Introduction
Transferring a firearm between immediate family members in California, known as an intrafamilial firearm transaction, is governed by strict state laws to ensure safety and legality. This article provides a step-by-step guide to completing an intrafamilial transfer, defines the process using statutory language, distinguishes it from operation of law transfers, and explains how The Davis Law Firm can assist in navigating this process.
Definitions and Distinctions
Intrafamilial Firearm Transaction
An intrafamilial firearm transaction is the transfer of a firearm between immediate family members during the lifetime of the transferor, such as by gift or sale. According to California Penal Code section 27875, it is defined as:
“The transfer of a firearm between a person and his or her parent, grandparent, spouse, registered domestic partner, or adult child or grandchild, provided that the person receiving the firearm is 18 years of age or older and is not prohibited by state or federal law from possessing a firearm.”
This transaction is exempt from the requirement to use a licensed firearms dealer (FFL) under specific conditions, such as the transfer being infrequent and the recipient being eligible to possess firearms.
Operation of Law Transfer
An operation of law transfer occurs upon the death of a firearm owner, transferring the firearm to an heir through inheritance. California Penal Code section 27920 defines it as:
“The infrequent transfer of a firearm that is not an assault weapon by gift, bequest, intestate succession, or other means from one individual to another, provided that the person receiving the firearm is 18 years of age or older and is not prohibited by state or federal law from possessing a firearm.”
This applies to estate distributions via a will or intestate succession and is also exempt from FFL involvement under certain conditions.
Key Differences
- Timing and Context: Intrafamilial transfers occur during the transferor’s lifetime (e.g., gifting a firearm to a child), while operation of law transfers happen after the owner’s death as part of inheritance.
- Scope of Relationship: Intrafamilial transfers are limited to immediate family (parent, grandparent, spouse, domestic partner, adult child, or grandchild), whereas operation of law transfers may involve any eligible heir, not necessarily immediate family.
- Purpose: Intrafamilial transfers can be for any purpose (e.g., gift, sale), while operation of law transfers are specifically tied to instrumental transfers such as estate settlement and trusts.
Step-by-Step Process for Intrafamilial Firearm Transfers
- Determine Eligibility for Exemption:
- Confirm the transfer is between immediate family members (parent, grandparent, spouse, registered domestic partner, adult child, or grandchild).
- Ensure the recipient is at least 18 years old and not prohibited from possessing firearms under state or federal law (e.g., no felony convictions, restraining orders, or mental health prohibitions). Prohibited categories are listed in the California Department of Justice’s Firearm Prohibiting Categories.
- Verify the transfer is “infrequent” (fewer than six transactions per year or occasional for non-handguns) and the firearm is not an assault weapon.
- Confirm both parties are California residents, as out-of-state transfers may require additional steps.
- Obtain a Firearm Safety Certificate (FSC):
- The recipient must possess a valid FSC before taking possession of the firearm. For handguns, an unexpired Handgun Safety Certificate may suffice.
- The FSC ensures the recipient is trained in firearm safety, a mandatory requirement for legal ownership in California.
- Transfer Possession:
- The transferor (e.g., parent or spouse) directly hands over the firearm to the eligible recipient once the FSC and eligibility are confirmed. This step does not require an FFL for intrafamilial transfers meeting exemption criteria.
- File the Intrafamilial Transaction Report:
- Within 30 days of the transfer, the recipient must submit the Report of Operation of Law or Intra-Familial Firearm Transaction (Form BOF 4544A) to the California Department of Justice. The form, available at Form BOF 4544A, requires:
- A $19 processing fee (check or money order).
- A copy of the recipient’s California driver’s license or ID card.
- Proof of lawful presence if “FEDERAL LIMITS APPLY” (e.g., U.S. passport, certified birth certificate).
- Certified documents for name changes (e.g., marriage certificate, adoption papers).
- Military personnel must include permanent duty station orders indicating a California station.
- The form cannot be used to report assault weapons, and additional forms are needed for more than two firearms.
- Electronic submission is available via the California Firearms Application Reporting System (CFARS).
- Handle Special Cases:
- Assault Weapons: Per Penal Code sections 30510–30530, assault weapons cannot be transferred intrafamilially. They must be removed from California, sold to an FFL, rendered inoperable, rendered non-assault weapons, or turned over to law enforcement within 90 days.
- Antique Firearms: Firearms manufactured before 1899, not designed for rimfire or centerfire ammunition, or using obsolete ammunition, require a California Certificate of Eligibility and registration with the DOJ since 2014.
- Handguns: If the transferor acquired the handgun before 1990 and it was never registered, additional documentation may be required to establish ownership.
- Non-Exempt Transfers:
- If the transfer does not meet intrafamilial exemption criteria (e.g., between siblings or involving an assault weapon), it must go through an FFL, requiring a background check, 10-day waiting period, and registration.
Legal and Safety Considerations
Failure to file the required report within 30 days or comply with other regulations can result in fines, misdemeanor charges, or jail time. Both parties should verify the firearm’s registration status and ensure it is not an assault weapon to avoid legal complications. For complex cases, such as transfers involving National Firearms Act (NFA) Title II firearms (e.g., short-barrel firearms, suppressors, machine guns), legal consultation is critical to avoid liability.
How The Davis Law Firm Can Help
Navigating the legal intricacies of an intrafamilial firearm transfer in California can be challenging, with strict requirements and potential pitfalls. The Davis Law Firm, led by experienced attorney Jason Davis, specializes in firearms law, offering expert guidance to ensure compliance and a smooth transfer process.
- Expert Guidance: The Davis Law Firm provides personalized advice on eligibility, documentation, and compliance with California’s firearm laws, reducing the risk of errors.
- Streamlined Reporting: The firm assists with preparing and submitting Form BOF 4544A, ensuring all required documents are complete and submitted on time.
- Specialized Knowledge: For complex cases, such as antique firearms or non-exempt transfers, The Davis Law Firm offers tailored solutions to meet legal requirements.
- Preventative Planning: The firm can advise on structuring future transfers to minimize legal hurdles for family members.
Ensure your intrafamilial firearm transfer is legal and hassle-free. Contact The Davis Law Firm today for expert assistance. Visit www.CalGunLawyers.com, e-mail [email protected], or call (866) 545-GUNS to schedule a consultation with Jason Davis and safeguard your transfer process.
Conclusion
Intrafamilial firearm transfers in California offer a streamlined way to gift or sell firearms between immediate family members, but strict compliance with state laws is essential. By understanding the distinction from operation of law transfers and following the outlined steps, families can ensure a legal and safe transfer. With the expert support of The Davis Law Firm and attorney Jason Davis, you can navigate this process with confidence and peace of mind.
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