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Recieving a shotgun as a "Gift"


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#1 Rendition

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Posted 07 March 2012 - 01:50 PM

I recently got my hunting license and my cousin wants to gift me a shotgun. I am 27, no felonies, not insane, I can legally purchase and own a firearm.Can I just go and pick it up or do I need to do some type of paperwork or something?

#2 mtn dog

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Posted 07 March 2012 - 02:02 PM

I think you'll find your answer here. It is still a 'transfer' of a firearm, even though it a gift between cousins. http://oag.ca.gov/firearms/pubfaqs#14

#3 Rendition

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Posted 07 March 2012 - 02:29 PM

Quote: "Firearms dealers are required to process private party transfers upon request"and "Firearm sales must be conducted through a fully licensed California firearms dealer"From what I read, this is not a sale, and I doubt we will be "requesting" a dealer to process a transfer. So it should all be good?

#4 Rendition

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Posted 07 March 2012 - 02:57 PM

Thank you Mtn Dog, but I guess I was able to answer my own question but Ill put this up for reference for anyone who has the same type of question:CHAPTER 4. CRIMES RELATING TO SALE, LEASE, OR TRANSFER OF FIREARMSArticle 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction ....... 27850-2796627870. Section 27545 does not apply to the transfer of a firearm,other than a handgun, by gift, bequest, intestate succession, orother means from one individual to another, if both of the followingrequirements 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 c. This section shall remain in effect only until January 1,2014, and as of that date is repealed, unless a later enactedstatute, that is enacted before January 1, 2014, deletes or extendsthat date.

#5 ShooterJohn

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Posted 07 March 2012 - 03:00 PM

Sorry but a cousin is not an immediate family member that would be a parent to child. A first cousin is an extended family member so you would need to have a gun shop do the transfer.

#6 Rendition

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Posted 07 March 2012 - 03:08 PM

I understand that. Thank you though.This raises another question, since shotguns don't have to be registered, what happens if I am out driving with it unloaded in the trunk, get pulled over and I declare I am traveling with it for the purpose of hunting. Are they going to sit there and ask, where I got it, and if I used a dealer? What if I just say I inherited it from my dead grandfather, which is really where my cousin got it, from the same grandfather.Or if I have to use it in self defense at home, they see it was purchased by so and so and now I have it, what then?There is no paper trail on it except maybe for where ever my grandfather puchased it. Which I think was from mexico. I don't think there is any paper trail on it at all actually.

#7 Rendition

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Posted 07 March 2012 - 03:14 PM

also, lol, what if he hands it to my grandmother then she hands it to me? lol Completely legal?and thank you for having patience. I just want to make sure I recieve this legally and without having to go through a dealer. I think what I just stated above would fully satisfy immediate family transfer correct?

#8 .22guy

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Posted 07 March 2012 - 03:16 PM

Quote: "Firearms dealers are required to process private party transfers upon request"and "Firearm sales must be conducted through a fully licensed California firearms dealer"From what I read, this is not a sale, and I doubt we will be "requesting" a dealer to process a transfer. So it should all be good?

To be legal, you need to take this shotgun to an FFL dealer, fill out the DROS form, pay $35, and wait 10 days to pick it up.

#9 Rendition

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Posted 07 March 2012 - 03:26 PM

http://oag.ca.gov/firearms/pubfaqs#5taken from that page, Can I give a firearm to my adult child? Can he/she give it back to me later? Yes, as long as the adult child receiving the firearm is not in a prohibited category, pdf and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. Wouldn't this back up my previous post though?

#10 dabob

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Posted 07 March 2012 - 03:30 PM

If your grandmother gave it to your mom or dad and they gave it to you, you are legal.

#11 Rendition

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Posted 07 March 2012 - 03:33 PM

Thank you




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