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weezil_boi
07-19-2008, 12:35 PM
OK, a buddy at work has a pistol that his dad owned nad just gave to him many years ago. Its just a little .22.

Basically, he's had it in his possession for about 10 years now, but his dad purchased this thing back in the mid 60s and of course no registration at that time. So, now that his Dad has passed away, what can he do? Is the death certificate and a statement that he was given the gun by his dad enough?

He was about to just surrender it to police to get destroyed until I urged him to hold off till I could post here for some ideas.

Thanks guys...

Mssr. Eleganté
07-19-2008, 1:27 PM
First he needs to get a Handgun Safety Certificate. Then all he needs to do is send in this form...

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

to CalDOJ along with $19 and the gun will be registered to him.

If his dad gave him the handgun before 1991 and they were both residents of California at the time then he doesn't need to do anything.

Guntech
07-19-2008, 1:39 PM
How can you prove that the father gave it to the son before 1991?

CSACANNONEER
07-19-2008, 1:42 PM
How can you prove that the father gave it to the son before 1991?

He doesn't need to prove his innocence. "They" would need to PROVE he was guilty. Also, if he owned it prior to the advent of the HSC system, he would not need to get one now unless, he is planning on buying another handgun.

Mssr. Eleganté
07-19-2008, 1:43 PM
How can you prove that the father gave it to the son before 1991?

Why would you need to prove it to anybody?

weezil_boi
07-19-2008, 6:04 PM
More details and questions... He got this gun in the mid 80s (86 he thinks), but moved on to another state, leaving it with his Dad while he worked. He has been a CA resident his whole life. He got it back when he returned to CA. Although it was not in his possesion for that entire time, it was clear that he was the owner ( Dad only kept these guns for him and sold all the rest of his guns because Grandma didnt want em around grand kids). He has never done the HSC. In fact, he didnt even know he needed one. That little pistol, and a .22 rifle are the only guns he has ever owned... both from his dad. He has never actually bought one.

So can he just fill out that form stating he owns it, and that his dad gave it to him in 86 and then he is free to do with it as he pleases?

Mssr. Eleganté
07-19-2008, 6:18 PM
If he has owned it since before 1991 and has been a California resident the whole time then he doesn't need to do anything. There is no requirement that the handgun be registered.

If he really wants it registered for some reason then he can send in the voluntary registration form to CalDOJ along with $19.

http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

bwiese
07-19-2008, 6:44 PM
AmendmentII is, as usual, correct.

No 'proof' is needed - the opposition (a DA) would have to prove otherwise (i.e, illegally transferred). Since there's no paperwork activity on this gun after 1 Jan 1991, there's no way they can do that.

Up to 1 Jan 1991, it was perfectly legal to buy a gun in CA in the back parking lot of Safeway or Albertson's (with some handwaving about locked containers).

I have a bagful of pre-1991 guns.

The only use voluntary registration of said gun would be is if somehow the owner were popped for illegal unpapered CCW/transport. Since the voluntary registration enters the gun into the DROS database, it can mitigate 1st-time charges (if gun is not reg'd to owner at time of arrest, it could well be charged as a felony).

weezil_boi
07-19-2008, 10:35 PM
question answered. Thanks guys. I'll let him know the good news.