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Federal and State Criteria Regarding Transfer of Firearms
Federal law with respect to transfer of firearms is coextensive with each individual state’s laws. Therefore, a violation of California law is also a violation of federal law and vice versa.
General Criteria for Transferring Ownership of a Firearm
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code §12071 to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan, or transfer is completed through a licensed dealer or law enforcement agency (Penal Code §§12071, 12072, 12082, and 12084).
Exceptions:
- Firearms obtained by individuals through operation of law, such as:
a. The Executor, Administrator, or Conservator of an estate.
b. A surviving spouse.
c. A transfer of property between spouses.
2. Firearms obtained through in testate succession or by request.
3. Sales or transfers between immediate family members, defined as parent and child, grandparent and grandchild (Penal Code §12078).
If the above-mentioned exempt transferee is the recipient of a long gun (rifle or shotgun), the transferee may take possession immediately with no further requirements.
However, if an exempt transferee receives a handgun and the transfer is one between spouses, or is a sale or transfer between immediate family members, the transferee must obtain a basic Firearm and Safety Certificate prior to taking possession of the firearm.
If the transferee has prior military service or a hunting license, whether valid or expired, that transferee is not required to obtain a basic Firearm and Safety Certificate.
Additionally, if an individual receives a handgun by operation of law, he must report the transfer directly to the California Department of Justice (CDOJ) within 30 days of receiving the handgun. CDOJ will then send an Operation of Law form, which the transferee must return to CDOJ, along with a fee proscribed by CDOJ. This process takes approximately one month.
Specific Criteria for Transferring Rifles/Shotguns
1. Transferee must complete CDROS form and submit to background check conducted by CDOJ.
2. Fifteen-day waiting period for rifles/shotguns
Federal and State law require a 15-day waiting period during which the background check is conducted.
3. If the background check has been successfully completed, the transferee must then complete Federal Form 4473, a copy of which remains available for audit at the dealer’s office.
Exception: Inter-family transfers. Transfers of ANY firearms to a family member within the second degree (see Table of Consanguinity) are exempt from the CDROS and Federal Form 4473 requirements.
Note: Transfers to siblings are not exempt as family transfers (Penal Code §12078). Siblings must complete CDROS and Federal Form 4473 requirements.
4. Collector’s Item
Firearms determined by federal criteria as 50 years or older, DO NOT require the CDROS form, but DO require Federal Form 4473.
5. Curio Relic Firearms
Firearms specifically named by the ATF as a Curio Relic Firearm, DO NOT require the CDROS form, but DO require the Federal Form 4473.
Specific Criteria for Transferring Handguns
1. Transferee receives basic Firearms Safety Certificate Workbook from the dealer, studies it, and takes the objective test proctored by the dealer. If the transferee passes the test, he/she may proceed with the transfer. If he/she does not pass the test, he/she may retake it again.
2. Transfer must complete CDROS form and submit to background check.
3. Twenty-day Waiting Period for Handguns
Federal and State law require a 20-day waiting period during which a background check is conducted.
4. After the background check has been successfully completed, the transferee must fill out Federal Form 4473, a copy of which remains available for audit at the dealer’s office.
5. If applicable, and with 30 days of taking possession of the firearm, the transferee completes the Operation of Law form and returns it to CDOJ with the proscribed fee.
6. All transfers of handguns require the completion of CDROS and Federal Form 4473.
Exception: Inter-family transfer. Transfers of ANY firearms to a family member within the second degree are exempt from the CDROS and Federal Form 4473 (see Table of Consanguinity).
Note: Transfers to sibling. Transfers to siblings are NOT EXEMPT as family members. Transferee must complete CDROS form and Federal Form 4473 with regard to all such transfers.
7. Handguns are never considered relics or collector’s items; all are subject to these regulations.
Criteria Regarding Transfer of Firearms 8/17/2010
Resource provided by Madera County Office of the Public Guardian
