JurisdictionCaliforniaCode PENPenal Code - PEN
Div.6.
Title4.
Part 6.DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS
Ch. 4.CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms
Art. 6.ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction
(a)Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1)The transfer is infrequent, as defined in Section 16730.
(2)The transfer is between members of the same immediate family.
(3)Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a
description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format pres
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(a)
Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1)
The transfer is infrequent, as defined in Section 16730.
(2)
The transfer is between members of the same immediate family.
(3)
Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a
description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4)
Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5)
The person receiving the firearm is 18 years of age or older.
(b)
Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)
The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.
(2)
The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3)
The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4)
The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5)
Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of
Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(c)
Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in this section is punishable as a misdemeanor.
(d)
The department shall establish a fee for submission of the report described in this section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the
report submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs.
(e)
The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited.
(f)
Upon receipt of a report submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.