# Handgun exchange



## bronco1 (Aug 7, 2010)

I live in California(YES I KNOW)and am wondering if a family member out of state gives me a gun as a PRESENT,do i have to go down and go through all the same steps as I would if I were buying a gun?Does a gun have to be registered to me if it is given as a present?


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## Shipwreck (Jan 26, 2006)

I would google "California gun forum" or "california handgun forum" - most stated have weapon specific forum. They would be more familiar with CA gun laws


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## unpecador (May 9, 2008)

*Can I legally transfer ownership of a firearm to another family member without the waiting period, without processing the transfer through a firearms dealer or without registration?*

Yes, providing the transfer is to a person's parent, child, grandparent or grandchild who is not a person prohibited from possessing firearms, and the firearms being transferred is a rifle or a shotgun. There is no waiting period and in this case, no forms are required to be filed with the State Department of Justice. However, if the transfer of a firearms is from one spouse to the other, or if the firearm is a handgun, there is no waiting period, but a report of the transfer must be mailed to the Department of Justice within 30 days using forms which can be obtained by contacting the department (916) 227-3703. If the firearm is a handgun, the person taking title must first obtain a "Basic Firearm Safety Certificate". (Section 12078 P.C.) This section also applies to gifts, bequests, and inheritances. There is no exemption from the waiting period or the "through dealer" transaction requirement for transfers between siblings; aunts, uncles, or friends. Handguns that are classified as curio/relics are subject to the same handgun provisions as described above. Antique firearms are not subject to any waiting period or requirement to file forms. An "assault weapon" cannot legally be transferred, except between spouses or to a child and then only if the firearm was originally registered in both their names under the family joint registration provision of Penal Code Section 12285(e).

California Gun Laws


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## Alaskan_Viking (Jun 13, 2006)

I cringe everytime I hear Commiefornia folks talk about their BS gun laws...


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## ScottChapin (Jul 7, 2010)

Alaskan_Viking said:


> I cringe everytime I hear Commiefornia folks talk about their BS gun laws...


I know I'd be voting with my feet.


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## Couch Potato (Jun 3, 2010)

Alaskan_Viking said:


> I cringe everytime I hear Commiefornia folks talk about their BS gun laws...


CA does not have a monopoly on "BS gun laws." Under NC law you need a permit to inherit a pistol. :smt013 (Not that I will be moving back to CA anytime soon, but every place has some issues that make no sense at all.)


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## unpecador (May 9, 2008)

More information...

Transferring Firearms Among Some Family Members - Calguns Wiki

*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.

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)

*Interstate Intrafamily transfers need FFL 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 FFL -- the 'OPLAW' form does not work for INTERSTATE transfer.


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## BearValley (May 25, 2009)

Alaskan_Viking said:


> I cringe everytime I hear Commiefornia folks talk about their BS gun laws...


Uuugh. I lived there for 47 years and finally left a year ago. I am preparing for my first visit since then and feel really strange as I cannot take my XDm-9 with me.

The more time and distance that I get, the more I see how messed up that state has become.


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