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cazador
02-11-2009, 1:54 PM
probably a common issue - here goes.

The father of a buddy of mine passed away several years ago and when the family was cleaning out his stuff, they stumbled across a couple handguns. My buddy took the .357. He is now wondering how he can "make things legal". He has no paperwork for the gun, and really has no idea how is old man came into ownership of it. He thinks his dad may have bartered for it back in the day. He thinks his dad may have had the gun for 15+ years.

Any ideas on what he should do?

Cypren
02-11-2009, 1:59 PM
He can file a voluntary registration (http://caag.state.ca.us/firearms/forms/pdf/volreg.pdf) form with the California DoJ. While ownership of an unregistered handgun is technically a crime, the DoJ's policy is not to prosecute (http://www.calgunlaws.com/index.php/faq/64-transferring-firearms/296.html) those who attempt to correct the problem voluntarily.

M. D. Van Norman
02-11-2009, 2:03 PM
Well, Iíll be damned! :thumbsup:

DDT
02-11-2009, 2:16 PM
How many several years ago was it? If it was long enough (before 1991, I think) there is no reason to register the gun.

Cypren
02-11-2009, 5:37 PM
You are not required to register previously ownned gun is California. Only new sales or private party transfers after the law was passed.I forget what year

That's correct, but my response assumed that "several" years was something less than the 18 that would be required for the guns to be pre-1991 registration requirements. And moreover, even if they were not, the burden of proof still falls on the owner to prevent a DA from prosecuting. The DA may have the burden of proof at trial, but plenty of DAs have been willing to prosecute what they know is a losing case in order to try to force you to a settlement to avoid being bankrupted by legal fees.

It's much easier to just file the voluntary registration form, pay the application fee and avoid any questions.

bwiese
02-11-2009, 5:54 PM
The father of a buddy of mine passed away several years ago and when the family was cleaning out his stuff, they stumbled across a couple handguns. My buddy took the .357. He is now wondering how he can "make things legal". He has no paperwork for the gun, and really has no idea how is old man came into ownership of it. He thinks his dad may have bartered for it back in the day. He thinks his dad may have had the gun for 15+ years.


Filing a Vol Reg. form will clean it up.

And it helps to be DROSed in case the gun were ever accidentally transported in such a fashion that it was considered illegal CCW - because the law is a 'wobbler', guns not DROSed to the owner may result in felony charges being filed, as opposed to likely misdemeanor charges if gun is DROSed to owner.

[Is he sure the gun wasn't really his back before Jan 1 1991, and it was just stored there?]


in fact they are stored away from the papered guns


That's silly.

motorhead
02-11-2009, 8:05 PM
hell, i'm old i've got a couple in the collection that have never touched federal paper. i'm not quite sure they really exist.