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

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m (Family gun transfers in California (parent/child, grandparent/grandchild, husband/wife))
(Family gun transfers in California (parent/child, grandparent/grandchild, husband/wife))
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The applicable Penal Code is [http://caselaw.lp.findlaw.com/cacodes/pen/12070-12086.html 12072(d) and 12078(c)]
 
The applicable Penal Code is [http://caselaw.lp.findlaw.com/cacodes/pen/12070-12086.html 12072(d) and 12078(c)]
  
  12072 (d) Where neither party to the transaction holds a dealer's
+
  12072 (d) Where neither party to the transaction holds a
license issued pursuant to Section 12071, the parties to the
+
dealer's license issued pursuant to Section 12071, the parties
  transaction shall complete the sale, loan, or transfer of that
+
  to the transaction shall complete the sale, loan, or transfer
  firearm through a licensed firearms dealer pursuant to Section 12082.
+
  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
+
  12078 (c) (1) Subdivision (d) of Section 12072 shall not apply
  '''infrequent''' transfer of '''a firearm that is not a handgun''' by gift,
+
  to the '''infrequent''' transfer of '''a firearm that is not a
bequest, intestate succession, or other means by one individual to
+
handgun''' by gift, bequest, intestate succession, or other
another if both individuals are members of the same immediate family.
+
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
 
  (2) Subdivision (d) of Section 12072 shall not apply to the
  '''infrequent''' transfer of '''a handgun''' by gift, bequest, intestate
+
  '''infrequent''' transfer of '''a handgun''' by gift, bequest,
  succession, or other means by one individual to another if both
+
  intestate succession, or other means by one individual to  
individuals are members of the same immediate family and all of the
+
another if both individuals are members of the same immediate
following conditions are met:
+
family and all of the following conditions are met:
  (A) The person to whom the firearm is transferred shall, within 30
+
  (A) The person to whom the firearm is transferred shall, within
  days of taking possession of the firearm, forward by prepaid mail or
+
  30 days of taking possession of the firearm, forward by prepaid
  deliver in person to the Department of Justice, a '''report''' that
+
  mail or deliver in person to the Department of Justice, a
includes information concerning the individual taking possession of
+
'''report''' that includes information concerning the
the firearm, how title was obtained and from whom, and a description
+
individual taking possession of the firearm, how title was
of the firearm in question. The report forms that individuals
+
obtained and from whom, and a description of the firearm in
complete pursuant to this paragraph shall be provided to them by the
+
question. The report forms that individuals complete pursuant
  Department of Justice.
+
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
 
  (B) The person taking title to the firearm shall first obtain a
 
  '''handgun safety certificate'''.
 
  '''handgun safety certificate'''.
  (C) The person receiving the firearm is '''18 years of age or older'''.
+
  (C) The person receiving the firearm is '''18 years of age or
 +
older'''.
  
 
  (3) As used in this subdivision, "immediate family member" means
 
  (3) As used in this subdivision, "immediate family member" means
Line 38: Line 42:
 
  (A) Parent and child.
 
  (A) Parent and child.
 
  (B) Grandparent and grandchild.
 
  (B) Grandparent and grandchild.
 +
 +
12078 was added to the Penal Code by [http://www.leginfo.ca.gov/pub/93-94/bill/asm/ab_0151-0200/ab_166_bill_931001_chaptered 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===
 
===Parent/child, grandparent/grandchild, husband/wife only===
 
Note the text in (3). It really means ONLY those relationships, in either direction. Your brother, uncle, or cousin are NOT included. However, in a slightly different operation, husbands and wives can give guns to each other, in an 'operation of law' called conversion.
 
Note the text in (3). It really means ONLY those relationships, in either direction. Your brother, uncle, or cousin are NOT included. However, in a slightly different operation, husbands and wives can give guns to each other, in an 'operation of law' called conversion.

Revision as of 18:21, 3 June 2009

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

California allows Non-FFL transfers among certain family members within California.

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, or cousin are NOT included. However, in a slightly different operation, husbands and wives can give guns to each other, in an 'operation of law' called conversion.

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. (Penal Code 12026 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 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 transfers are generally NOT FFL-free, because Federal law says so.

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