Question regarding gifting a handgun in CA
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Old 01-07-2011, 09:12 PM   #1
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Default Question regarding gifting a handgun in CA

Hello everyone. First of all, I'm new here, so hi!

I have a question that I can't seem to find an answer to. What are the laws regarding gifting a handgun to someone who is over 18, but not 21 in California? The person giving the gift is over 21, and legally able to buy a handgun.

I know the law states that you have to be 21+ to purchase or transfer a handgun, but I'm unclear on how it deals with gifting. I have seen everything from "it's completely legal and fine," to one article saying you could be given a handgun under 16 as long as your parent "gave you permission." I even called one store and asked the person who answered, he was unsure, but didn't think so, and when he asked someone else there, they practically screamed "absolutely not," like they had some personal vendetta against under-21 handgun ownership...

I'm turning 18 this April, and my father who is into guns really wants to get me a handgun. I have been shooting since I was 9 and love pretty much anything to do with guns.

Any and all help will be greatly appreciated, as I'd love to own a handgun earlier than three years from now.

Thanks,
Michael

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Old 01-07-2011, 09:16 PM   #2
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Not just in CA, but you may also want to check Federal. BATF web site has a FAQ and guidelines on who can own a handgun. Google or Bing the BATF.

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Old 01-07-2011, 09:40 PM   #3
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In the state of California it is legal for a parent or grandparent to gift a handgun to their children or grand children. You may want to contact the DOJ to verify any age restrictions though. The pistol will not have to be surrendered to an FFL, but you will have to register the weapon in your name with the DOJ within 30 days of you receiving the pistol.

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Old 01-07-2011, 10:09 PM   #4
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Maybe your father could just let you borrow one when you need it to save some hassle.

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Old 01-07-2011, 10:18 PM   #5
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Only a fool would seek legal advice from a public forum and has a fool for his counselor.

The only thing more stupid than sourcing legal advice from a public forum is providing said advice!

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Old 01-07-2011, 10:23 PM   #6
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Quote:
Originally Posted by canebrake View Post
Only a fool would seek legal advice from a public forum and has a fool for his counselor.

The only thing more stupid than sourcing legal advice from a public forum is providing said advice!
It's rather foolish to jump to conclusions and assume the residents of the state who own guns don't know the laws, and cast these forum members off as foolish.

Regardless, the young man and his father are going to have to contact the Department of Justice and they will be able to clarify any questions they may have and take care of the registration of the firearm.
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Old 01-07-2011, 10:27 PM   #7
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Quote:
Originally Posted by Squirrel_Slayer View Post
It's rather foolish to jump to conclusions and assume the residents of the state who own guns don't know the laws, and cast these forum members off as foolish.

Regardless, the young man and his father are going to have to contact the Department of Justice and they will be able to clarify any questions they may have and take care of the registration of the firearm.
Squirrel, Cane does have a valid point. I (and others) try to stay out of legal areas. A public forum is not the place to ask for legal advice.
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Old 01-07-2011, 10:33 PM   #8
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Quote:
Originally Posted by Squirrel_Slayer View Post
It's rather foolish to jump to conclusions and assume the residents of the state who own guns don't know the laws, and cast these forum members off as foolish.

Regardless, the young man and his father are going to have to contact the Department of Justice and they will be able to clarify any questions they may have and take care of the registration of the firearm.
The Fed will always trump state.

And I don't appreciate being called foolish while doing my job by protecting OUR forum.
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Old 01-07-2011, 10:43 PM   #9
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You have to be 21 to own a pistol. So if your under 21 you can't own or be gifted a pistol.

First thing to do is NOT GO AROUND TALKING ABOUT IT.

Second thing just have him give you the dagum gun. Who the hell is going to know except you and him. AGAIN SEE ABOVE.

This is coming from a guy who grew up in CA from 1976 to 1996.

Kind of like killing the pesky neighbors dog for crappin in your yard. Shoot shovel and shut the hell up.

Also Squirrel Cane is right.

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Old 01-07-2011, 10:44 PM   #10
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I don't appreciate being called a fool for advising someone to contact the California DOJ, but it's a moot point, and I think we should just squash this. Was just trying to help someone out, and that's what I thought the forum was all about. This is a process I have had to go through before, the transfer of a firearm from a family member, although I was over twenty one when it occured. I thought that I may have some insight. My apologies Cane if I hit a nerve.

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