Can my dad give me a gun in California?
Asked by: Aurore Jerde | Last update: February 1, 2026Score: 4.4/5 (18 votes)
Yes, your dad can give you a gun in California as an immediate family transfer (parent-child), but you must meet specific legal requirements, including being an adult (over 18, or 21 for handguns), not being a prohibited person, and completing the necessary California DOJ paperwork (BOF 4544) within 30 days, plus you'll need a Firearm Safety Certificate (FSC) for handguns and potentially other firearms. This "intra-familial transfer" bypasses the licensed dealer requirement but still requires reporting to the state.
Can my dad gift me a gun in California?
Yes, as long as the adult child receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess (e.g., not an assault weapon). The transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement.
Is it legal for my dad to give me a gun?
Yes, your dad can likely give you a gun as a gift, but it depends heavily on your age, state laws (requiring transfers through a dealer for background checks in many places), and ensuring you're legally allowed to own a firearm, with transfers across state lines always requiring a Federal Firearms License (FFL) dealer. Federal law permits gifts between residents of the same state if the recipient is eligible, but states like CA, NY, IL, etc., mandate dealer transfers for all private sales/gifts, while others might require it for handguns or specific types.
Can I give my son one of my guns?
Giving a gun to someone within the same state is easy. In fact, there are no federal laws requiring any sort of paperwork at all, according to the U.S. Concealed Carry Association. As long as you have no reason to believe the person is restricted from owning the firearm, you can just box it up and hand it over.
Can I borrow my dad's gun in California?
California Penal Code 27545 allows infrequent loans of firearms (rifle, shotgun or handgun) to any of the following: spouse, registered domestic partner, parent, child, sibling, grandparent or grandchild.
How to Legally Transport and Store Guns in a Vehicle in California
Can I take my dad's gun to the range in California?
Yes absolutely you'd be within your rights to defend yourself with his firearms if your life was in danger. Legally you would be ok to borrow his guns for a trip to the range as long as you have a valid FSC and the pistol is registered to your dad.
Do I have to register inherited guns in California?
Generally, it will be the responsibility of the executor of the estate of the original owner to secure the firearms as quickly as possible after a person has passed. They will be tasked with making sure that the firearms are transferred and registered legally.
How much does it cost to transfer gun ownership in California?
For transferring California-approved and legal firearms, there is a $125 transfer fee and a $47.19 California-required registration/background check fee (DROS).
Is it okay to gift a gun?
Federal Law on Buying Guns for Someone Else
Under federal law, purchasing a firearm as a gift is generally allowed. The buyer, however, must be the registered owner, even if the firearm is intended for someone else. This individual is considered the “actual buyer” in the transaction.
Is it illegal to keep a gun you found?
If a real firearm is simply lying on the ground, it's likely that it was used in a crime, so don't touch it, move it or disturb the area in any way. Depending on the state, if the firearm is clear and the legal owner cannot be found, a “finders keepers” law may apply, where you can claim ownership.
Can my brother transfer a gun to me in California?
Under California Penal Code 26840, anyone in the Golden State acquiring a firearm must have a Firearm Safety Certificate or FSC. So, while some family members can legally give a firearm to another family member or spouse without paperwork, the person receiving the gun must still be in possession of a valid FSC.
What is a gift purchase for firearms?
A gift purchase firearm is when you buy a gun with your own money for someone else who is legally allowed to own it, making you the "actual purchaser" for background check purposes, but the firearm is intended as a sincere present, not for someone who can't pass a background check (a "straw purchase"). Federal law requires the buyer (you) to pass the background check and complete the paperwork (ATF Form 4473), answering "yes" to being the actual purchaser, even if it's a gift, to avoid it being an illegal straw purchase. State laws vary, often requiring the transfer to go through a licensed dealer (FFL) for a background check on the recipient, especially for gifts across state lines or in certain states.
Can I be gifted an off-roster handgun in California?
You may receive an off-roster handgun as a gift from an out-of-state relative. (Only parent, grandparent, child, or grandchild. No aunts/uncles, cousins, siblings, etc.)
Can my father give me a gun?
Yes, your dad can likely give you a gun as a gift, but it depends heavily on your age, state laws (requiring transfers through a dealer for background checks in many places), and ensuring you're legally allowed to own a firearm, with transfers across state lines always requiring a Federal Firearms License (FFL) dealer. Federal law permits gifts between residents of the same state if the recipient is eligible, but states like CA, NY, IL, etc., mandate dealer transfers for all private sales/gifts, while others might require it for handguns or specific types.
Do I have to worry about the gift tax if I give my son $75000 toward a down payment?
No, you likely won't have to worry about paying gift tax on a $75,000 gift to your son for a down payment, as it falls under the high lifetime gift tax exemption (over $13 million), but you will need to file IRS Form 709 to report the gift because it exceeds the annual exclusion ($18,000 in 2024, $19,000 in 2025) and will reduce your lifetime exemption, as noted by SmartAsset.com and Loan Pronto https://rjfesq.com/blog/do-i-have-to-worry-about-the-gift-tax-if-i-give-my-son-75000-toward-a-down-payment, https://smartasset.com/taxes/gift-tax-give-son-75k-for-down-payment,.
What happens if you gift more than $10,000?
If you gift over $10,000, nothing immediately happens in terms of taxes unless it exceeds the annual exclusion (around $19,000 in 2025, $19,000 in 2026) for that year; amounts over that limit must be reported on IRS Form 709 and reduce your lifetime gift/estate tax exemption, but you only pay gift tax if you exceed the substantial lifetime limit (around $15 million per person in 2026). The recipient never pays gift tax, and the giver is responsible for reporting and any potential tax, with the gift tax rate starting at 18% for amounts over the exclusion and lifetime limit.
Can you carry a gun that is not in your name?
In many states, the law does not require firearms to be registered, which means that even if a gun is not registered to you, you may still legally possess and carry it if you meet specific criteria. However, it is crucial to ensure that the firearm is not stolen and that you have the owner's permission to carry it.
Can you take someone else's gun to the range in California?
This is generally fine, and it does happen frequently. For instance, a father may loan his child a gun to teach him or her how to shoot at the range. A friend may loan another friend a firearm so that they can go on a hunting trip together. There are many examples of this and it doesn't necessarily violate any laws.
What is the youngest age you can own a firearm?
Under the Gun Control Act (GCA), shotguns and rifles, and ammunition for shotguns or rifles may be sold only to individuals 18 years of age or older. All firearms other than shotguns and rifles, and all ammunition other than ammunition for shotguns or rifles may be sold only to individuals 21 years of age or older.
What is the 1 in 30 rule in California?
California's contested law prohibited most individuals from purchasing more than one firearm within any 30-day period. The regulation was designed as a public safety measure, with lawmakers arguing it would help reduce gun trafficking and limit the rapid accumulation of firearms by potentially dangerous individuals.
What is the penalty for not registering a gun in California?
In California, possessing an unregistered firearm is often a "wobbler" offense, meaning it can be charged as a misdemeanor or felony, leading to penalties like up to 3 years in prison, up to $10,000 in fines, and a lifetime ban on owning firearms, with misdemeanor penalties typically being up to a year in jail and $1,000 in fines, but increasing significantly for felonies or repeat offenders. The severity depends on factors like prior offenses, the type of firearm (e.g., ghost guns), and if it's used in another crime, potentially escalating to a felony.
Can I inherit a gun in California?
Under California law, generally, when a firearm is inherited through a will or the laws of intestate succession (when someone dies without a will), this is considered an “operation of law” transfer. California Penal Code section 27920 outlines the conditions for such transfers, including that the recipient must be 18 ...
What is the new inheritance law in California?
California's key inheritance law changes center on Proposition 19 (2020), severely restricting property tax breaks on inherited homes (requiring the child to move in to keep the lower tax base) and eliminating the transfer of other real estate without reassessment, plus newer rules (AB 2016, effective April 2025) that simplify probate for small estates, raising the home value limit to $750,000 for expedited transfer. Heirs must now meet strict residency and filing requirements to benefit from tax exclusion, while new small estate rules offer faster probate for primary residences under a certain value, but only if conditions are met.
Is it illegal to have an unregistered gun in CA?
Being charged with possessing a ghost gun or an unregistered firearm is a serious offense in California. Even if you didn't know the weapon needed a serial number or registration, prosecutors may still pursue felony charges—and the consequences can include jail time, fines, and a permanent loss of firearm rights.
How much does it cost to register a firearm in CA?
California gun license (CCW) costs vary by county but involve initial application fees (around $20-$43), mandatory Live Scan fingerprinting (approx. $93-$115+), an issuance fee upon approval (around $80-$173), and county-specific charges, plus required training costs, totaling potentially several hundred dollars or more for the first permit, with renewals being less expensive but still significant. Expect costs from around $300 up to over $1,000+ depending on your county's specific fees and required courses.