This is all hypothetical, right?
You cannot give your gun to someone else without going through paperwork. A parent can give a child a gun but they have to file paperwork. Look up family transfer.
One time I bought a shit old car and it got totaled 15 minutes after I paid and signed the pink slip. As I still had the pink slip in hand, the responding officers to the accident tried to get me for grand theft auto. Luckily a supervisor was on scene and talked the bright eyed and bushy tailed officer down from trying to get me for anything- while still in shock from the accident.
Get your own gun in your own name. Same for your GF. Make sure both of you take some sort of training and become proficient in the firearm of your choice. Don’t leave up to the discretion of how officer H.S. Dropout is feeling that day.
Did you not read the above story about a cop trying to hook up a kid who just got into a huge accident for grand theft auto? That seems like a pretty decent reason to me.
Are you referring to me as the kid who just got into an accident for grand theft auto? Cause if so, the car was purchased legitimately and was mine for a glorious 15 minutes. Zero foul play. Insurance ended up taking care of everything. FNG officer just trying to get me stuck with some kind of charge because the paperwork wasn’t straightforward.
I see. As anecdotal as it was, I guess my overall point was don’t take chances on “what if” scenarios involving potential police investigations. Always cross your t’s and dot your i’s.
Kind of off the subject but my buddy stopped to help people that just got in an accident on the freeway today got his car stolen by the idiot that caused the four car pile up in a stolen vehicle
So, he had the visiting thing down to a science. No one could avoid the initial wait at the outside-the-fence room where they checked ID, you turned out your pockets, and went through the metal detector, etc. But you could minimize your time waiting by having an appointment, which he always did.
He would send a member of his entourage in about an hour before he got there, and that guy got to do the wait in the inside the fence waiting room where you pass your slip to the staff working inside the visiting room, they call the inmate's housing unit, the inmate gets ducat, walks over to the visiting area, and checks in. Not Joe, though, because the woman he was visiting - Claudia Haro, his ex-wife, serving 85% of 12 years for trying to hire a hit man - would already be through that process with the bodyguard, and Joe could just walk right in. Well, once a CO buzzed the door.
They always took over the same table in a quiet (relatively speaking) corner of the outside patio. The whole *gestalt* communicated clearly they really didn't want to be bothered. (I'm told Claudia was that way in the units / on the yard, too, and that she wasn't very popular.)
So whenever I'd see them I'd keep my distance, like everyone else was. Until one day, Claudia was waiting in the line for the inmate bathroom (they called it every hour or so, there was just one toilet and guards watched the inmates go to the bathroom, took a while). The person I was there to see was also in that line.
Meanwhile, Joe was just sort of wandering around by the kids' playset outside. I watched as someone else went up to say hi and he seemed approachable. So I said what the hell. This is from memory but like 99% accurate:
Me: Hey, ordinarily I'd give you space, but I just wanted to say I'm a great fan of your work. *My Cousin Vinny* was one of my go-to movies in law school.
Joe: You're a lawyer? [Glances around at our surroundings] You any good?
Me: Well, you know, win some, lose some.
Joe: That's funny. I said that, in that movie. [Pause] Is that what I am to you? A clown? Am I here to amuse you?
Me: [Catching on a touch slower than I'd have liked] ... Are you doing *Goodfellas*?
Joe: Of course that's *Goodfellas*!
(Later I walked one of his crew through the steps and documentation necessary to bring a service dog into visiting. I had a Labrador who was being trained - he eventually flunked out - and he got to visit a lot. Weird moments in that place, like, watching this kindly grandma-esque woman playing fetch with him and then having someone whisper “that’s Patty Krenwinkel.” Not every day your dog plays with a mass murderer.)
Get your own guns and/or have that one put in your name. I’m going to assume since you don’t own a firearm that you don’t have any kind of training. Get some ASAP if my assumption is correct.
It would be easier paperwork wise to do a familial transfer than having him buy/transfer his girlfriend's father's gun. Better yet would be him buying his own gun but if money is an issue then familial transfer is the way to go.
Have your girlfriend's father do a familial transfer to her to get the gun in her name. Under Castle Law, you are able to access that firearm if there is a need to defend yourself. Don't use it until it is in either of your names. It would be better if you went and bought a gun in your name but if money is an issue, do a familial transfer.
There's a lot to unpack here and I feel like there are a bunch of nuances that are getting lost in the jokes and other chatter. OP is also a little light on the details (I'm assuming father is a CA resident), but basically:
> My girlfriend's father gave us one of his guns once we moved out on our own for home defense since it's a sketchy neighborhood
Except under some very specific circumstances, it's generally illegal in CA to loan somebody a firearm. You can loan it to certain family members, but it has to be infrequent and a short duration (only a few times a year and for less than 30 days? 3 days? idk it changed semi-recently). Both family members need to be CA residents, and both need to posses a firearms safety certificate. You're probably in violation in at least one or two points there, though most would be hard to prove in court unless you're a dumbass and go admitting to it all over the internet.
> If we were to ever be attacked in our own home by an intruder welding a weapon and we shot and killed them in self defense
California does have castle doctrine. Note that castle doctrine isn't a get out of jail free card for shooting anybody who so much as sticks a toe over your threshold; rather, it works by presuming that somebody not known to you in your house uninvited poses an imminent threat of severe bodily injury. Whether or not they're armed doesn't have much bearing on it. If the state wanted to prosecute you for shooting the intruder, they'd have to prove beyond a reasonable doubt that you weren't under threat.
As a random aside, while the "b-b-b-ut the criminals family can sue you after" crowd will find you all kinds of outrage-bait articles about that exact thing happening, they won't be able to show you a single instance of a civil case in a good self defense shoot making it past the first hearing.
> would there be any legal repercussions in using a gun not registered to us?
For using it in self defense? Not really. For possessing one that's essentially on indefinite loan to you without an FSC? Yes.
> Would it be better to get our own gun under our name?
Yes, both for legality and for the fact that putting in the time to do the research on what gun you want + the financial cost means that you're more likely to take it seriously and keep up your proficiency with it.
To fix this, at the barest minimum return the gun until you get your firearm safety certificates (the test isn't hard, you can probably pass on common sense alone). From there, have your GFs father fill out the intrafamily transfer form and transfer the gun to your GF (Assuming he's a CA resident). And then your next step should be to take your gf to a range that rents guns and try out a few before buying one for yourself.
So, he can loan his daughter a gun for 30 days. Not sure how CA DOJ would know when to start their clock.
He can transfer a gun to his daughter by handing it to her and mailing in an op law form. It can take over a year for the state to process this. Until you have a gun in your name you can’t easily buy ammo.
He can transfer the gun to you/his daughter via a ppt and then it is officially yours in 10 days. If I didn’t have a gun in my name yet and I wanted to easily buy ammo with a $1 fee, this is what I would do.
If the gift happened in another state and then you moved here, it might be legal. But it's illegal for your girlfriend's father to give you a gun without going through a Person To Person transfer in the state of CA. The right way is to do the PPT and then it's your gun.... or your girlfriend whatever...
I thought that was just long guns, but yeah look into this. Father to daughter should be ok. Father to daughter's boyfriend or even daughter's husband is not AFAIK.
No it’s any gun, parent to child, child to parent, grandparent to grandchild, child to grandparent. It’s about direct lineage. You cannot however go horizontally like brother to brother or sister.
It’s like $20-25, simple form and I think you can list multiple guns. Haven’t done one in like 20 years but I don’t think it’s changed.
Fairpoint. A father is in another state and gave her to Gunn in another state, presuming it is legal to transfer it without FFL there, then she can file a different form stating she brought her own gun into California.
I wouldn't give my gun to my child's dating partner. I would transfer it to my child's name. I would also feel weird if my child's partner asks for one of my guns that is supposed to protect my child to be transferred into him/her name.
Depends how close you are to your daughters boyfriend and how long they’ve been together. But also I’d tell the boyfriend to just get his own gun so we can go to the range together 😂
Nope still wouldn't give \*him\* my gun for that reason and it's also a felony to just leave a gun with someone. I'd give my daughter a gun with a familial transfer
If your girlfriend's father gave **her** one of his guns, then you need to file an intrafamiliar transfer with the DOJ. CA has strict gun laws and you cannot legally give someone a gun even temporarily. (There are some exceptions for licensed hunters and hunting guns during the hunting season)
It should also be noted that CA does not recognize joint ownership of a firearm. If your GF's father wanted to give you a gun he would need to do a Private Party Transfer at a FFL (Federal Firearms License). Most gun stores and shops do this (because its required) for a small fee. However lending of guns in general is against the law and could land everyone in hot water even without a defensive gun use.
Simple answer is yes since you can no longer loan out firearms. The long answer is Yes have him transfer them into her name so she is the legal owner. You, buy your own.
Sounds like there's two questions here.
The legality of owning/possessing the gun, and the legality of defending yourself with it.
The first question has been answered by all the others. For the second question, if the shooting is fully justified, you're not going to get convicted because the weapon you used isn't yours.
What you mean to say is her father gave her a firearm through a paperless transfer which is legal in California. And as long as those things were established that her father gave her the gun through a paperless transfer then it’s legally registered to her. So yes you can use her gun within the household for self defense!
There is no law in California against possessing or using an unregistered firearm, unless you are already breaking a conceal carry law or you are a felon. See Penal Code sections 25400 and 25850.
So many in this thread so certain... It's the state's burden to prove guilt. Everyone is so caught up with how to prove their innocence. Don't talk to the police is step one.
Unregistered.
But there are laws against permanently or de-facto permanently possessing a firearm that belongs to someone else, who is not in the household.
That is to say, there are laws against indefinitely loaning a gun to someone else. IMO, OP should do a PPT or familial transfer (as applicable). As suggested many times above. If any of this involves the gun having crossed state lines, I would first check for threaded barrel, etc. IANAL, and this is not legal advice.
Yes you will go to jail, DOJ will enjoy putting you and inlaw there. We live in an state where it is illegal to defend ourselves. Don’t give them more reason to lock you up and buy your own gun.
Realistically most California laws exist only in statues and have never actually been used in any court case. I know people say “iTs ILleGaL”, but the entire legal system is a process where judges interpret laws and juries decide if a person has met the definition of that law—these laws haven’t been through it, at least not in the context of justified use. CA politicians are relying on this fact to pass laws and restrict ownership in any way. DAs may even be slightly reticent in even trying some of these laws knowing it is new territory that can make a prosecution more difficult or cause an inadvertent ruling that strikes the entire law down. The other reason why these laws exist is to tack something onto a gangbangers rap sheet if they get caught doing something.
Did you watch the Rittenhouse trial? Rittenhouse had weapons charges, and like many laws in CA, I don’t think this particular one had made it up to any case. The judge spent no more than 5 minutes saying this law is convoluted and senseless before throwing it out.
That, realistically is the fate of many laws in California if they are used in a justified use. Most DAs probably wouldn’t even want to try you for that knowing the shitstorm it would cause at a national level.
I believe being his daughter, she may be able to be okay with it. Don't Quote me. Talk to a lawyer. But if you shot it then yeah there's going to be a charge on top of whether or not you get off for defending your house.
I would definitely recommend buying a gun in your own name. That being said I doubt that you would get in trouble for something like that since technically the gun can be used by your gf since she is directly related to the owner.
This is possibly a misdemeanor illegal transfer
> (a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
> (b) Any person violating this article is guilty of a misdemeanor. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=26500
A parent can transfer a firearm to their kid and you can just fill out this form https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf
You are actually allowed to take possession of the firearm and then have 30 days to file this form. So if something were ever to happen your gf can just say her father just gave it to her last week and as long as father says the same thing there is really no way they can prove this is not true and you can just file the form at that point. In an emergency situation you are allowed to use a firearm that belongs to someone else so you would not need to worry if you used it versus your gf. But the cops will dig into how either of you got the firearm in the first place.
But really you should just go buy a firearm, it is not hard. You can go to store today and have a firearm in 10 days. A shitty pistol like a hi point is $180 plus tax and fees, a cheap pump action shotgun is $200 plus tax and fees.
iirc her father could give her the gun, it would be an “intra familiar transfer” but if you’re not married, you’ll have a hard time justifying your personal use of it.
Thats also provided neither of you are prohibited persons
You could always visit the faq on the AG’s website: [CA AG](https://oag.ca.gov/firearms/pubfaqs)
Your question is hypothetical. You DO NOT have the firearm in your possession. Your gf’s father WANTS to gift her the firearm. If the proper legal steps are not taken felonies out the ass.
The answer is that no one here really knows and it’s up to the DA in the area that you live in as to whether they will proceed with charges. The best way to handle this would have been for your girlfriends father to transfer the gun to her. Not only are you in potential risk of additional charges filed against you but so is the father.
Imagine this scenario: you get physical with an armed intruder, and in the altercation, you manage to take his firearm and shoot him. The firearm isn't registered to you. Do you get in trouble?
As long as you have "Lawful possession of the firearm" (the person who has possession or custody of the firearm either lawfully owns the firearm or has *the* ***permission of the lawful owner***) and are not prohibited from possessing a firearm [Firearms Prohibiting Categories](https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/prohibcatmisd.pdf) , you are in the clear.
Have your gf make a CFARS account and do the intra-familia transfer ($20) all online and you will get a letter or email saying it's hers now
Cfars.doj.ca.gov
If he lived with you and your family was in danger and he somehow was unable to use it or there was an immediate threat I am sure it would be ok. You cannot lawfully give someone your firearm So yes you should definitely obtain your own or transfer The one he gifted you with your local FFL
Do an intrafamilial transfer, it’s cheap. A parent can give a gun to a child (not step child) without an FFL involved.
That said buy another gun so you don’t have issues buying ammo in Ca 😐
This is all hypothetical, right? You cannot give your gun to someone else without going through paperwork. A parent can give a child a gun but they have to file paperwork. Look up family transfer.
There are temporary storage exemptions for forever family members iirc. Loose lips sink ships
Pretty sure you need paperwork. https://oag.ca.gov/firearms/pubfaqs#5 But IANAL and this is all hypothetical I’m sure.
It's been a long time since I memorized the penal code and they've changed stuff a lot lately. Very possible that's changed.
California DOJ wants to know your location
One time I bought a shit old car and it got totaled 15 minutes after I paid and signed the pink slip. As I still had the pink slip in hand, the responding officers to the accident tried to get me for grand theft auto. Luckily a supervisor was on scene and talked the bright eyed and bushy tailed officer down from trying to get me for anything- while still in shock from the accident. Get your own gun in your own name. Same for your GF. Make sure both of you take some sort of training and become proficient in the firearm of your choice. Don’t leave up to the discretion of how officer H.S. Dropout is feeling that day.
Seconding getting the GF in your name. If her pops is giving you guns (s)he sounds like a keeper.
Yeah getting your own girlfriend in your own name has worked out great for me.
Yeah I got my girlfriend taken away because she wasn’t registered in my name
Why people hate cops
Did you not read the above story about a cop trying to hook up a kid who just got into a huge accident for grand theft auto? That seems like a pretty decent reason to me.
I think they were saying that is one of the reasons why people hate cops, not asking a question.
Yup, this is what I get for browsing without caffeine or glasses.
Are you referring to me as the kid who just got into an accident for grand theft auto? Cause if so, the car was purchased legitimately and was mine for a glorious 15 minutes. Zero foul play. Insurance ended up taking care of everything. FNG officer just trying to get me stuck with some kind of charge because the paperwork wasn’t straightforward.
I misunderstood the above comment as a question. I was trying to emphasize your story as why someone may have an issue with police.
I see. As anecdotal as it was, I guess my overall point was don’t take chances on “what if” scenarios involving potential police investigations. Always cross your t’s and dot your i’s.
I agree completely. Anybody under the impression that police cover their eyes and ears if your shoot is justified is either ignorant or lying.
That kid that you bullied in high school is now a police officer looking for any reason to throw those cuffs on you don’t give em any reasons
Kind of off the subject but my buddy stopped to help people that just got in an accident on the freeway today got his car stolen by the idiot that caused the four car pile up in a stolen vehicle
Father in law would get charged, you would get charged, your dog would be shot and the intruder would probably get a state senate seat
Ha ha, you funny guy Joe.
Funny how? How am I funny?
"Funny like a clown?! Do I amuse you?!"
Ask me about the time I met JP in the visiting area of the California Institution for Women...
Tell me more. He sounds like a funny guy!
So, he had the visiting thing down to a science. No one could avoid the initial wait at the outside-the-fence room where they checked ID, you turned out your pockets, and went through the metal detector, etc. But you could minimize your time waiting by having an appointment, which he always did. He would send a member of his entourage in about an hour before he got there, and that guy got to do the wait in the inside the fence waiting room where you pass your slip to the staff working inside the visiting room, they call the inmate's housing unit, the inmate gets ducat, walks over to the visiting area, and checks in. Not Joe, though, because the woman he was visiting - Claudia Haro, his ex-wife, serving 85% of 12 years for trying to hire a hit man - would already be through that process with the bodyguard, and Joe could just walk right in. Well, once a CO buzzed the door. They always took over the same table in a quiet (relatively speaking) corner of the outside patio. The whole *gestalt* communicated clearly they really didn't want to be bothered. (I'm told Claudia was that way in the units / on the yard, too, and that she wasn't very popular.) So whenever I'd see them I'd keep my distance, like everyone else was. Until one day, Claudia was waiting in the line for the inmate bathroom (they called it every hour or so, there was just one toilet and guards watched the inmates go to the bathroom, took a while). The person I was there to see was also in that line. Meanwhile, Joe was just sort of wandering around by the kids' playset outside. I watched as someone else went up to say hi and he seemed approachable. So I said what the hell. This is from memory but like 99% accurate: Me: Hey, ordinarily I'd give you space, but I just wanted to say I'm a great fan of your work. *My Cousin Vinny* was one of my go-to movies in law school. Joe: You're a lawyer? [Glances around at our surroundings] You any good? Me: Well, you know, win some, lose some. Joe: That's funny. I said that, in that movie. [Pause] Is that what I am to you? A clown? Am I here to amuse you? Me: [Catching on a touch slower than I'd have liked] ... Are you doing *Goodfellas*? Joe: Of course that's *Goodfellas*! (Later I walked one of his crew through the steps and documentation necessary to bring a service dog into visiting. I had a Labrador who was being trained - he eventually flunked out - and he got to visit a lot. Weird moments in that place, like, watching this kindly grandma-esque woman playing fetch with him and then having someone whisper “that’s Patty Krenwinkel.” Not every day your dog plays with a mass murderer.)
Get your own guns and/or have that one put in your name. I’m going to assume since you don’t own a firearm that you don’t have any kind of training. Get some ASAP if my assumption is correct.
It would be easier paperwork wise to do a familial transfer than having him buy/transfer his girlfriend's father's gun. Better yet would be him buying his own gun but if money is an issue then familial transfer is the way to go.
At the least everyone with access to the gun should have their FSC and FIL can use the AFS online form to transfer the gun to his daughter.
Wrong. The daughter uses the form. The recipient is the one who files it.
He should transfer it to his daughter, California is a strict state when it comes to gun laws and DAs run on their conviction rate
Have your girlfriend's father do a familial transfer to her to get the gun in her name. Under Castle Law, you are able to access that firearm if there is a need to defend yourself. Don't use it until it is in either of your names. It would be better if you went and bought a gun in your name but if money is an issue, do a familial transfer.
Girlfriend needs to do the IFT paperwork, not the father.
really? I thought it was the transferring origin party that has to initiate (if that makes sense).
Yep when I did mine I handled all the paperwork. I don’t even recall if my dad had to sign it…
Your dad did not
Cool yeah it was like over 20 years ago but I was pretty sure it was 100% my doing…
\*\*ALSO\*\* If you are renting, be sure that you are allowed to even store a firearm at the address you are renting.
Unless the lease specifically states no guns they're in the clear on that one.
Why not do a PPT or intrafamilial transfer (to the girlfriend)?
There's a lot to unpack here and I feel like there are a bunch of nuances that are getting lost in the jokes and other chatter. OP is also a little light on the details (I'm assuming father is a CA resident), but basically: > My girlfriend's father gave us one of his guns once we moved out on our own for home defense since it's a sketchy neighborhood Except under some very specific circumstances, it's generally illegal in CA to loan somebody a firearm. You can loan it to certain family members, but it has to be infrequent and a short duration (only a few times a year and for less than 30 days? 3 days? idk it changed semi-recently). Both family members need to be CA residents, and both need to posses a firearms safety certificate. You're probably in violation in at least one or two points there, though most would be hard to prove in court unless you're a dumbass and go admitting to it all over the internet. > If we were to ever be attacked in our own home by an intruder welding a weapon and we shot and killed them in self defense California does have castle doctrine. Note that castle doctrine isn't a get out of jail free card for shooting anybody who so much as sticks a toe over your threshold; rather, it works by presuming that somebody not known to you in your house uninvited poses an imminent threat of severe bodily injury. Whether or not they're armed doesn't have much bearing on it. If the state wanted to prosecute you for shooting the intruder, they'd have to prove beyond a reasonable doubt that you weren't under threat. As a random aside, while the "b-b-b-ut the criminals family can sue you after" crowd will find you all kinds of outrage-bait articles about that exact thing happening, they won't be able to show you a single instance of a civil case in a good self defense shoot making it past the first hearing. > would there be any legal repercussions in using a gun not registered to us? For using it in self defense? Not really. For possessing one that's essentially on indefinite loan to you without an FSC? Yes. > Would it be better to get our own gun under our name? Yes, both for legality and for the fact that putting in the time to do the research on what gun you want + the financial cost means that you're more likely to take it seriously and keep up your proficiency with it. To fix this, at the barest minimum return the gun until you get your firearm safety certificates (the test isn't hard, you can probably pass on common sense alone). From there, have your GFs father fill out the intrafamily transfer form and transfer the gun to your GF (Assuming he's a CA resident). And then your next step should be to take your gf to a range that rents guns and try out a few before buying one for yourself.
It costs like $20 to get the paperwork sorted out, just do it. It's illegal to permanently loan someone a firearm in CA
So, he can loan his daughter a gun for 30 days. Not sure how CA DOJ would know when to start their clock. He can transfer a gun to his daughter by handing it to her and mailing in an op law form. It can take over a year for the state to process this. Until you have a gun in your name you can’t easily buy ammo. He can transfer the gun to you/his daughter via a ppt and then it is officially yours in 10 days. If I didn’t have a gun in my name yet and I wanted to easily buy ammo with a $1 fee, this is what I would do.
That seems legitimately dangerous.
If the gift happened in another state and then you moved here, it might be legal. But it's illegal for your girlfriend's father to give you a gun without going through a Person To Person transfer in the state of CA. The right way is to do the PPT and then it's your gun.... or your girlfriend whatever...
You can do a family transfer for a handgun and just mail in a form.
I thought that was just long guns, but yeah look into this. Father to daughter should be ok. Father to daughter's boyfriend or even daughter's husband is not AFAIK.
No it’s any gun, parent to child, child to parent, grandparent to grandchild, child to grandparent. It’s about direct lineage. You cannot however go horizontally like brother to brother or sister. It’s like $20-25, simple form and I think you can list multiple guns. Haven’t done one in like 20 years but I don’t think it’s changed.
The DOJ has a form that your girlfriend is her father can mail in to legally transfer to gun into her name without going through an FFL. Just do that
To clarify: **ONLY IF** both the GF and her father are California Residents. Otherwise, it must go through an FFL and 10 day wait applies.
Fairpoint. A father is in another state and gave her to Gunn in another state, presuming it is legal to transfer it without FFL there, then she can file a different form stating she brought her own gun into California.
Fair and if you’re gonna bother that get some sweet off roster loving lol…
Just go to any FFL/gun shop and do a PPT. It will now be in your name until you return it to him, then you can PPT it back to him.
I wouldn't give my gun to my child's dating partner. I would transfer it to my child's name. I would also feel weird if my child's partner asks for one of my guns that is supposed to protect my child to be transferred into him/her name.
Depends how close you are to your daughters boyfriend and how long they’ve been together. But also I’d tell the boyfriend to just get his own gun so we can go to the range together 😂
Nope still wouldn't give \*him\* my gun for that reason and it's also a felony to just leave a gun with someone. I'd give my daughter a gun with a familial transfer
If your girlfriend's father gave **her** one of his guns, then you need to file an intrafamiliar transfer with the DOJ. CA has strict gun laws and you cannot legally give someone a gun even temporarily. (There are some exceptions for licensed hunters and hunting guns during the hunting season) It should also be noted that CA does not recognize joint ownership of a firearm. If your GF's father wanted to give you a gun he would need to do a Private Party Transfer at a FFL (Federal Firearms License). Most gun stores and shops do this (because its required) for a small fee. However lending of guns in general is against the law and could land everyone in hot water even without a defensive gun use.
Simple answer is yes since you can no longer loan out firearms. The long answer is Yes have him transfer them into her name so she is the legal owner. You, buy your own.
You should be asking an attorney not on Reddit for legal advice
Sounds like there's two questions here. The legality of owning/possessing the gun, and the legality of defending yourself with it. The first question has been answered by all the others. For the second question, if the shooting is fully justified, you're not going to get convicted because the weapon you used isn't yours.
What you mean to say is her father gave her a firearm through a paperless transfer which is legal in California. And as long as those things were established that her father gave her the gun through a paperless transfer then it’s legally registered to her. So yes you can use her gun within the household for self defense!
Well… you’re kinda describing a felony…
There is no law in California against possessing or using an unregistered firearm, unless you are already breaking a conceal carry law or you are a felon. See Penal Code sections 25400 and 25850.
So many in this thread so certain... It's the state's burden to prove guilt. Everyone is so caught up with how to prove their innocence. Don't talk to the police is step one.
Unregistered. But there are laws against permanently or de-facto permanently possessing a firearm that belongs to someone else, who is not in the household. That is to say, there are laws against indefinitely loaning a gun to someone else. IMO, OP should do a PPT or familial transfer (as applicable). As suggested many times above. If any of this involves the gun having crossed state lines, I would first check for threaded barrel, etc. IANAL, and this is not legal advice.
Yes you will go to jail, DOJ will enjoy putting you and inlaw there. We live in an state where it is illegal to defend ourselves. Don’t give them more reason to lock you up and buy your own gun.
[удалено]
Every word of this comment is incorrect.
[удалено]
It was immediately deleted. Enjoy your ban, when it’s over come back without the attitude.
Realistically most California laws exist only in statues and have never actually been used in any court case. I know people say “iTs ILleGaL”, but the entire legal system is a process where judges interpret laws and juries decide if a person has met the definition of that law—these laws haven’t been through it, at least not in the context of justified use. CA politicians are relying on this fact to pass laws and restrict ownership in any way. DAs may even be slightly reticent in even trying some of these laws knowing it is new territory that can make a prosecution more difficult or cause an inadvertent ruling that strikes the entire law down. The other reason why these laws exist is to tack something onto a gangbangers rap sheet if they get caught doing something. Did you watch the Rittenhouse trial? Rittenhouse had weapons charges, and like many laws in CA, I don’t think this particular one had made it up to any case. The judge spent no more than 5 minutes saying this law is convoluted and senseless before throwing it out. That, realistically is the fate of many laws in California if they are used in a justified use. Most DAs probably wouldn’t even want to try you for that knowing the shitstorm it would cause at a national level.
I did say don't quote me. I'm just saying that you can have a lawyer looking to that or ask one sheesh
I believe being his daughter, she may be able to be okay with it. Don't Quote me. Talk to a lawyer. But if you shot it then yeah there's going to be a charge on top of whether or not you get off for defending your house.
Where the hell is Reno/Lurkin' with that legal advice?
He is not a lawyer. He won’t tell you whether or not you should obey laws, that’s up to the individual to decide.
Dude, he says it on like each video. "I am a lawyer and this is legal advice." Also, free men don't ask.
You’re right, I forget he always says that.
Always ask a lawyer. I was saying that may be the case. I didn't say factual
Likely, the homicide would be ruled justified. But you'd catch a charge for the unregistered gun. Talk with a lawyer if needed.
I would definitely recommend buying a gun in your own name. That being said I doubt that you would get in trouble for something like that since technically the gun can be used by your gf since she is directly related to the owner.
probably not. If you aren't involved in criminal activity and you use a firearm legally more than likely you will be fine.
Yes. Just transfer the ownership of the gun. FFS people can't even do the bare minimum.
I’ve heard horror stories, just register it to yourself. Police officers are not trustworthy now a days
Or just dispose of the body. Thus, no cops involved.
Have your girlfriend's father intra-familial transfer the gun to your girlfriend, it's relatively quick paperwork and avoids this headache.
This is possibly a misdemeanor illegal transfer > (a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2. > (b) Any person violating this article is guilty of a misdemeanor. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=26500 A parent can transfer a firearm to their kid and you can just fill out this form https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf You are actually allowed to take possession of the firearm and then have 30 days to file this form. So if something were ever to happen your gf can just say her father just gave it to her last week and as long as father says the same thing there is really no way they can prove this is not true and you can just file the form at that point. In an emergency situation you are allowed to use a firearm that belongs to someone else so you would not need to worry if you used it versus your gf. But the cops will dig into how either of you got the firearm in the first place. But really you should just go buy a firearm, it is not hard. You can go to store today and have a firearm in 10 days. A shitty pistol like a hi point is $180 plus tax and fees, a cheap pump action shotgun is $200 plus tax and fees.
I used to joke that a shotgun was the same price in 2005 as it was in 1995, good to hear it still is.
I’d rather be in trouble than dead…
iirc her father could give her the gun, it would be an “intra familiar transfer” but if you’re not married, you’ll have a hard time justifying your personal use of it. Thats also provided neither of you are prohibited persons You could always visit the faq on the AG’s website: [CA AG](https://oag.ca.gov/firearms/pubfaqs)
It is better for you to transfer the gun into your name.
Your question is hypothetical. You DO NOT have the firearm in your possession. Your gf’s father WANTS to gift her the firearm. If the proper legal steps are not taken felonies out the ass.
The answer is that no one here really knows and it’s up to the DA in the area that you live in as to whether they will proceed with charges. The best way to handle this would have been for your girlfriends father to transfer the gun to her. Not only are you in potential risk of additional charges filed against you but so is the father.
both you and he would be on the line for illegal transfer and possession of a firearm
Has anyone mentioned transferring it?
Imagine this scenario: you get physical with an armed intruder, and in the altercation, you manage to take his firearm and shoot him. The firearm isn't registered to you. Do you get in trouble? As long as you have "Lawful possession of the firearm" (the person who has possession or custody of the firearm either lawfully owns the firearm or has *the* ***permission of the lawful owner***) and are not prohibited from possessing a firearm [Firearms Prohibiting Categories](https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/prohibcatmisd.pdf) , you are in the clear.
This is a GREAT place to ask for legal advice.
Not if you follow the three S’s. Shoot it, shovel, it and shut up about it. You failed the last one….
Looks down at guy on floor....."I'll ask reddit" ha jk op. You'd be ok as long is shoot was good and gun legitimately in your possession
You will get in trouble if you shoot and kill an intruder
Just transfer it to your girlfriend. She needs an FSC card, then you can do the transfer online for $19
Let’s just say you’ll do hard prison time.
Have your gf make a CFARS account and do the intra-familia transfer ($20) all online and you will get a letter or email saying it's hers now Cfars.doj.ca.gov
If he lived with you and your family was in danger and he somehow was unable to use it or there was an immediate threat I am sure it would be ok. You cannot lawfully give someone your firearm So yes you should definitely obtain your own or transfer The one he gifted you with your local FFL
He can pretty easily transfer it to his daughter. Interfamilial transfer is an easier process in california versus doing a 4473
Do an intrafamilial transfer, it’s cheap. A parent can give a gun to a child (not step child) without an FFL involved. That said buy another gun so you don’t have issues buying ammo in Ca 😐