Question regarding gifting a handgun in CA

Discussion in 'General Handgun Discussion' started by Michael421, Jan 7, 2011.

  1. Michael421

    Michael421 New Member

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    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
     
  2. danf_fl

    danf_fl Retired Supporter

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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.
     

  3. Squirrel_Slayer

    Squirrel_Slayer New Member

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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.
     
  4. orangello

    orangello New Member

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    Maybe your father could just let you borrow one when you need it to save some hassle.
     
  5. canebrake

    canebrake New Member

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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!
     
  6. Squirrel_Slayer

    Squirrel_Slayer New Member

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    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.
     
  7. danf_fl

    danf_fl Retired Supporter

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    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.
     
  8. canebrake

    canebrake New Member

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    The Fed will always trump state.

    And I don't appreciate being called foolish while doing my job by protecting OUR forum.
     
  9. cpttango30

    cpttango30 New Member

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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.
     
    Last edited: Jan 7, 2011
  10. Squirrel_Slayer

    Squirrel_Slayer New Member

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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.
     
  11. jpattersonnh

    jpattersonnh Active Member

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    All this for a first post. You guys usually ignore such threads. That would have been a smart thing here as all of you are a + here. Very disappointing. I love you guys, OK I'd rather see some tits!!! Not yours and not Nancy's, well Nancy's over yours... Now I really have the willies!!! WTF is my wife getting home??
     
    Last edited: Jan 7, 2011
  12. Squirrel_Slayer

    Squirrel_Slayer New Member

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    Stop it, you're disturbing me.
     
  13. Michael421

    Michael421 New Member

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    Thanks for the help. I think I'm going to contact the DOJ and hopefully get an official answer. I'd love to have a handgun for my birthday, but if worst comes to worst, I don't really have a problem settling on another rifle or perhaps a shotgun..
     
  14. cpttango30

    cpttango30 New Member

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    OH good lord. Why do people always have to go draw attention to themselves for this kind of thing? I got my first pistol when I was 15. It was a Smith K-22.

    This is how we did it (IN CA THANK YOU).

    My dad bought it in southern CA brought it home we shot it I loved it he didn't like it that much. That was November. Christmas morning came and it was wrapped up in a box with the gun rug and ammo. End of story it was mine from then on. I even took it to a different state OMG :eek:

    How hard is it really. What they don't know won't hurt them.
     
  15. WDB

    WDB New Member

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    Yep the best advice available here.
     
  16. billdeserthills

    billdeserthills New Member

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  17. Michael421

    Michael421 New Member

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    Okay, I really don't understand why people think I'm trying to "draw attention" to myself. I'm trying to make sure I don't break any laws and get in trouble. Sure my dad could just buy a gun and give it to me, but God forbid I run into that one hardass before I'm 21 and he wonders why the hell I have a handgun. Next thing I know, my dad is in prison for buying for someone who is under the legal age, and who knows what trouble I'm in.

    As for the "legal advice," it's not like I'm gonna take this information as the absolute truth. I just figured if I asked a simple question, and the majority of replies were from people saying it was fine and they did it, then I'd have a good chance myself.

    Thanks again to those who helped. The rest of you made an amazing first impression of this forum. I ask a simple question and in less than 15 posts, get called names, insulted, and somehow the discussion turns to politics.
     
  18. canebrake

    canebrake New Member

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    I didn't realize dope was covered by the Federal Firearm Laws.

    I bow to your superior knowledge.
     
  19. canebrake

    canebrake New Member

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    Wanta' bet they say "I don't know, why don't you call the BATFE?"
     
  20. orangello

    orangello New Member

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    What can i say, it's a gift. ;)