Legal Question in Criminal Law in California
My name is Conrad Reisch i live in California. My father is in prison and no longer will be able to own fire arms when he is done serving his time. i would like to take over ownership of his hand guns. What do I have to do to get the hand guns registered under my name and ou of my father's? Can I do this while he is in prison? And I do have access to the hand guns.
2 Answers from Attorneys
Yes, you can do this while he is in prison. You can research this at the website for the Department of Justice http://ag.ca.gov/firearms/infobuls/0304.pdf#xml=http://search.doj.ca.gov:8004/AGSearch/isysquery/9b880f8b-9778-47d6-b6a8-90adf87491d9/9/hilite/.
He can transfer them, providing the transfer is to a person's parent, child, grandparent or grandchild who is not a person prohibited from possessing firearms, and the firearms being transferred is a rifle or a shotgun. There is no waiting period and in this case, no forms are required to be filed with the State Department of Justice.
However, if the transfer of a firearms is from one spouse to the other, or if the firearm is a handgun, there is no waiting period, but a report of the transfer must be mailed to the Department of Justice within 30 days using forms which can be obtained by contacting the department (916) 227-3703. If the firearm is a handgun, the person taking title must first obtain a "Basic Firearm Safety Certificate". This also applies to gifts, bequests, and inheritances. There is no exemption from the waiting period or the "through dealer" transaction requirement for transfers between siblings; aunts, uncles, or friends. Handguns that are classified as curio/relics are subject to the same handgun provisions as described above. Antique firearms are not subject to any waiting period or requirement to file forms. An "assault weapon" cannot legally be transferred, except between spouses or to a child and then only if the firearm was originally registered in both their names under the family joint registration provision of Penal Code Section 12285(e).
If you need legal help in this, feel free to contact me.
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