How to transfer a gun to someone in California?
Overview of Gun Transfer Requirements
In California, transfer of a gun is not as simple as just gifting or selling it. The state has strict guidelines and regulations that need to be followed. If a resident wants to transfer their gun to someone else in California, they need to understand the requirements and process set forth by the state legislature. In this article, we will walk you through the steps involved in gun transfer in California.
What is Required for a Legal Gun Transfer in California?
To legally transfer a gun in California, one must meet certain requirements laid down by the state:
- Must be at least 21 years old or older: This is in compliance with the California Handgun Safety Act (§ 32000 et. seq.).
- Must be a resident: The transferee (buying party) must possess a valid California identification showing residency.
- Federal Firearm License (FFL): A law enforcement agency (LE) or a Federal Firearms Dealer (FFL) issues the transferee a buyer’s permit.
Important Notes:
- This article is meant for instructional purposes only. Always stay up-to-date with current regulations.
- Never provide wrong or incomplete information when transfering a gun.
Gun Transfer Paths (Borrowed, Selling, or Gift)
There are three different ways to transfer a gun in California:
- Borrowed Transaction: A borrowed transaction for a gun requires an open-ended agreement (Form DO NOT COPY 540E), signed by the gun owner (seller) and authorized transferee.
Selling a gun: When selling a firearm, the process is longer and more detailed, whereas when gifting or pledging, you should inform the recipient in advance:
- Create a 4473 (Federal Long Gun and Framed Receipt Form) filled with firearm information and other personal data at the point of transfer of ownership.
- FFL must validate and update records within 14 weeks of transfer (Form F 4473); in the absence of receipt of this report, transfer is nullified as a criminal activity unless there is clear proof a licensed FFL took record-keeping custody.
In terms of buy-back centers (state, municipalities, or cities): Gun transfer at the gunsmith store is recommended; then gun dealer registration under section 309 provides record maintenance, including updates, while transfer of guns by an individual does require tracking by FFL for public record-keepingAdditional information: Gifting a firearm to close relatives or transfer within registered entities
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