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StudentPS
06-20-2008, 11:01 PM
Hi~ My husband inherited a handgun (.38 special) from his grandfather who passed away a few years ago. We were told that it needs to be registered. So, 1.) Does an inherited handgun like this need to be registered? 2.) If so, do we just go to a local gun shop to register it? We are not sure if his grandfather registered it. 3.) Being that we have not registered it yet, will it be an issue? Will we get ourselves into trouble? There have been many robberies in our neighborhood lately. This prompted us to the fact that we may have to use it someday to defend ourselves. Any information would be GREATLY appreciated!

slowfire
06-20-2008, 11:13 PM
There is a voluntary registration form on the CA. DOJ website if the pistol is already in your possession. Their website may be very helpful answering your questions and you can also call them and ask your questions. If you have not taken possession then you will have to register the pistol. Do you already have the HSC card? I don't know if there is an excemption from grandparent to grandchild, like there is for parent to children.

Quiet
06-20-2008, 11:24 PM
1) Yes. It needs to be registered.

2) Your husband needs to have a HSC.
After he gets one, fill out this form (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) and mail it with $19 to CA DOJ. This will register the handgun.

3) The handgun being unregistered will only be an issue if it's ever carried concealed and transported in a concealed manner. Unregistered handguns are legal to own but automatically makes any firearm related crime a felony.

bwiese
06-20-2008, 11:34 PM
Hi~ My husband inherited a handgun (.38 special) from his grandfather who passed away a few years ago. We were told that it needs to be registered. So

1.) Does an inherited handgun like this need to be registered?

Yes, for the past quite-a-few years (since early 1990s).

2.) If so, do we just go to a local gun shop to register it?


NO. You fill out a form with Calif DOJ Firearms Bureau and pay $19:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf (http://<a href="http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf" target="_blank">http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf</a>)


Before submitting that, however, you must acquire an HSC card (Handgun Safety Certificate), which means taking a simple test and paying $25 at local gunshop.

Only mail in the above form/fee *after* that.

We are not sure if his grandfather registered it.

Relax, irrelevant. There's millions of unregistered handguns lawfully possessed in CA. Until 1991 (?90?) private sales between non-felons did not need government paperwork/dealer intervention.

3.) Being that we have not registered it yet, will it be an issue? Will we get ourselves into trouble?

Technically, you should have done so in the past upon wrap up of estate.

However DOJ seems to be happy to have updated records. In a very similar type of circumstance - for someone moving into CA and who had 60 days to report handgun ownership, but failed to do so in a timely fashion - a late but complete similar filing is actually codified in law to not be self-incriminating. There are even questions as to whether completion of a mandatory gov't form, even late, would be incriminating.

Do not misstate any items on the form, and complete them to the best of your knowledge, as the form is signed under penalty of perjury. If you are legitmately unsure of some item, I'd suggest writing "UNKNOWN" in that space. "How obained" field can be filled out "inherited from grandfather".

[One other piece of info: it's of course illegal to carry a handgun in CA concealed (loaded or unloaded) without a Calif. CCW permit. If an illegal carrier were arrested for basic 1st-time illegal CCW and the handgun were found not to be registered to that person, the charge very well will be a felony (unless you're a rich Hollywood TV actor). If the gun were found to be in the "DROS" registry (and no other crime found) the charge would be a misdemeanor. The above information, however, should not be construed as advice to violate the law and carry illegally.]

It may take 3 weeks to 2 months to get an acknowledgement/confirmation back from DOJ.

Dave in LB
06-21-2008, 12:29 AM
Bill- not meaning to be argumentitive here but I thought an inherited gun did not need to be registered and that the use of the Law of opperation Interfamilial Transfer form was optional. I would think it's good course to register it to show current ownership if stolen but I don't believe it's required.

Mssr. Eleganté
06-21-2008, 3:05 AM
Bill- not meaning to be argumentitive here but I thought an inherited gun did not need to be registered and that the use of the Law of opperation Interfamilial Transfer form was optional. I would think it's good course to register it to show current ownership if stolen but I don't believe it's required.

That is incorrect. The Operation of Law/Intra-familial Transfer form is required by law when you inherit a handgun.

CPC § 12078(c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and both of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older. (3) As used in this subdivision, "immediate family member" means any one of the following relationships: (A) Parent and child. (B) Grandparent and grandchild.

Suvorov
06-21-2008, 8:03 AM
3) The handgun being unregistered will only be an issue if it's ever carried concealed and transported in a concealed manner. Unregistered handguns are legal to own but automatically makes any firearm related crime a felony.

I think you mean aren't :confused:

StudentPS
06-21-2008, 2:35 PM
Wow! What a response I got. You have all been VERY helpful. I like how you all provided step by step instructions along with a link to the form. VERY helpful. I will start this process right away.

Another question - Hypothetically, if we had to shoot someone who broke into our house and attacked us, would it be considered a crime since the handgun is not registered yet? That is my biggest fear. With the economy on it's current downward spiral - we have seen a major increase in crime within our community.

Again, very impressed by the knowledge of those in this forum! :D

Librarian
06-21-2008, 10:34 PM
I think you mean aren't :confused:No, as Bill noted, using an FFL to transfer handguns only became required in 1990, and registering them when you moved from out of state became required in 1998.

If the gun was purchased in California before 1990, there is not necessarily any paper on it unless it has been transferred in state since then. Same with "personal handgun importers": move here before 1998, no California paper required.

Suvorov
06-22-2008, 8:06 AM
No, as Bill noted, using an FFL to transfer handguns only became required in 1990, and registering them when you moved from out of state became required in 1998.

If the gun was purchased in California before 1990, there is not necessarily any paper on it unless it has been transferred in state since then. Same with "personal handgun importers": move here before 1998, no California paper required.

Sometimes, I just can not read a statement right.... :rolleyes: That is what I meant. :kest:

It seems that there is a lot of misinformation regarding this out there (and even when I know the answer I wright it incorrectly). Is this common knowledge with most police, or are they kept as clueless about these regulations as they are about OLLs?

Has anyone had a legally owned non-registered handgun confiscated from them during a traffic stop on the basis of it not "being in the system"?

Librarian
06-22-2008, 7:59 PM
I was curious about just how many handguns might have come into California before 1998's required registration.

The state has some demographic information here (http://www.dof.ca.gov/HTML/DEMOGRAP/ReportsPapers/ReportsPapers.php#immigration).

Their data suggests about 3 million people moved here from other states 1985-1990, and about 2 million more 1990-1994. (International immigration is excluded.) Seems like interstate migration data before 2000 is rather sparse, on line. Any geographers here?

Something like a third of households are thought to own some gun. So, an outside, almost certainly too-high guess is somewhere around 800K guns were moved here in those 10 years.

[ 5 million / 2 (people per household) * .33 (households owning guns) = 0.825 million ]

(we don't know if the 33% guess is right,
we don't know whether the migrants actually had guns at the 33% rate;
we don't know how many people were in a household among the migrants, but '2' is a high-probability guess)

We might want to guess similar numbers for 1965-1975 and 1975-1985, but earlier than that isn't relevant, because before GCA 1968, registration was not generally required. I might suggest the traditional feeling that gun ownership was higher in the past than at least what is admitted to, today, could balance the relatively smaller numbers of interstate immigrants in past decades.

So, allowing for a very large ballpark, and ceteris paribus, probably "a couple million" handguns may have been brought into California by folks moving here, before 1998.

And, whatever the actual number, no California law required the owners to register those guns before 1998, and no law yet does.