California Penal Code Section 27870[1] provides an exemption from the licensed dealer requirement for firearm transfers between immediate family members. This exemption is narrowly defined and applies only to specific family relationships.
Qualifying Family Relationships
The intrafamilial exemption applies exclusively to transfers between:
- Parent and child (including stepparents and stepchildren)
- Grandparent and grandchild
The exemption does not extend to transfers between spouses, siblings, cousins, aunts, uncles, or any other family relationship. Transfers between these non-qualifying family members must be processed through a licensed dealer as a standard private party transfer under Penal Code Section 27500[2].
DROS Requirement Remains
While the dealer intermediary is not required, the transfer must still be reported to the California DOJ. Within 30 days of the transfer, the recipient must submit an Intrafamilial Firearm Transaction report (form BOF 4544A) to the DOJ[3]. This report serves the same record-keeping function as a DROS and ensures the firearm's ownership is updated in the state's Automated Firearms System (AFS).
Conditions for the Exemption
Both the transferor and the recipient must meet the following conditions:
- Neither party may be prohibited from possessing firearms under state or federal law
- The recipient must be at least 18 years old for long guns and 21 years old for handguns
- The transfer of a handgun triggers a Handgun Safety Certificate (HSC) or Firearms Safety Certificate (FSC) requirement for the recipient
- The firearm must be legally transferable (not an assault weapon, short-barreled rifle, or other prohibited weapon)
Handgun Roster Exemption
One significant advantage of the intrafamilial transfer exemption is that it is not subject to the Unsafe Handgun Act roster requirements under Penal Code Section 32000[4]. This means that off-roster handguns may be transferred between qualifying family members, making intrafamilial transfers one of the few legal pathways to acquire an off-roster handgun in California.
Out-of-State Family Transfers
If the transferor resides outside California, the transfer of a handgun cannot be completed directly. Under federal law (18 U.S.C. 922(a)(3)), a handgun may not be transferred to a resident of another state without going through a licensed dealer in the recipient's state of residence. Long guns may be transferred across state lines under the federal exemption, but the California reporting requirement still applies.
Penalties for Non-Reporting
Failure to report an intrafamilial transfer within 30 days is an infraction for a first offense and a misdemeanor for subsequent offenses. The exemption itself is not lost, but the recipient may face difficulty establishing lawful ownership of the firearm if the transfer is not recorded with the DOJ.