fIREARM TRANSFERS BETWEEN FAMILIES AND MARRIED COUPLES
Firearm transfer to family members are the easiest and the cheapest almost hustle free transfer not requiring a FFL Dealer.
Hello brothers and sisters. Did you know that there’s a way to get guns without a Federal Firearm License - FFL Dealer in San Jose or California? That’s right! In this video, I will give you all the 411 to take advantage of this California law.
For you to take advantage of this law, it must be a transfer within your family...and they must all be IN CALIFORNIA. Stick to the very end so that I can explain certain loopholes for this type of transfers.
You see, gifting of firearms within a family doesn’t fall under the rules and regulations of what FFL dealers In San Jose must follow. Firearm transfers between family members falls under several penal codes and laws:
These codes and laws are:
ARTICLE 6. from Penal Code 27850 through 27970
- Article 6 list the regulations about Private party transfer. However, we are Specifically interested in the California Penal Code 27875 which deals with Intra-state Familial Transfers
- California Penal Code section 16990
- This PC is related to the transfer of firearm between married couple or domestic partners called “transmutation of property”.
- Transmutation of property means to change form, and in the context of California, "transmutation means that property has changed form or character in one of the following ways: ... Property changed from one party's separate property to the other party's separate property.”
- “Operation of Law” is a law which applies or tied into the reason why FFL dealer is not required for these types of transfers.
- This law means that an individual acquires certain rights or liabilities through no act or cooperation of his or her own, but merely by the application of the established legal rules to the particular transaction.
There are separate rules for interstate familial transfer. INTERSTATE AS IN BETWEEN TO SEPARATE STATE such as a father from Texas gifting his/her child, a California resident, a firearm. I will not discuss the different set of rules for interstate ppt. If you want me to make a video, let me know in the comment section. You can also give us a thumbs up and subscribe to receive timely information that you’ll need to get more guns!!
First, Let’s go over “Intra-Familial Firearm Transfer”. This type of private party transfer of firearm is covered by California Penal Code 27875. Here are rules you need to know so that you do not break any laws.
- Nuclear Family from parent to child or child to parent (a legally adopted child is allowed) (Penal Code 16720)
- Grandparents to Grandchild is ALLOWED.
- Unfortunately, transfers amongst sibling and step children or step-parents are not allowed.
- The recipient and the donor of the firearm must be both California residents.
- Family members involved must be 18 y/o or older.
- The recipient must have firearm safety certificate (FSC) prior to receiving the firearm. You can get FSC at any gun store.
- The recipient cannot be a prohibited individual. Meaning, they must not have criminal records.
- The firearm must not be defined as an “assault weapon” under California law.
- If you are taking advantage of this regulation, you must know that the donor can only have up to 6 transaction per year (Penal Code Section 16730).
- And transfer up to 50 firearms per year.
- The term “transaction” is defined as one single sale or one transfer (a transfer can be 1 to 50 firearms per transfer).
Lastly, lets discuss partnership in bonding.
Married or Domestic Partners are mentioned in Penal Code section 16990 section (G) covers the “transmutation of property” this is written in California Family Code Section 850.
A spouse or domestic partner can gift a firearm to their partners by way of “transmutation of property” and operation of law without using FFL dealer San Jose or anywhere in California. Furthermore, ARTICLE 1 penal code 26500 through 26590 list all of transfers that does not require FFL dealers. What we are specifically interested in is Penal Code 26500 Section (A) A person acting pursuant to operation of law.
Intra-State familial transfer, like I said, does not require FFL dealers San Jose. What’s awesome about this type of transfer is that it doesn’t have to follow the rules and regulations that FFL dealers must follow. What are these rules that you’re exempted from following while transferring to family members?
1 handgun in 30 days
- Typically, anyone purchasing a firearm, is limited to one handgun per 30 days.
- Starting July 1, 2021, this 1 in 30 will include semi-automatic centerfire rifles.
- Thank goodness you do not have to follow this reg. Be aware that other FFL dealers will tell you that you’re wrong if you mention that you're exempted from this rule but trust me, you are. I can’t find the specific regulation but BOF Form 4544A states “B. Firearm(s)Information (To report additional firearm(s) copy and attach additional applications)” and if it wasn’t allowed, then that means you’ll be paying $19 for each firearm. Furthermore, if you were not exempted from this rule, and God forbid, one of your parents died who happens to have twenty-four firearms. Then it will take you over two years and cost you $456 to report it if you weren’t exempted from this specific regulation.
- 10-day waiting period.
- Which means the FFL dealer San Jose or any FFL in California will hold your firearm for 10 days before you can have possession of your toy. However, not with this type of transfer.
- 18 through 20-year-old individuals can legally possess the firearm unlike traditional firearm transfers.
- In the State of California, you must be 21 years of age to legally possess a handgun which is mentions in penal code section 27510
- The gifted Firearm can be “off roster” such as Glock 17 gen 5. Glock Gen 4 and 5 are just two examples of the hundreds of guns that we can’t buy here in California since they are off roster handgun meaning you cannot buy it brand new since the State of California passed microstamping laws for newly made guns in 2007 and took effect in 2013 with the approval of then Attorney General Kamala Harris. Any handgun made after 2013 is deemed unsafe and cannot be sold in the State of California if it is not microstamped. I do digress!
If you meet these requirements, under Penal Code 27875(a)(3) you must report the transfer within 30 days directly to the California DOJ by filling out an application called BUREAU OF FIREARMS Form 4544A and also called Report of Operation of Law or Intra-Familial Firearm Transaction All of the instructions are included in the application for you to follow.
Your cost will be $19 and your time.
Alternatively, you can create an account with California Firearms Application Reporting System (also known as CFARS) and you can report it electronically. I will not go over that since filling out the form is the easiest in my opinion.
The Work Around:
A little bonus section: Since siblings and step kids or step parents are not included in this sweet deal, here are legal ways to make this work. If two siblings want to gift another sibling a firearm then they can transfer the gun to one of their parents, then the parent can then gift the gun to the other child. This should work also with step children too. For example, if a generous step father wants to gift his step son a firearm. All he has to do is gift the gun to his wife by way of “transmutation of property” who then can gift the firearm to her biological child. Everyone involve must be a resident of California to avoid using FFL dealer San Jose or any FFL in California.
If you want me to cover interstate familial transfer which has a few similar benefits, then hit the thumbs up and subscribe so you receive notification when I create and upload that video.
That’s about it. Simple and easy-peasy transfer.
Thank you. My name is Mike your local FFL dealer San Jose.