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View Full Version : how long can you wait to register handguns when you move to CA?


gunsmith
07-10-2008, 1:21 PM
I have not had the money to register my handguns.
Also, I have some in storage in Reno and have not moved them into CA, can I register them next year if I decide to stay?
THANKS!

tmuller
07-10-2008, 1:29 PM
60 days IIRC

zinfull
07-10-2008, 1:32 PM
60 days.

Firearms Information for New California Residents

Handguns

Any person who moves into California and who brings any pistol, revolver, or other firearm capable of being concealed upon the person is considered to be a "Personal Handgun Importer" and is required to do one of the following within 60 days:


Complete and submit a NEW RESIDENT HANDGUN OWNERSHIP REPORT form along with $19.00 to the Department of Justice. A separate report form and $19.00 fee is required for each handgun reported. NEW RESIDENT HANDGUN OWNERSHIP REPORT forms can be obtained from California Department of Motor Vehicles' offices, licensed firearms dealers, local police and sheriff's departments, the California Department of Justice Bureau of Firearms at (916) 263-4887, and from the Online Forms Page (http://ag.ca.gov/firearms/forms/) at this site.


per the doj

jerry

USN CHIEF
07-10-2008, 1:41 PM
I called DOJ BoF on this same issue back when I first got orders to CA in 2006. I was told since I was Active Duty Military that I did not need to registered any of my "NON AW" guns and that for people not active duty military that as long as they were registered before they got pulled over by the police they were good to go.

gunsmith
07-10-2008, 1:46 PM
so, it looks as if I do not import my other handguns that I will be able to bring them later in the year when I have more money/safe etc?

Suvorov
07-10-2008, 3:01 PM
Other than turn a misdemeanor into a felony for unlawful concealed carry, what does the PC say is the punishment for failing to register your handguns when you move into the state?

zinfull
07-10-2008, 3:22 PM
12072

(4)(A) It is the intent of the Legislature that a violation of paragraph (2) or (3) shall not constitute a "continuing offense" and the statute of limitations for commencing a prosecution for a violation of paragraph (2) or (3) commences on the date that the applicable grace period specified in paragraph (2) or (3) expires.
(B) Paragraphs (2) and (3) shall not apply to a person who reports his or her ownership of a pistol, revolver, or other firearm capable of being concealed upon the person after the applicable grace period specified in paragraph (2) or (3) expires if evidence of that violation arises only as the result of the person submitting the report described in paragraph (2) or (3).
(g)(1) Except as provided in paragraph (2), (3), or (5), a violation of this section is a misdemeanor.

If you get caught and you are not a prohibited class it is a misdemeanor. If you file at a later date and that is how they find out about the gun then they can not charge you because of the the paper work.

Jerry

Suvorov
07-10-2008, 3:29 PM
If you get caught and you are not a prohibited class it is a misdemeanor. If you file at a later date and that is how they find out about the gun then they can not charge you because of the the paper work.

Jerry


A misdemeanor meaning....... :confused:

Vectrexer
07-10-2008, 5:19 PM
I called DOJ BoF on this same issue back when I first got orders to CA in 2006. I was told since I was Active Duty Military that I did not need to registered any of my "NON AW" guns and that for people not active duty military that as long as they were registered before they got pulled over by the police they were good to go.


Sort of acceptable if their original state of residence was something other than California. But I wouldn't push it.

If the person changed their state of residence to California while in the military I am sure they would be expected to comply with state laws unless their specific job duties supported some other exemption.

gunboat
07-10-2008, 5:25 PM
How would anyone know you are new resident ?

deleted by PC police
07-10-2008, 6:24 PM
I waited like 4 years to register mine, I would not have done it had they not pressed charges on that guy in new york who defended his home with an un-registered gun. I really wish I had not registered them.

dustoff31
07-10-2008, 6:32 PM
It's 60 days from the day the GUN becomes a resident.

If it's still in storage in Reno. No problem.

happy_gunner
07-10-2008, 8:03 PM
it's not illegal untill you get caught.:D

gunboat
07-10-2008, 8:33 PM
I don't wish to be dull here but, how does anyone know when the weapon became a resident ? That is, if the weapon is older than the registration rules.

sb_pete
07-10-2008, 9:13 PM
I don't wish to be dull here but, how does anyone know when the weapon became a resident ? That is, if the weapon is older than the registration rules.

That is a great question actually. Although there is certainly potential for abuse. Lets say, for example, that you drove back to wherever out of state, picked up the guns and drove them back in. You now have 60 days to register them. If you were pulled over or LEO's found and checked the guns for whatever LAWFUL reason, they would find that
A. You have been in state for more than 60 days.
B. The handgun is not registered.
You could then tell them that you just brought it in and haven't yet registered it. They may or may not still give you a ticket.

**UNINFORMED CONJECTURE AFTER THIS POINT**
I would imagine at that point, if they had given you the ticket, it would be much like a fix it ticket - like if your car had expired registration because of inability to pass smog. As long as you pay your fees and get it fixed, it is a fix-it ticket. If you do not, it becomes a driving an unregistered car misdemeanor (this I have actually experienced:().
So I imagine it would be up to you to then register the weapon and take the proof of registration along with the ticket into the court arraignment, explain your situation and the ticket would be invalidated. There would probably still be some kind of "processing fee."

That last part is a total guess though. Anyone else have more solid info for this type of scenario?

-Pete

tazmanian devil dog
07-10-2008, 9:28 PM
What if you had handguns in storage out of state (hypothetically of course) but you had moved here six months ago? I think the law implies when you first import the handguns into the state, not necessarily from when you first moved here. So couldn't you legally have moved here six months ago and then decide to get your guns out of storage, bring them here and then register them within the 60 days?

X-NewYawker
07-10-2008, 9:35 PM
I'm sorry -- do we actually have "handgun registration" in California? I mean, if you have a gun you've owned in CA since 1979 -- and get pulled over -- where is it down as "regisitered?"

I'm curious because I'm always hearing about Rappers and actors getting arrested with "unregistered handguns" and I always assumed it was because t hey were carrying on their person -- Please clarify how the LEO who pulls you over would know your handguns came from another state?

gunboat
07-10-2008, 10:10 PM
XNY -- Thank you -- you put the issue much clearer than I did --

sb_pete
07-10-2008, 11:57 PM
I'm sorry -- do we actually have "handgun registration" in California? I mean, if you have a gun you've owned in CA since 1979 -- and get pulled over -- where is it down as "regisitered?"

I'm curious because I'm always hearing about Rappers and actors getting arrested with "unregistered handguns" and I always assumed it was because t hey were carrying on their person -- Please clarify how the LEO who pulls you over would know your handguns came from another state?

After a fashion, yes. If you buy a new handgun in this state, it gets registered. If you bring in a handgun from out of state, it is supposed to be registered. This is why when I was pulled over recently, the officer knew I owned handguns.

If you owned one from before all this bs brewhaha came into being, then, to the best of my knowledge, no you are not required to go register it (that said, I am not in such a fortunate position, so I have never really looked into this and may be wrong).

-Pete

gunboat
07-11-2008, 12:36 AM
sb P -- ok -- but did he know which handguns you owned? I know that even in the 50's when you bought a handgun from a dealer it was defacto registered. However FTF sales were not. How old and concise are the states records? For example is officer blue going to know I own Colt SA xxxxx and P-38 cvq 5xxxx?

gunsmith
07-11-2008, 12:20 PM
"I would not have done it had they not pressed charges on that guy in new york who defended his home with an un-registered gun. I really wish I had not registered them.
Reply With Quote"

I think you mean the Dixon case, a little different here in CA.
AFAIK, IANAL I think if you if you move here and don't report your guns (defacto registration) that they only charge you if they are loaded and they catch you out side the home without a CCW, for instance a trip to the range with them unloaded in a locked bag
is fine and also loaded in your home is also fine. Again AFAIK.

sb_pete
07-11-2008, 12:47 PM
sb P -- ok -- but did he know which handguns you owned? I know that even in the 50's when you bought a handgun from a dealer it was defacto registered. However FTF sales were not. How old and concise are the states records? For example is officer blue going to know I own Colt SA xxxxx and P-38 cvq 5xxxx?
Not sure. I've heard from others on this board that they do actually know and can read off over the radio each make and model. Be interesting to hear from an LEO on the matter though. Can anyone confirm?
-Pete

lmudave
07-11-2008, 1:00 PM
This is one of those very hazy subjects... I personally inherited over 20 guns from Texas when I was about 16 years old... I brought them into California and have been told about 20 different things. Some say they all have to be registered, handguns AND long guns. Some say only handguns, Some say that since they are from the 1980s and earlier they don't need to be registered at all. Nobody seems to know really. Now I wonder, if I were to go and try to sell one of these guns, does it have to be registered in my name? Not a single gun shop I have ever visited has been able to give me an answer.

gunsmith
07-11-2008, 3:51 PM
why can't the DOJ simply tell us? Some of us can't afford a lawyer every time they look at a gun.

Mac Attack
07-11-2008, 4:45 PM
This is interesting. I am moving from a state where it is legal for a person to transfer ownership of a firearm (non C3 stuff ofcourse) to another without the requirement for registration.

Over the years I have purchased and sold man handguns with nothing more than a handshake. If I was to be found with one of these h andgun in CA without registering it, how would they know it was not registered?

I hate to think that I have to pay a $19/handgun registration fee. That's a whole lot of registration fees I will have to pay :). Does this fee apply to rifles and shotguns as well????????

gunsmith
07-11-2008, 10:07 PM
according to the forms I have, no...
long guns are only voluntary

Tony.
07-11-2008, 10:27 PM
Over the years I have purchased and sold man handguns with nothing more than a handshake. If I was to be found with one of these h andgun in CA without registering it, how would they know it was not registered?

After you register your handguns, you will receive a letter from the DOJ for each one listing the make, model and serial number. If you get pulled over with a handgun, they will run the serial number, if it is not registered you will be charged with having an unregistered handgun.

I am in the same situation as you, only I left the majority of my handguns in a safe place out of state and only brought in a handful that I registered.

Suvorov
07-12-2008, 7:45 AM
if it is not registered you will be charged with having an unregistered handgun.

I am in the same situation as you, only I left the majority of my handguns in a safe place out of state and only brought in a handful that I registered.


There are probably millions of legally owned, unregistered handguns in this state. How are they going to know yours is not one of them? Having an unregistered handgun (unless you are popped for unlawful concealed carry) is NOT a crime.

The last part makes the most sense, especially if you don't plan on staying long (of course I thought the same thing and it has been 10 years now).

nobody_special
07-12-2008, 3:56 PM
I'll be moving to California in November. I will not register any firearm, period. In a hostile state such as California, this is doubly true. The only reason for such registration is to put me on a list of "undesirables" -- a list I do not wish to be on.

I also do not wish to break the law, so at the moment I'm planning to leave my handguns out of state. Those plans are subject to change, especially with any post-Heller developments... but I don't expect the registration requirement to be overturned.

gunsmith
07-14-2008, 1:41 PM
nobody, you don't have anything to worry about, registration is only for guys like me who can not get a ccw because they live in SF or the like.
If caught with a loaded gun outside the home it is a misdo, unless it is unregistered then its a felony.
If I use the illegally concealed weapon to defend myself and it is a good shoot then I'm also in the clear and they cannot prosecute.