Who the exemption covers
California recognizes a limited exemption for transfers between close family members, generally parent to child and grandparent to grandchild (in either direction). These do not run through a licensed dealer as a normal sale. Instead, the recipient reports the transfer to the California DOJ. The exemption is narrow. Among the conditions in Penal Code section 27875(a), the recipient must be 18 or older and the transfer must be infrequent, as defined in Penal Code section 16730. Everyone else generally uses a dealer.
Exempt: report to the DOJ
Generally covered, in either direction:
- Parent to child
- Grandparent to grandchild
Not covered: use a dealer
Generally not covered; run through a licensed FFL:
- Siblings, cousins, nieces, nephews
- In-laws and unmarried partners
The intrafamilial path, step by step
An exempt intrafamilial transfer is recorded through the California DOJ's report process (an operation-of-law / intrafamilial transfer report) rather than a dealer's DROS. The recipient files it.
- 01
Secure the firearm first
Leave the firearm unloaded and stored securely where it is. You generally have a reasonable window, so there is no need to move anything before you have confirmed the exemption applies and the recipient is eligible. - 02
Confirm the relationship qualifies
The exemption is generally for transfers between a parent and child, or a grandparent and grandchild. Other relatives (siblings, cousins, in-laws, nieces/nephews) are not covered and generally must go through a licensed dealer. The transfer must also be infrequent, as defined in Penal Code section 16730. - 03
Confirm the recipient is 18 or older and can lawfully possess the firearm
The exemption requires the recipient to be 18 years of age or older (Penal Code section 27875(a)(5)). Confirm the recipient can lawfully possess a firearm in California and is not otherwise prohibited. If there is any doubt, stop and consult an attorney. This guide cannot make that determination. - 04
File the operation-of-law / intrafamilial transfer report
≤ 30 daysFile the operation-of-law / intrafamilial transfer report with the California DOJ, generally within 30 days, using the DOJ's report process rather than a dealer DROS. Confirm the current deadline and form with the CA DOJ. Timelines can change. - 05
Handle the safety-certificate and handgun requirements
Handle the safety-certificate and handgun requirements that apply to the recipient. A valid Firearm Safety Certificate is generally required, though narrow exemptions exist and handgun vs long-gun rules differ. Confirm what applies before completing the transfer.
The handgun roster doesn't block it
The handgun roster restricts what dealers may sell new. It generally does not block an intrafamilial transfer of an off-roster handgun. The recipient still has to be able to lawfully possess that specific firearm.
When a dealer is still required
Route it through an FFL when
- The recipient is not a parent, child, grandparent, or grandchild of the previous owner.
- The heir lives out of state and the heir's state, or the type of transfer, requires a dealer. Federal law has a specific exception for a firearm passed by will or intestate succession to an heir who may lawfully possess it in the heir's state (18 U.S.C. section 922(a)(5)(A)), but other interstate transfers generally go through licensed dealers, and handgun rules are especially strict.
- The firearm is otherwise restricted (for example an assault weapon or other category with its own rules), where an exemption may not apply or may require additional steps.
- Anyone involved is unsure whether the recipient can lawfully possess the firearm. A licensed dealer runs a background check as part of a normal transfer.
If a dealer is required, a California FFL can process the transfer. Many also handle estate and consignment work if the family would rather sell.
Not an exempt transfer? A dealer can handle it.
If the transfer has to go through an FFL (or the family would rather sell), tell us what you inherited and we'll route you to California dealers who take estate and consignment work. The dealer runs the transfer or sale and sets their own fees. CalGunHub is a directory and does not sell firearms, set fees, or appraise anything.
Common questions
Can I transfer an inherited gun to my child in California without a dealer?
California recognizes a limited intrafamilial exemption for certain transfers between close family members, generally parent to child or grandparent to grandchild. These transfers are reported to the California DOJ (an operation-of-law / intrafamilial transfer report), typically within 30 days, rather than processed as a dealer DROS. The exemption does not extend to siblings, cousins, or in-laws. Among the conditions in Penal Code section 27875(a), the recipient must be 18 or older and the transfer must be infrequent, as defined in Penal Code section 16730. This is general information, not legal advice. Verify with the CA DOJ and an attorney.
Does the California handgun roster apply to an intrafamilial transfer?
The handgun roster (the list of handguns dealers may sell new) generally does not bar an intrafamilial transfer of an off-roster handgun, because roster restrictions target dealer sales. The recipient must still be able to lawfully possess the specific firearm. Verify the current rules with the CA DOJ.
Do I need a Firearm Safety Certificate for an intrafamilial firearm transfer?
A Firearm Safety Certificate is generally required for the person receiving a firearm, though some narrow exemptions exist. Requirements differ for handguns and long guns and can change. Confirm what applies to the recipient with the CA DOJ before completing the transfer.
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