PC 27875:
Intrafamilial Transfer Exemption

California Penal Code Section 27875^[1] exempts qualifying infrequent transfers between immediate family members from the licensed dealer requirement when the reporting, safety certificate, and minimum age conditions in subdivision (a) are met.

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].

Reporting Requirement

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 either a long gun or a handgun
• 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

Federal law generally prohibits an unlicensed person from transferring any firearm directly to an unlicensed resident of another state under 18 U.S.C. 922(a)(5). Family gifts of handguns or long guns have no blanket exemption from this rule. The statute excepts transfers by bequest or intestate succession to a person permitted to acquire or possess the firearm under the law of that person's state of residence, and temporary loans or rentals for lawful sporting purposes. California's applicable reporting requirements also remain.

Penalties for Non-Reporting

Reporting within 30 days is a condition of the dealer-transfer exemption in Penal Code Section 27875. A transfer that does not qualify for an exemption must generally go through a licensed dealer under Section 27545. A violation of that requirement is generally a misdemeanor, but a violation involving a handgun or centerfire semiautomatic rifle may be punished as a misdemeanor or felony under Section 27590. The dealer-transfer exemption requires all of the conditions in Section 27875 to be met, including reporting the transfer within 30 days of taking possession.