[Huskermania]

Hi all,

Great to be here, this site is great, just joined up. I have a quick question (I hope this is the right part of the forum to post this) I'm hoping someone can answer, trying to find out this info on other websites has been very trying even the DOJ website. My brother who lives in Nebraska (I live in California) is giving me his 9mm HK usp Handgun as a gift. (Both of us have clean records, no issue there) My friend and his brother-in-law (who is a Riverside County Deputy Sheriff) are bringing the handgun back for me after their hunting trip in Nebraska. Does anyone know the exact procedure for how to register the handgun once I have it in California? I have browsed through the forum topics here and used the search feature, but couldn't find anything at all that is similar to my situation.

Thanks in advance for your help.

 

[Darkstar888]

In order to own it it will need to be transferred to you even if it's a gift. You will need to take a handgun safety class and get a certificate. As well as complete a safety demonstration. Obviously to carry it you will need to obtain a CCW license. Here is the law around that.

Generally, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer under the Dealer’s Record of Sale (DROS) process. California law imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, a person must be at least 21 years of age. As part of the DROS process, the purchaser must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles (DMV)

Purchasers of handguns must provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification), and either (1) possess a Handgun Safety Certificate (HSC) plus successfully complete a safety demonstration with their recently purchased handgun or (2) qualify for an HSC exemption.
https://oag.ca.gov/firearms/pubfaqs#3

 

[Huskermania]

Thanks for the quick response Darkstar888, I appreciate it

 

[bastardsonofelvis]

Alternatively, you could just give CA and all it's F'd up laws the finger.

 

[Darkstar888]

Alternatively, you could just give CA and all it's F'd up laws the finger.

That may be a bit of an issue should he ever need to use it to defend his life.

 

[SEAINC]

Op, I believe Intra-family transfer does not apply to brothers. Better check Calguns.net for clearfication.

See this thread http://www.calguns.net/calgunforum/showthread.php?t=1058641

 

[bastardsonofelvis]

That may be a bit of an issue should he ever need to use it to defend his life.

Ha...they'd crucify him either way.

 

[Darkstar888]

Op, I believe Intra-family transfer does not apply to brothers. Better check Calguns.net for clearfication.

See this thread http://www.calguns.net/calgunforum/showthread.php?t=1058641

It does not unfortunately.

The transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. The exemption does not apply to step-children/step-parents, brothers, sisters, aunts, uncles, or cousins.

If the firearm is a handgun, the recipient must obtain a Handgun Safety Certificate prior to taking possession and must also submit a Report of Operation of Law or Intra-Familial Handgun Transaction and $19 fee to the DOJ within 30 days after taking possession.

 

[Darkstar888]

Btw. Very cool of him to GIVE you such a fine firearm. Doesn't get much better than a free USP!

 

[dthacker]

One thing to not overlook is whether or not it's on the handgun roster, since you are related as brothers you cannot do an intrafamily transfer which is exempt from the roster. There are at least 9 trigger/safety variations of the USP 9mm and then there's FS or Compact, all black or Stainless etc. Only 3 9mm USPs are on the roster: the FS USP 9mm V1, Comp USP 9mm V1 (both black & SS). As long as it's one of those 3 models you should be fine, also in all standard Private Party Transfers I've been involved in in CA both the buyer and seller are required to be in person to execute the paperwork at FFL. There are ways around it, but not ever FFL in CA will work with you. If it's off roster but your Parents live in CA your brother can Gift it to one of them via Intrafamilial Transfer ($20 and an online form, no FFL required) and they could then execute the same style gift/transfer to yourself.

 

[AGG]

Welcome to the site, and congratulations on the gift!!! :biggrin:

Tony

 

[Huskermania]

Thanks for all the help everybody, I just finally got through the Peoples Republic of California Bureau of Firearms (lol) and was told like you all said, that brothers can't gift to brothers only siblings to parents or vice versa...sigh...oh well, so I was told I had to have the gun shop in Nebraska ship the handgun to a gun shop in California which it seems will be no problem (thank the lord). Of course I do have to wait the required 10 days and take the silly commonsense gun safety test required by California. I have been shooting guns my whole life, from hunting with my grandpa in Nebraska, to shooting many weapons in the Marine Corp and then being with L.A. County sheriff for 10 years, but I suppose its a good idea to weed out the idiots, because if someone can't pass that easy test they most likely shouldn't own or shoot a weapon hehe. Yea my brother is very nice to give me his HK and I appreciate it, I will have to do something very nice for him like buy him 10 steak dinners or more haha.

Again thanks for all the help and the fast responses, you all are great, I feel like I'm in Nebraska again with the neighborly help and Comradery.

 

[Phuam]

Don't know if you're actually LEO, because you could've been with the sheriff's department in a non-LEO capacity, but there are perks to being LEO in California. You can leverage your department status to get off-roster guns, with approval from higher-ups. Lots of cops (both 2A-friendly and anti-2a alike) are using this to acquire rare guns, and then, way down the line (to avoid DOJ suspicion of straw purchases), flipping them for a hefty return. Thus, the California off-roster premium.

Out-of-state transfers entails a fee at the FFL level.

Get your ammo while you can!!!