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12GAUGE
01-05-2009, 6:52 PM
I use the search and had some questions were answered.
But I just need some clarification. I just recently found this site and have been thoroughly enjoying it and it got me to open the safe and just check everything in there to make sure I am compliant. I just received 3 hand guns from my uncles estate basically left to my mother and given to me. I also have 2 hand guns that I have acquired over the years but were never DROS'ed and the sellers would be near imposable to track down. Would I be safe to just file the DOJ form and pay the $19.00 per gun so I could be the legal owner.
Thanks Guys.

Librarian
01-05-2009, 7:42 PM
Yes, that would be OK, unless you were somehow ineligible to own guns. That's what's expected from an inheritance - use the OPLAW form, and it seems DOJ doesn't much worry about things sent in on the VOLREG form. Keeping up with the formalities, dotting i's and crossing t's, can be a Good Thing.

Registration of handguns really isn't much of an issue unless you want to carry concealed or if you report one stolen.

DDT
01-05-2009, 7:56 PM
I'm sure someone will chime in with the correct answer but handguns you owned before a certain date (1989?) were not required to be registered and it is voluntary for you to register them now. You can legally own them without registration. The handguns you inherited from your uncle should be
registered within 60 days of you bringing them into the state.

12GAUGE
01-05-2009, 8:01 PM
All hand guns beside 1 blackhawk are over 40 years old 2 made in the twenty's.

rayra
01-05-2009, 11:54 PM
All hand guns beside 1 blackhawk are over 40 years old 2 made in the twenty's.
It's not when they are manufactured, but when tehy came into your possession, vis a vis the change in the law requiring registration of intrafamilial transfers, which took effect in the mid-90s. If you owned such arms before then, no registration is required. If you acquired them from your mother after that timeframe and haven't yet registered them you are in technical violation. But it's up to you what you choose to do or comply with.
As for the handguns acquired via PPT, I'm not clear on the date when such transfers were mandated to take place via FFL in CA.

DedEye
01-06-2009, 12:24 AM
Is there even a punishment/penalty specified in the PC for not registering handguns post-89?

bwiese
01-06-2009, 12:59 AM
Is there even a punishment/penalty specified
in the PC for not registering handguns post-89?

No. Penalties/crimes exist for illegal acquisition/transfer of guns, not lack of registration.

If you paper-free bought a gun from your buddy after 1/1/91, you violated the illegal transfer statutes. Registration/DROS is just a side effect of a proper transfer.

wash
03-09-2009, 5:19 PM
Sorry to bring this back from the dead, but what sections of the penal code relate to handgun registration?

I would love a link.

Thanks.

Librarian
03-09-2009, 6:14 PM
Sorry to bring this back from the dead, but what sections of the penal code relate to handgun registration?

I would love a link.

Thanks.

None, under that phrasing. Isn't that special?

PC 12070 (http://caselaw.lp.findlaw.com/cacodes/pen/12070-12086.html) requires the DROS process, which is registration;
(f)(2) is the personal handgun importer, which is a "report" (registration);
12078(c)(2) is the intrafamily, "report" of handgun transfer (registration);
and Government Code says the State pre-empts lesser political subdivisions on registration 53071. It is the intention of the Legislature to occupy the whole
field of regulation of the registration or licensing of commercially
manufactured firearms as encompassed by the provisions of the Penal
Code, and such provisions shall be exclusive of all local
regulations, relating to registration or licensing of commercially
manufactured firearms, by any political subdivision as defined in
Section 1721 of the Labor Code.


But because PC doesn't actually use the word, sometimes people say CA doesn't have "registration". CA's isn't the worst possible implementation of registration, but it's real.

wash
03-09-2009, 6:38 PM
Does that mean that a long gun is registered in the same way as a hand gun in the DROS process?

I thought it was different.

I was looking up the Hawes bill of 1923, #263. It seems like the merchant doesn't have to send in registration information on long gun transfers.

If a NERF is not a handgun, I wonder if the registration information would be gathered in the same way?

I'm just thinking about this for privacy and on the off chance that it might open a door for paperless P2P transfers.

bwiese
03-09-2009, 6:47 PM
Long guns are not 'registered' even though they generally must be transferred btwn Californians using a CA FFL. (Exceptions are intrafamily transfers, inheritance/probate or operation of law, etc.)

If a long gun that was mfgd after 1/1/1991 was found in possession of someone who was a CA resident (and who hadn't r moved into CA since then) it could raise some snarky questions about illicit unpapered acquisition, and/or tracing to its source (bouncing thru mfgr + FFL books), depending on the nature & severity of the investigation.

So just don't assume that because "long guns are not registered" that you can't get in trouble with an illicit transfer.

NeRFs are not handguns for the purposes of 12125 et seq., (the "unsafe handgun" laws) - but are indeed generally handgun frames for the purposes of DROSing etc. [Broadly speaking, if a pistol-looking frame were DROSed as a long gun it could not be reassembled back into a handgun.]

Librarian
03-09-2009, 7:05 PM
I was looking up the Hawes bill of 1923, #263. It seems like the merchant doesn't have to send in registration information on long gun transfers.

Remember that was just the beginning - PC 12073|4|5|6|7 are the current laws regarding what to collect and how to transmit.

Technology has changed what and to whom things are reported.

wash
03-09-2009, 7:24 PM
I was just thinking if the new DC case trashed registration along with the roster it might make some interesting possibilities.