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Guns and under-21

Information Guns and under-21

Summary:
▪️Both Federal and California law prohibit transfer of a handgun through an FFL to under-21
▪️A CA resident 18, 19, 20 may purchase NON semiautomatic long guns, with a hunting license
▪️A CA resident 18, 19, 20 may receive a handgun through intrafamilial transfer - which works ONLY when all parties are CA residents



Federal law, 18 USC 922 (b) tells us
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver—
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has
reasonable cause to believe is less than twenty-one years of
age
;



California law has the parallel in two parts:
Family Code defines 'minors' at 6500 and adults at 6501

6500.

A minor is an individual who is under 18 years of age. The period of minority is calculated from the first minute of the day on which the individual is born to the same minute of the corresponding day completing the period of minority.

6501.

An adult is an individual who is 18 years of age or older.

And then the Penal Code uses those definitions at 27505

27505.

(a) No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor, nor sell a handgun to an individual under 21 years of age.

There are exceptions in 27505(b)

(1) The sale of a handgun, if the handgun is an antique firearm and the sale is to a person at least 18 years of age.

(2) The loan of a firearm to a minor by the minor’s parent or legal guardian

(3) The loan of a semiautomatic centerfire rifle or handgun to a minor by a person who is not the minor’s parent or legal guardian ... [with conditions]

(4) The loan of a firearm other than a semiautomatic centerfire rifle or a handgun to a minor who is 16 years of age or older, by a person who is not the minor’s parent or legal guardian ...

(5) The loan of a firearm other than a semiautomatic centerfire rifle or a handgun to a minor under 16 years of age by a person who is not the minor’s parent or legal guardian...

18, 19, 20 may buy some long guns if they have a hunting license, per PC 25710

27510.

(a) A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person who is under 21 years of age.

But the exception is here in (b):
(b) (1) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
And there are some (rare) exceptions
(2) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun or a semiautomatic centerfire rifle to a person who is 18 years of age or older and provides proper identification of being an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. ...

(3) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:

(A) An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of employment.

(B) An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of employment.

(C) A reserve peace officer, as defined in Section 832.6, who is authorized to carry a firearm in the course and scope of employment as a reserve peace officer.

(D) A person who provides proper identification of active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States.

Intrafamilial transfer to under-21

PC 27545 obligates CA residents to use a CA FFL for gun transfers.

PC 27875 is the intrafamilial exemption, which can be used for 18, 19, 20 ONLY when all parties are residents of California -

27875.

(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
...
(5) The person receiving the firearm is 18 years of age or older.

(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:

(1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.

(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.

(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.

(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.

Note again that intrafamilial transfer of handguns works for 18, 19, 20 ONLY when all parties are CA residents; if parent or grandparent is a resident of some other state, transfers must go through an FFL by Federal law, and we're back to 'FFL may not transfer handguns to under 21'.
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