PDA

View Full Version : Question About Certified Handgun Law


jyl
10-28-2005, 9:06 PM
There is something I do not understand about the handgun certification law in CA.

The law says:

12125. (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

So an uncertified handgun cannot be manufactured in CA, sold or given or lent in CA, or imported "for sale" into CA.

But does this prohibit an uncertified handgun from being imported not "for sale", e.g. for personal use?

Suppose a resident of another state visits CA for a short period, and brings an uncertified handgun. Is that legal?

Suppose a resident of another state becomes a resident of CA, and brings his uncertified handgun, for his personal use, never selling or giving or lending it. Is that legal? (I understand he becomes a "personal gun importer" and has to register his handguns.)

Suppose a resident of CA purchases an uncertified handgun in another state, and brings it into CA for his own personal use, never selling or giving or lending it. Is that legal?

I must say, I'm spending more time trying to understand the CA laws than actually shooting at the range.

jyl
10-28-2005, 9:58 PM
Okay, thanks. That clarifies it for me.

Edit: I think I understand further, as follows. Federal law says that a person may only purchase a handgun through a FFL dealer in that person's state of residence. So it is not CA law that prevents a CA resident from purchasing a handgun in another state, it is Federal law that prevents this. Do I have it right?

Librarian
10-29-2005, 8:09 AM
Do I have it right? Yes. Federal law says you have to buy from an FFL doing business in your state of residence. California law sets the rules for us.
18 USC 922 (b)(3) (http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html)(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;
[B](3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located,
except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States),
and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;