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Firearm Familial Transfer both in California

09/29/2024

In California, a **firearm familial transfer** refers to the transfer of a firearm between immediate family members without the need for a licensed firearms dealer (FFL) to conduct the transaction. However, this process must still comply with state laws, and there are specific guidelines that need to be followed.

### Key points for a familial transfer of firearms in California:
1. **Who qualifies as family?**
- Immediate family members include parent and child, grandparent and grandchild. Siblings, cousins, aunts, uncles, and other relatives are not included in this definition.

2. **Handguns vs. Long Guns**
- If the transfer involves a **handgun**, the recipient must register the firearm with the California Department of Justice (DOJ) by submitting a form called the **Operation of Law or Intra-Familial Handgun Transaction Report** (BOF 4544A). A fee is also required.
- **Long guns** (such as rifles or shotguns) do not require immediate registration unless the law changes, but the transferee must still be legally eligible to own the firearm.

3. **Firearm Safety Certificate (FSC)**
- The transferee must have a valid **Firearm Safety Certificate (FSC)** unless they are exempt, such as law enforcement officers or active military personnel.

4. **Eligibility Requirements**
- The recipient must be legally allowed to own a firearm in California, which means they must pass a background check and not be prohibited from firearm possession due to factors like criminal history or mental health restrictions.

5. **No Personal Firearms Importer Process**
- If the firearm is coming from out of state, the firearm must be transferred through a California-licensed dealer, even if it's a familial transfer.

6. **Assault Weapons**
- Assault weapons and other prohibited firearms cannot be transferred even within a family, as California has strict regulations on these types of firearms.

Although no background check is required between immediate family members for in-state transfers, you still need to ensure all legal obligations are met, including proper registration and obtaining the necessary safety certificates.

If you need more information or specific details, feel free to ask!

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