Difference between revisions of "Transferring Firearms Among Some Family Members"

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===Handgun transfer to 18-20 is OK===
 
===Handgun transfer to 18-20 is OK===
12078(c)(2) also means parents or grandparents can transfer handguns to children or grandchildren 18 or older. Since it's illegal for dealers to transfer handguns to people under 21, this is the way people 18, 19 and 20 can legally receive handguns. ([http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/2/s12026 Penal Code 12026] is quite clear that those 18 and over can "own, possess, [and] keep ..." a pistol or revolver.)
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12078(c)(2) also means parents or grandparents can transfer handguns to children or grandchildren 18 or older. Since it's illegal for dealers to transfer handguns to people under 21, this is the way people 18, 19 and 20 can legally receive handguns. <span class="plainlinks"<span class="plainlinks">[https://www.paydayloanranger.com <span style="color:black;font-weight:normal;text-decoration:none!important;background:none!important; text-decoration:none;">payday loan</span>]</span>/span>is quite clear that those 18 and over can "own, possess, [and] keep ..." a pistol or revolver.)
  
 
===HSC is required===
 
===HSC is required===

Revision as of 01:55, 30 October 2011

Family gun transfers in California (parent/child, grandparent/grandchild, husband/wife)

California allows Non-FFL transfers among certain family members, all of whom live within California. Federal law has nothing similar - an intrafamily transfer between residents of different states must use a FFL in the state of residence of the person receiving the gun.

In all cases the law specifies the receiver must not be prohibited from owning guns.

The applicable Penal Code is 12072(d) and 12078(c)

12072 (d) Where neither party to the transaction holds a
dealer's license issued pursuant to Section 12071, the parties
to the transaction shall complete the sale, loan, or transfer
of that firearm through a licensed firearms dealer pursuant to
Section 12082.
12078 (c) (1) Subdivision (d) of Section 12072 shall not apply
to the infrequent transfer of a firearm that is not a
handgun by gift, bequest, intestate succession, or other
means by one individual to another if both individuals are
members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest,
intestate succession, or other means by one individual to 
another if both individuals are members of the same immediate
family and all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within
30 days of taking possession of the firearm, forward by prepaid
mail or deliver in person to the Department of Justice, a
report that includes information concerning the
individual taking possession of the firearm, how title was
obtained and from whom, and a description of the firearm in
question. The report forms that individuals complete pursuant
to this paragraph shall be provided to them by the Department
of Justice.
(B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or
older.
(3) As used in this subdivision, "immediate family member" means
any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.

12078 was added to the Penal Code by AB 166, introduced in January of 1993, filed with Secretary of State October 1993, effective Jan 1, 1994.

Parent/child, grandparent/grandchild, husband/wife only

Note the text in (3). It really means ONLY those relationships, in either direction. Your brother, uncle, cousin or any 'in-laws' are NOT included.

However, in a slightly different operation, husbands and wives can give guns to each other, in an 'operation of law' called 'transmutation' (Family Code 850 The implication here is that firearms are separate, not community property - but why that should be so is not clear; further discussion of community property and related topics is far outside the scope of this article).

A perilous work-around

Brother directly to brother is not legal. Child to parent, parent to other child follows the law.

i. e. Staying entirely within the letter of the law, Abel may accomplish a transfer to his brother Cain by first transferring the firearm to either parent (Adam or Eve), and then the parent would transfer the firearm to their other son, Cain.

Penal Code 12072 (a) addresses this situation:

(4)No person, corporation, or dealer shall sell, loan, or transfer
a firearm to any person whom he or she knows or has cause to
believe is not the actual purchaser or transferee of the firearm,
or to any person who is not the person actually being loaned the
firearm, if the person, corporation, or dealer has either of the
following:

(A)Knowledge that the firearm is to be subsequently loaned, sold,
or transferred to avoid the provisions of subdivision (c) or (d).

(B)Knowledge that the firearm is to be subsequently loaned, sold,
or transferred to avoid the requirements of any exemption to the
provisions of subdivision (c) or (d).
(5)No person, corporation, or dealer shall acquire a firearm for
the purpose of selling, transferring, or loaning the firearm, if
the person, corporation, or dealer has either of the following:

(A)In the case of a dealer, intent to violate subdivision (b) or
(c).

(B)In any other case, intent to avoid either of the following:

(i)The provisions of subdivision (d).

(ii)The requirements of any exemption to the provisions of
subdivision (d).

(d), as already quoted above, is

(d)Where neither party to the transaction holds a dealer's license
issued pursuant  to Section 12071, the parties to the transaction
shall complete the sale, loan, or transfer of that firearm through
a licensed firearms dealer pursuant to Section 12082.

Long guns need no paper

12078(c)(1) means long guns are paperless. There is no fee, there is no notification, and there is no age limit.

Hand guns need paper and fee

12078(c)(2) means handguns require paper and a fee - this form, Operation of Law or Intrafamilial Handgun Transaction Report, and $19 for all the handguns you care to transfer.

Handgun transfer to 18-20 is OK

12078(c)(2) also means parents or grandparents can transfer handguns to children or grandchildren 18 or older. Since it's illegal for dealers to transfer handguns to people under 21, this is the way people 18, 19 and 20 can legally receive handguns. <span class="plainlinks"payday loan/span>is quite clear that those 18 and over can "own, possess, [and] keep ..." a pistol or revolver.)

HSC is required

The Handgun Safety Certificate is required for handgun transfers, even though the Transaction Report has no place to record the HSC number or other verification that the receiver has the HSC.

These transfers are exempt from the Roster

An additional part of the Penal Code, 12132

12132. This chapter shall not apply to any of the following:

(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of subdivision (d) of Section 12072 pursuant to any
applicable exemption contained in Section 12078, if the sale, loan,
or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.

says that intrafamilial handgun transfers are NOT subject to the Roster of Handguns.

Interstate Intrafamily transfers need FFL located in CA

INTERSTATE transfers are generally NOT FFL-free, because Federal law says so. So, out of state family members MAY transfer guns to family living in California, but almost always must use the services of a CA-licensed, in-California FFL -- the 'OPLAW' form does not work for INTERSTATE transfer.

After you use a CA FFL to facilitate your interstate transfer, do NOT file the 'OPLAW' form as well; DROS accomplishes the state-level details. The 'OPLAW' form is not sufficient and not necessary.

"Infrequent" means "five or fewer times per year".(PC 12070 (c)(1) )

A usage note

The term is intrafamilial (think 'only Capulets' or 'only Hatfields') instead of interfamilial (think 'Capulets and Montagues' or 'Hatfields and McCoys').