View Full Version : In need of some advice and/or suggestions
06-24-2008, 2:54 AM
Hello everyone, I've been a long time reader first time posting. I've done a
search but came up with zero hits. Here's my question, my neighbor an elderly
gentlemen in his earlier 80's, sold a calif register pre-ban high cap mag (18
rounds) + handgun to a calif resident (neighbor) without going through a FFL.
Other than the two parties getting arrested, what other legally ramfication
are they facing? and is there a way to correct the situation?
06-24-2008, 6:01 AM
Hypothetically speaking of course, and I am no Lawyer, and all legalities aside, have him/her GIVE IT BACK, NOW! Then, take the gun to an FFL and do the proper paperwork for PPT transfer and the Older Gentleman will keep the Hi-cap, or turn it in to an FFL authorized to possess them, or to a local Police or Sheriff's Station if he no longer desires to keep it. In my mind atleast there is no other option.
Then go buy some CA approved 10 round mags.
As for Criminal Charges, Felony weapons poss., poss. of an unregistered handgun (etc.) for the gun alone, and then some more due to the possession of a Hi-cap. Not worth the legal hassle and prison time if you ask me.
06-24-2008, 6:25 AM
Certainly, they need to do the transfer properly and legally at a FFL. And the new owner will need to get a 10 round magazine.
However, hanguns as a rule do not have to be registerred, as long as you aren't carrying them concealed. Until the early 90's (1994?) you could buy a handgun face to face in California without going to a FFL and many people, including me, have "unregisterred" handguns. The trigger for registerring them is when you transfer them to a subsequent owner (or if you move into the state as a new resident). There is no law against posessing high capacity magazines but there are laws addressing how and when you could of legally acquired them.
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