depotoo
Diamond Member
- Sep 9, 2012
- 40,718
- 13,425
- 2,280
In California you have to go through a FFL dealer to do such. also-
Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?
Yes, as long as the person receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess (e.g., not an assault weapon), the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer.
If the firearm is a handgun, the recipient must obtain a Handgun Safety Certificate prior to taking possession and must also submit a Report of Operation of Law or Intra-Familial Handgun Transaction, pdf and $19 fee to the DOJ within 30 days after taking possession.
The same rules apply to the return of the firearm at a later date.
(Pen. Code, §§ 16990, subd. (g), 27915, 27920, subd. (b).)
I would assume this would apply to any gift of a gun there.
.....
Purchasing a firearm for someone else who may not legally possess the firearm is called a "Straw Purchase" which is a felony violation of the Gun Control Act of 1968, which is very illegal and is prosecuted by the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE formerly and more commonly known as the ATF).
.....
So, any gift would have to show a transfer, and it is not permitted with an assault rifle, which I believe both the arms acquired legally by someone else in this case, were the assault weapons, and would indeed be illegal.
Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?
Yes, as long as the person receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess (e.g., not an assault weapon), the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer.
If the firearm is a handgun, the recipient must obtain a Handgun Safety Certificate prior to taking possession and must also submit a Report of Operation of Law or Intra-Familial Handgun Transaction, pdf and $19 fee to the DOJ within 30 days after taking possession.
The same rules apply to the return of the firearm at a later date.
(Pen. Code, §§ 16990, subd. (g), 27915, 27920, subd. (b).)
I would assume this would apply to any gift of a gun there.
.....
Purchasing a firearm for someone else who may not legally possess the firearm is called a "Straw Purchase" which is a felony violation of the Gun Control Act of 1968, which is very illegal and is prosecuted by the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE formerly and more commonly known as the ATF).
.....
So, any gift would have to show a transfer, and it is not permitted with an assault rifle, which I believe both the arms acquired legally by someone else in this case, were the assault weapons, and would indeed be illegal.
You can give your legally acquired guns away.What I find astounding is they stated all guns were acquired legally, but 2 were not acquired by them. I do believe it is a felony if you use someone elses legally acquired gun to commit a crime, thus your use of it is illegal. And I seriously doubt she had a permit to carry a gun.