AR15.Com Archives
 Gift my 2 year old an AR15 lower?
readyornot  [Member]
1/3/2012 12:16:46 AM
Can I purchase a Cali legal AR15 lower receiver and then gift it to my 2 year old son? Would this keep him from having to register it under the new long gun registration, or did that already take affect?
thebrassnuckles  [Team Member]
1/3/2012 1:56:02 AM
uh... there is no long gun resistration.
readyornot  [Member]
1/3/2012 2:39:07 AM
Originally Posted By thebrassnuckles:
uh... there is no long gun resistration.


http://www.thetruthaboutguns.com/2011/10/robert-farago/governor-brown-creates-ca-long-gun-registry/
readyornot  [Member]
1/3/2012 6:34:11 PM
Anyone else?

The more I think about this I can buy the ar lower, and just give it to them without doing any paperwork as the registration thing doesn't go into affect until next year. He will have the lower before the registration goes into affect, thus not needing to register when the new law takes affect. Does this sound right?
Chaingun  [Team Member]
1/3/2012 6:59:34 PM

Originally Posted By readyornot:
Anyone else?

The more I think about this I can buy the ar lower, and just give it to them without doing any paperwork as the registration thing doesn't go into affect until next year. He will have the lower before the registration goes into affect, thus not needing to register when the new law takes affect. Does this sound right?

It sounds legal to me, since you are giving your children rifles, and you just reminded me to purchase more lowers. I'm not clear about is what the new law says about gifting (I haven't read it) and what constitutes transfer of a rifle to your son. Currently you don't have to do anything, and is this grandfathered in, given you purchased the rifle prior to the law? Your son has taken possession of the rifle prior to the law becoming effective.

How will the law be enforced, given the state has to prove a rifle requires or doesn't require registration? A rifle's serial number doesn't prove a purchase date.

I'm reading the above link
_Lord_Of_War_  [Member]
1/3/2012 10:41:01 PM
Originally Posted By Chaingun:

Originally Posted By readyornot:
Anyone else?

The more I think about this I can buy the ar lower, and just give it to them without doing any paperwork as the registration thing doesn't go into affect until next year. He will have the lower before the registration goes into affect, thus not needing to register when the new law takes affect. Does this sound right?

It sounds legal to me, since you are giving your children rifles, and you just reminded me to purchase more lowers. I'm not clear about is what the new law says about gifting (I haven't read it) and what constitutes transfer of a rifle to your son. Currently you don't have to do anything, and is this grandfathered in, given you purchased the rifle prior to the law? Your son has taken possession of the rifle prior to the law becoming effective.

How will the law be enforced, given the state has to prove a rifle requires or doesn't require registration? A rifle's serial number doesn't prove a purchase date.

I'm reading the above link


But wouldn't the childs age come into a problem with him being 2 and all. It's like an 21yr old now trying to say they bought the hi cap mags before 2000.

I know you don't have to do paper work on a rifle if it's family (father/mom to son/daughter).

I'm not giving you the okay for anything. I am not a FFL or Lawyer. etc. etc. etc. (Just sharing my personal opinion and experience)
Chaingun  [Team Member]
1/4/2012 11:48:37 AM

Originally Posted By _Lord_Of_War_:
Originally Posted By Chaingun:

Originally Posted By readyornot:
Anyone else?

The more I think about this I can buy the ar lower, and just give it to them without doing any paperwork as the registration thing doesn't go into affect until next year. He will have the lower before the registration goes into affect, thus not needing to register when the new law takes affect. Does this sound right?

It sounds legal to me, since you are giving your children rifles, and you just reminded me to purchase more lowers. I'm not clear about is what the new law says about gifting (I haven't read it) and what constitutes transfer of a rifle to your son. Currently you don't have to do anything, and is this grandfathered in, given you purchased the rifle prior to the law? Your son has taken possession of the rifle prior to the law becoming effective.

How will the law be enforced, given the state has to prove a rifle requires or doesn't require registration? A rifle's serial number doesn't prove a purchase date.

I'm reading the above link


But wouldn't the childs age come into a problem with him being 2 and all. It's like an 21yr old now trying to say they bought the hi cap mags before 2000.

I know you don't have to do paper work on a rifle if it's family (father/mom to son/daughter).

I'm not giving you the okay for anything. I am not a FFL or Lawyer. etc. etc. etc. (Just sharing my personal opinion and experience)

If your child was born prior to the 2000 ban, they may take possession of all gun parts you own, including magazines. The question is could someone purchase magazines for unborn children?


Long gun family transfer requirements, and the person must be 18 years of age

In California, only licensed California firearms dealers who possess a valid Certificate of Eligibility (COE) are authorized to engage in retail sales of firearms. These retail sales require the purchaser to provide personal identifier information for the Dealer Record of Sale (DROS) document that the firearms dealer must submit to the Department of Justice (DOJ). There is a mandatory ten-day waiting period before the firearms dealer can deliver the firearm to the purchaser, during which time DOJ conducts a firearms eligibility background check to ensure the purchaser is not prohibited from lawfully possessing firearms.

Although there are exceptions, generally all firearms purchasers must be at least 18 years of age to purchase a long gun (rifle or shotgun) and 21 years of age to purchase a handgun (pistol or revolver). Additionally, purchasers must be California residents with a valid driver’s license or identification card issued by the California Department of Motor Vehicles.

Generally, it is illegal for any person who is not a California licensed firearms dealer (private party) to sell or transfer a firearm to another non-licensed person (private party) unless the sale is completed through a licensed California firearms dealer. "Private party transfers” can be conducted at any licensed California firearms dealership that sells handguns. The buyer and seller must complete the required DROS document in person at the licensed firearms dealership and
deliver the firearm to the dealer who will retain possession of the firearm during the mandatory ten-day waiting period. In addition to the applicable state fees, the firearms dealer may charge a fee not to exceed $10 per firearm for conducting the private party transfer.

The infrequent transfer of firearms between immediate family members is exempt from the law requiring private party transfers to be conducted through a licensed firearms dealer. For purposes of this exemption, "immediate family” means parent and child, and grandparent and grandchild but does not include brothers
or sisters. Please note if the firearm being transferred is a handgun, prior to taking possession of the firearm, the transferee must comply with the Handgun
Safety Certificate requirement described below. Within 30 days of the transfer
he/she must also submit a report of the transaction to DOJ. You may obtain the required report form (FD 4542) by contacting the DOJ Firearms Division at
(916) 227-3703 or you can download the form yourself from the Firearms Division
web site at www.ag.ca.gov/firearms/forms.
The reclaiming of a pawned firearm is subject to the DROS and 10-day waiting period requirements.

Source(s):

http://ag.ca.gov/register.php






I found the following in AB 809

SEC. 39. Section 27870 of the Penal Code is amended to read:
27870. Section 27545 does not apply to the transfer of a
firearm, other than a handgun, by gift, bequest, intestate succession,
or other means from one individual to another, if both of the
following requirements are satisfied:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
SEC. 40. Section 27875 of the Penal Code is amended to read:
27875. Section 27545 does not apply to the transfer of a
handgun, and commencing January 1, 2014, any firearm, by gift,
bequest, intestate succession, or other means from one individual
to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) Within 30 days of taking possession of the firearm, the
person to whom it is transferred shall 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 section shall be provided to them by the
Department of Justice.
(d) The person taking title to the firearm shall first obtain a
handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.
SEC. 41. Section 27880 of the Penal Code is amended to read:
27880. Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of
the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the individual being loaned the
handgun shall have a valid handgun safety certificate.




It looks like they are removing the immediate family transfer option as of 1/1/2014

readyornot  [Member]
1/4/2012 6:12:53 PM
Originally Posted By Chaingun:

Originally Posted By _Lord_Of_War_:
Originally Posted By Chaingun:

Originally Posted By readyornot:
Anyone else?

The more I think about this I can buy the ar lower, and just give it to them without doing any paperwork as the registration thing doesn't go into affect until next year. He will have the lower before the registration goes into affect, thus not needing to register when the new law takes affect. Does this sound right?

It sounds legal to me, since you are giving your children rifles, and you just reminded me to purchase more lowers. I'm not clear about is what the new law says about gifting (I haven't read it) and what constitutes transfer of a rifle to your son. Currently you don't have to do anything, and is this grandfathered in, given you purchased the rifle prior to the law? Your son has taken possession of the rifle prior to the law becoming effective.

How will the law be enforced, given the state has to prove a rifle requires or doesn't require registration? A rifle's serial number doesn't prove a purchase date.

I'm reading the above link


But wouldn't the childs age come into a problem with him being 2 and all. It's like an 21yr old now trying to say they bought the hi cap mags before 2000.

I know you don't have to do paper work on a rifle if it's family (father/mom to son/daughter).

I'm not giving you the okay for anything. I am not a FFL or Lawyer. etc. etc. etc. (Just sharing my personal opinion and experience)

If your child was born prior to the 2000 ban, they may take possession of all gun parts you own, including magazines. The question is could someone purchase magazines for unborn children?


Long gun family transfer requirements, and the person must be 18 years of age

In California, only licensed California firearms dealers who possess a valid Certificate of Eligibility (COE) are authorized to engage in retail sales of firearms. These retail sales require the purchaser to provide personal identifier information for the Dealer Record of Sale (DROS) document that the firearms dealer must submit to the Department of Justice (DOJ). There is a mandatory ten-day waiting period before the firearms dealer can deliver the firearm to the purchaser, during which time DOJ conducts a firearms eligibility background check to ensure the purchaser is not prohibited from lawfully possessing firearms.

Although there are exceptions, generally all firearms purchasers must be at least 18 years of age to purchase a long gun (rifle or shotgun) and 21 years of age to purchase a handgun (pistol or revolver). Additionally, purchasers must be California residents with a valid driver’s license or identification card issued by the California Department of Motor Vehicles.

Generally, it is illegal for any person who is not a California licensed firearms dealer (private party) to sell or transfer a firearm to another non-licensed person (private party) unless the sale is completed through a licensed California firearms dealer. "Private party transfers” can be conducted at any licensed California firearms dealership that sells handguns. The buyer and seller must complete the required DROS document in person at the licensed firearms dealership and
deliver the firearm to the dealer who will retain possession of the firearm during the mandatory ten-day waiting period. In addition to the applicable state fees, the firearms dealer may charge a fee not to exceed $10 per firearm for conducting the private party transfer.

The infrequent transfer of firearms between immediate family members is exempt from the law requiring private party transfers to be conducted through a licensed firearms dealer. For purposes of this exemption, "immediate family” means parent and child, and grandparent and grandchild but does not include brothers
or sisters. Please note if the firearm being transferred is a handgun, prior to taking possession of the firearm, the transferee must comply with the Handgun
Safety Certificate requirement described below. Within 30 days of the transfer
he/she must also submit a report of the transaction to DOJ. You may obtain the required report form (FD 4542) by contacting the DOJ Firearms Division at
(916) 227-3703 or you can download the form yourself from the Firearms Division
web site at www.ag.ca.gov/firearms/forms.
The reclaiming of a pawned firearm is subject to the DROS and 10-day waiting period requirements.

Source(s):

http://ag.ca.gov/register.php






I found the following in AB 809

SEC. 39. Section 27870 of the Penal Code is amended to read:
27870. Section 27545 does not apply to the transfer of a
firearm, other than a handgun, by gift, bequest, intestate succession,
or other means from one individual to another, if both of the
following requirements are satisfied:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
SEC. 40. Section 27875 of the Penal Code is amended to read:
27875. Section 27545 does not apply to the transfer of a
handgun, and commencing January 1, 2014, any firearm, by gift,
bequest, intestate succession, or other means from one individual
to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) Within 30 days of taking possession of the firearm, the
person to whom it is transferred shall 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 section shall be provided to them by the
Department of Justice.
(d) The person taking title to the firearm shall first obtain a
handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.
SEC. 41. Section 27880 of the Penal Code is amended to read:
27880. Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of
the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the individual being loaned the
handgun shall have a valid handgun safety certificate.




It looks like they are removing the immediate family transfer option as of 1/1/2014



I see where it says you have to be 18 to purchase, but I don't see where it says you much be 18 or older for a family gift.
thebrassnuckles  [Team Member]
1/5/2012 2:42:13 AM
wow, I thought that long gun registration got shut down.

good to know.


6 more months...
Chaingun  [Team Member]
1/5/2012 10:30:18 AM

Originally Posted By readyornot:
Originally Posted By Chaingun:

Originally Posted By _Lord_Of_War_:
Originally Posted By Chaingun:

Originally Posted By readyornot:
Anyone else?

The more I think about this I can buy the ar lower, and just give it to them without doing any paperwork as the registration thing doesn't go into affect until next year. He will have the lower before the registration goes into affect, thus not needing to register when the new law takes affect. Does this sound right?

It sounds legal to me, since you are giving your children rifles, and you just reminded me to purchase more lowers. I'm not clear about is what the new law says about gifting (I haven't read it) and what constitutes transfer of a rifle to your son. Currently you don't have to do anything, and is this grandfathered in, given you purchased the rifle prior to the law? Your son has taken possession of the rifle prior to the law becoming effective.

How will the law be enforced, given the state has to prove a rifle requires or doesn't require registration? A rifle's serial number doesn't prove a purchase date.

I'm reading the above link


But wouldn't the childs age come into a problem with him being 2 and all. It's like an 21yr old now trying to say they bought the hi cap mags before 2000.

I know you don't have to do paper work on a rifle if it's family (father/mom to son/daughter).

I'm not giving you the okay for anything. I am not a FFL or Lawyer. etc. etc. etc. (Just sharing my personal opinion and experience)

If your child was born prior to the 2000 ban, they may take possession of all gun parts you own, including magazines. The question is could someone purchase magazines for unborn children?


Long gun family transfer requirements, and the person must be 18 years of age

In California, only licensed California firearms dealers who possess a valid Certificate of Eligibility (COE) are authorized to engage in retail sales of firearms. These retail sales require the purchaser to provide personal identifier information for the Dealer Record of Sale (DROS) document that the firearms dealer must submit to the Department of Justice (DOJ). There is a mandatory ten-day waiting period before the firearms dealer can deliver the firearm to the purchaser, during which time DOJ conducts a firearms eligibility background check to ensure the purchaser is not prohibited from lawfully possessing firearms.

Although there are exceptions, generally all firearms purchasers must be at least 18 years of age to purchase a long gun (rifle or shotgun) and 21 years of age to purchase a handgun (pistol or revolver). Additionally, purchasers must be California residents with a valid driver’s license or identification card issued by the California Department of Motor Vehicles.

Generally, it is illegal for any person who is not a California licensed firearms dealer (private party) to sell or transfer a firearm to another non-licensed person (private party) unless the sale is completed through a licensed California firearms dealer. "Private party transfers” can be conducted at any licensed California firearms dealership that sells handguns. The buyer and seller must complete the required DROS document in person at the licensed firearms dealership and
deliver the firearm to the dealer who will retain possession of the firearm during the mandatory ten-day waiting period. In addition to the applicable state fees, the firearms dealer may charge a fee not to exceed $10 per firearm for conducting the private party transfer.

The infrequent transfer of firearms between immediate family members is exempt from the law requiring private party transfers to be conducted through a licensed firearms dealer. For purposes of this exemption, "immediate family” means parent and child, and grandparent and grandchild but does not include brothers
or sisters. Please note if the firearm being transferred is a handgun, prior to taking possession of the firearm, the transferee must comply with the Handgun
Safety Certificate requirement described below. Within 30 days of the transfer
he/she must also submit a report of the transaction to DOJ. You may obtain the required report form (FD 4542) by contacting the DOJ Firearms Division at
(916) 227-3703 or you can download the form yourself from the Firearms Division
web site at www.ag.ca.gov/firearms/forms.
The reclaiming of a pawned firearm is subject to the DROS and 10-day waiting period requirements.

Source(s):

http://ag.ca.gov/register.php






I found the following in AB 809

SEC. 39. Section 27870 of the Penal Code is amended to read:
27870. Section 27545 does not apply to the transfer of a
firearm, other than a handgun, by gift, bequest, intestate succession,
or other means from one individual to another, if both of the
following requirements are satisfied:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
SEC. 40. Section 27875 of the Penal Code is amended to read:
27875. Section 27545 does not apply to the transfer of a
handgun, and commencing January 1, 2014, any firearm, by gift,
bequest, intestate succession, or other means from one individual
to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) Within 30 days of taking possession of the firearm, the
person to whom it is transferred shall 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 section shall be provided to them by the
Department of Justice.
(d) The person taking title to the firearm shall first obtain a
handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.
SEC. 41. Section 27880 of the Penal Code is amended to read:
27880. Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of
the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the individual being loaned the
handgun shall have a valid handgun safety certificate.




It looks like they are removing the immediate family transfer option as of 1/1/2014



I see where it says you have to be 18 to purchase, but I don't see where it says you much be 18 or older for a family gift.

http://calguns.net/calgunforum/showthread.php?t=124237

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.




A gift is like a purchase, following the age requirement.

Wondering what are other states are like for age requirements?

readyornot  [Member]
1/5/2012 12:38:45 PM
Originally Posted By Chaingun:

Originally Posted By readyornot:
Originally Posted By Chaingun:

Originally Posted By _Lord_Of_War_:
Originally Posted By Chaingun:

Originally Posted By readyornot:
Anyone else?

The more I think about this I can buy the ar lower, and just give it to them without doing any paperwork as the registration thing doesn't go into affect until next year. He will have the lower before the registration goes into affect, thus not needing to register when the new law takes affect. Does this sound right?

It sounds legal to me, since you are giving your children rifles, and you just reminded me to purchase more lowers. I'm not clear about is what the new law says about gifting (I haven't read it) and what constitutes transfer of a rifle to your son. Currently you don't have to do anything, and is this grandfathered in, given you purchased the rifle prior to the law? Your son has taken possession of the rifle prior to the law becoming effective.

How will the law be enforced, given the state has to prove a rifle requires or doesn't require registration? A rifle's serial number doesn't prove a purchase date.

I'm reading the above link


But wouldn't the childs age come into a problem with him being 2 and all. It's like an 21yr old now trying to say they bought the hi cap mags before 2000.

I know you don't have to do paper work on a rifle if it's family (father/mom to son/daughter).

I'm not giving you the okay for anything. I am not a FFL or Lawyer. etc. etc. etc. (Just sharing my personal opinion and experience)

If your child was born prior to the 2000 ban, they may take possession of all gun parts you own, including magazines. The question is could someone purchase magazines for unborn children?


Long gun family transfer requirements, and the person must be 18 years of age

In California, only licensed California firearms dealers who possess a valid Certificate of Eligibility (COE) are authorized to engage in retail sales of firearms. These retail sales require the purchaser to provide personal identifier information for the Dealer Record of Sale (DROS) document that the firearms dealer must submit to the Department of Justice (DOJ). There is a mandatory ten-day waiting period before the firearms dealer can deliver the firearm to the purchaser, during which time DOJ conducts a firearms eligibility background check to ensure the purchaser is not prohibited from lawfully possessing firearms.

Although there are exceptions, generally all firearms purchasers must be at least 18 years of age to purchase a long gun (rifle or shotgun) and 21 years of age to purchase a handgun (pistol or revolver). Additionally, purchasers must be California residents with a valid driver’s license or identification card issued by the California Department of Motor Vehicles.

Generally, it is illegal for any person who is not a California licensed firearms dealer (private party) to sell or transfer a firearm to another non-licensed person (private party) unless the sale is completed through a licensed California firearms dealer. "Private party transfers” can be conducted at any licensed California firearms dealership that sells handguns. The buyer and seller must complete the required DROS document in person at the licensed firearms dealership and
deliver the firearm to the dealer who will retain possession of the firearm during the mandatory ten-day waiting period. In addition to the applicable state fees, the firearms dealer may charge a fee not to exceed $10 per firearm for conducting the private party transfer.

The infrequent transfer of firearms between immediate family members is exempt from the law requiring private party transfers to be conducted through a licensed firearms dealer. For purposes of this exemption, "immediate family” means parent and child, and grandparent and grandchild but does not include brothers
or sisters. Please note if the firearm being transferred is a handgun, prior to taking possession of the firearm, the transferee must comply with the Handgun
Safety Certificate requirement described below. Within 30 days of the transfer
he/she must also submit a report of the transaction to DOJ. You may obtain the required report form (FD 4542) by contacting the DOJ Firearms Division at
(916) 227-3703 or you can download the form yourself from the Firearms Division
web site at www.ag.ca.gov/firearms/forms.
The reclaiming of a pawned firearm is subject to the DROS and 10-day waiting period requirements.

Source(s):

http://ag.ca.gov/register.php






I found the following in AB 809

SEC. 39. Section 27870 of the Penal Code is amended to read:
27870. Section 27545 does not apply to the transfer of a
firearm, other than a handgun, by gift, bequest, intestate succession,
or other means from one individual to another, if both of the
following requirements are satisfied:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
SEC. 40. Section 27875 of the Penal Code is amended to read:
27875. Section 27545 does not apply to the transfer of a
handgun, and commencing January 1, 2014, any firearm, by gift,
bequest, intestate succession, or other means from one individual
to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) Within 30 days of taking possession of the firearm, the
person to whom it is transferred shall 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 section shall be provided to them by the
Department of Justice.
(d) The person taking title to the firearm shall first obtain a
handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.
SEC. 41. Section 27880 of the Penal Code is amended to read:
27880. Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of
the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the individual being loaned the
handgun shall have a valid handgun safety certificate.




It looks like they are removing the immediate family transfer option as of 1/1/2014



I see where it says you have to be 18 to purchase, but I don't see where it says you much be 18 or older for a family gift.

http://calguns.net/calgunforum/showthread.php?t=124237

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.




A gift is like a purchase, following the age requirement.

Wondering what are other states are like for age requirements?



According to what you posted under 1207c1 the code you posted only applies to handguns.

Also, the calguns link you posted states "(2) 12078(c)(1) means long guns are paperless. There is no fee, there is no notification, and there is no age limit."

So I think I am legal to gift my 2 year old the AR lower as long as I don't gift any magazines larger than 10 rounds, and I do it before 2014.
Chaingun  [Team Member]
1/5/2012 4:06:22 PM

Originally Posted By readyornot:
Originally Posted By Chaingun:

Originally Posted By readyornot:
Originally Posted By Chaingun:

Originally Posted By _Lord_Of_War_:
Originally Posted By Chaingun:

Originally Posted By readyornot:
Anyone else?

The more I think about this I can buy the ar lower, and just give it to them without doing any paperwork as the registration thing doesn't go into affect until next year. He will have the lower before the registration goes into affect, thus not needing to register when the new law takes affect. Does this sound right?

It sounds legal to me, since you are giving your children rifles, and you just reminded me to purchase more lowers. I'm not clear about is what the new law says about gifting (I haven't read it) and what constitutes transfer of a rifle to your son. Currently you don't have to do anything, and is this grandfathered in, given you purchased the rifle prior to the law? Your son has taken possession of the rifle prior to the law becoming effective.

How will the law be enforced, given the state has to prove a rifle requires or doesn't require registration? A rifle's serial number doesn't prove a purchase date.

I'm reading the above link


But wouldn't the childs age come into a problem with him being 2 and all. It's like an 21yr old now trying to say they bought the hi cap mags before 2000.

I know you don't have to do paper work on a rifle if it's family (father/mom to son/daughter).

I'm not giving you the okay for anything. I am not a FFL or Lawyer. etc. etc. etc. (Just sharing my personal opinion and experience)

If your child was born prior to the 2000 ban, they may take possession of all gun parts you own, including magazines. The question is could someone purchase magazines for unborn children?


Long gun family transfer requirements, and the person must be 18 years of age

In California, only licensed California firearms dealers who possess a valid Certificate of Eligibility (COE) are authorized to engage in retail sales of firearms. These retail sales require the purchaser to provide personal identifier information for the Dealer Record of Sale (DROS) document that the firearms dealer must submit to the Department of Justice (DOJ). There is a mandatory ten-day waiting period before the firearms dealer can deliver the firearm to the purchaser, during which time DOJ conducts a firearms eligibility background check to ensure the purchaser is not prohibited from lawfully possessing firearms.

Although there are exceptions, generally all firearms purchasers must be at least 18 years of age to purchase a long gun (rifle or shotgun) and 21 years of age to purchase a handgun (pistol or revolver). Additionally, purchasers must be California residents with a valid driver’s license or identification card issued by the California Department of Motor Vehicles.

Generally, it is illegal for any person who is not a California licensed firearms dealer (private party) to sell or transfer a firearm to another non-licensed person (private party) unless the sale is completed through a licensed California firearms dealer. "Private party transfers” can be conducted at any licensed California firearms dealership that sells handguns. The buyer and seller must complete the required DROS document in person at the licensed firearms dealership and
deliver the firearm to the dealer who will retain possession of the firearm during the mandatory ten-day waiting period. In addition to the applicable state fees, the firearms dealer may charge a fee not to exceed $10 per firearm for conducting the private party transfer.

The infrequent transfer of firearms between immediate family members is exempt from the law requiring private party transfers to be conducted through a licensed firearms dealer. For purposes of this exemption, "immediate family” means parent and child, and grandparent and grandchild but does not include brothers
or sisters. Please note if the firearm being transferred is a handgun, prior to taking possession of the firearm, the transferee must comply with the Handgun
Safety Certificate requirement described below. Within 30 days of the transfer
he/she must also submit a report of the transaction to DOJ. You may obtain the required report form (FD 4542) by contacting the DOJ Firearms Division at
(916) 227-3703 or you can download the form yourself from the Firearms Division
web site at www.ag.ca.gov/firearms/forms.
The reclaiming of a pawned firearm is subject to the DROS and 10-day waiting period requirements.

Source(s):

http://ag.ca.gov/register.php






I found the following in AB 809

SEC. 39. Section 27870 of the Penal Code is amended to read:
27870. Section 27545 does not apply to the transfer of a
firearm, other than a handgun, by gift, bequest, intestate succession,
or other means from one individual to another, if both of the
following requirements are satisfied:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
SEC. 40. Section 27875 of the Penal Code is amended to read:
27875. Section 27545 does not apply to the transfer of a
handgun, and commencing January 1, 2014, any firearm, by gift,
bequest, intestate succession, or other means from one individual
to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate
family.
(c) Within 30 days of taking possession of the firearm, the
person to whom it is transferred shall 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 section shall be provided to them by the
Department of Justice.
(d) The person taking title to the firearm shall first obtain a
handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.
SEC. 41. Section 27880 of the Penal Code is amended to read:
27880. Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of
the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the individual being loaned the
handgun shall have a valid handgun safety certificate.




It looks like they are removing the immediate family transfer option as of 1/1/2014



I see where it says you have to be 18 to purchase, but I don't see where it says you much be 18 or older for a family gift.

http://calguns.net/calgunforum/showthread.php?t=124237

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.




A gift is like a purchase, following the age requirement.

Wondering what are other states are like for age requirements?



According to what you posted under 1207c1 the code you posted only applies to handguns.

Also, the calguns link you posted states "(2) 12078(c)(1) means long guns are paperless. There is no fee, there is no notification, and there is no age limit."

So I think I am legal to gift my 2 year old the AR lower as long as I don't gift any magazines larger than 10 rounds, and I do it before 2014.

This is what you are looking for. And since no paper work is required, the transfer is done I'm going to let my kids know about their new rifles tonight.

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.



http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members


readyornot  [Member]
1/6/2012 1:38:18 AM
Great info, I'm thinking I'm going to video tape the gift giving as proof of the gift.
johnbush  [Member]
1/9/2012 12:26:09 PM
I hope your 2 year old enjoys the lower. I gifted one of my rifles to my grandson last month, he's only 7 months old but I'm sure he appreciated it.