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View Full Version : Need Legal Advice on Selling a Handgun


lawaia
06-24-2008, 6:51 AM
Hypothetically:

Say a guy moves to California with a S&W 9mm w/ 15rd mag approx 7 years ago. He never registered the gun in CA upon moving to the great state (not intentionally breaking the law).

He now wants to sell that gun to another party in CA. Does he first have to register the handgun with CA before selling it?

Thanks for any advise. I prefer not to hear from those that are guessing, please.

redcliff
06-24-2008, 7:12 AM
In similar hypothetical cases people have just transferred the firearm to the new owner via a ffl less the magazine which they disassembled. Which, hypothetically speaking, is better than surrending to the local leo and admitting to illegal handgun importation and illegal high capacity magazine importation.

dfletcher
06-24-2008, 7:53 AM
Another hypo.

Handgun is registered in another person's name. Registered owner either can't or doesn't want to take the time to go to the gun store and sell or leave on consignment. Person B - knowing the registered owner & gun's history - brings the handgun to the gun store & puts it on consignment. Gun is sold via PPT without event. I think these sets of events have been repeated quite often.

I would think that selling a not registered handgun, minus the hi cap mag, would be a non - event.

lawaia
06-24-2008, 7:56 AM
Thanks for the replies. I just want to make sure (hypothetically) that it wouldn't get kicked back from DROS for not being registered in CA prior to the sale.

CrippledPidgeon
06-24-2008, 7:58 AM
Thanks for the replies. I just want to make sure it won't get kicked back from DROS for not being registered in CA prior to the sale.

that doesn't sound terribly hypothetical anymore...

USN CHIEF
06-24-2008, 7:58 AM
Lawaia, DOJ BoF really don't care that you have not registered your guns, as long as you register them before you get pulled over by the the Po Po you are good to go on your above questions..

lawaia
06-24-2008, 6:14 PM
Thanks, Chief.

lawaia
06-24-2008, 6:15 PM
that doesn't sound terribly hypothetical anymore...

Oops!!:rolleyes: You caught me before I could make the change.

JTROKS
06-24-2008, 6:38 PM
There are so many guns that entered the state prior to the registration regulation. So if the cops stop an individual with such a handgun and run a check on it coming up with a name that is from a different state, because it's not mandatory to use an FFL in all the states. Does that mean this guy is in trouble? Probably not as long as this person can prove ownership and entry into CA prior to the regulation. Am I mistaken?