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Bill Walton
04-04-2009, 9:14 AM
A friend of mine, we'll call him Jim, bought a pistol from a friend of his about 5 years ago and didn't do any DROS paperwork or register it or anything like that. He didn't know about the law regarding firearms.

The gun was given to Jims friend by that friends uncle around 1993, and the uncle had bought it new.

What I'm trying to figure out is the best way for Jim to register the handgun in his name. I know there was a year when handgun registration became mandatory. If this gun was purchased by the uncle prior to the year when handgun registration was mandatory, and therefore not ever registered to anyone, can Jim simply fill out a form and send it to the DOJ stating that he's the owner, and that he'd just never registered it before?

sac550
04-04-2009, 10:25 AM
There is no hand gun registration requirement. It is not a crime to possess a concealable firearm that is not registered to you (unless it is an AW). The only time it becomes a problem is if you are committing a misdemeanor violation of Penal Code section 12025 or 12031, then per 12025b6 and 12031a2f it can be charged as a felony. However, if he wanted to register it with DOJ (WHY) he could do a voluntary reg or just have the original owner PPT it to him. Since he is family he shouldn't mind.

hawk1
04-04-2009, 10:38 AM
There is no hand gun registration requirement. It is not a crime to possess a concealable firearm that is not registered to you (unless it is an AW). The only time it becomes a problem is if you are committing a misdemeanor violation of Penal Code section 12025 or 12031, then per 12025b6 and 12031a2f it can be charged as a felony. However, if he wanted to register it with DOJ (WHY) he could do a voluntary reg or just have the original owner PPT it to him. Since he is family he shouldn't mind.


Really? No handgun registration requirement? Even for his/their illegal purchase after the 92 date? How about the Feds? No requirement there either?

You need to keep in mind the handgun in question was illegally transferred 5 years ago when mandatory registration is required.

The 'fix' is not that cut and dry and doesn't take away from the illegal act committed to start with.

DDT
04-04-2009, 12:11 PM
What is the statute of limitations on DROS/Transfer violation?

leitung
04-04-2009, 12:45 PM
If it's a felony, it's 3 years..

I would not register it, I know many people who do not have registered handguns, usually they are guns from the 60's and 70's. There is no legal requirement to register.

Sadly, there are many people who have comitted felonys without even knowing it, the come from states where it's perfectly legal to transfer firearms without paperwork, also there are many who didn't get the memo when we changed the law in 1991. Part of the problem with such complex firearms laws.
Part of the reason I try to get people to at least come over and read CalGuns.net, if you are going to own guns in this state you got to know the law.

bwiese
04-04-2009, 3:46 PM
Best: Jim and his friend should go back, clean things up & execute a PPT at an FFL, pay the $35 and wait the 10 dyas.

If that isn't available (Jim's friend not around, etc.) it seems DOJ's policy is primarily "to get the books straight" without jumping on folks.

Jim should then file a voluntary registration on it (do not misstate/lie about any facts) and pay the $19 fee.

Bill Walton
04-04-2009, 5:52 PM
Best: Jim and his friend should go back, clean things up & execute a PPT at an FFL, pay the $35 and wait the 10 dyas.

If that isn't available (Jim's friend not around, etc.) it seems DOJ's policy is primarily "to get the books straight" without jumping on folks.

Jim should then file a voluntary registration on it (do not misstate/lie about any facts) and pay the $19 fee.

Jim knows that he did something illegal accidentally. He's very wary of telling the DOJ that he has been in possession of a firearm for 5 years without doing any paperwork on it.

I know it's not typical for members of this forum to advocate illegal activity, but if Jims friends uncle was the original owner, and the gun was purchased by him prior to 1992 when registration became a requirement, then there would be no registered owner of the gun right? If that's the case, couldn't Jim simply send in the voluntary registration paperwork and say that the gun has been his the whole time?

That seems like the best way to get this gun legal, while also not attracting unwanted attention from the law on him. Or are you that convinced that the government wouldn't use his admission of guilt against him?

sac550
04-06-2009, 1:20 PM
Really? No handgun registration requirement? Even for his/their illegal purchase after the 92 date? How about the Feds? No requirement there either?

You need to keep in mind the handgun in question was illegally transferred 5 years ago when mandatory registration is required.

The 'fix' is not that cut and dry and doesn't take away from the illegal act committed to start with.

Yes, there is no handgun registration requirement, either state or federal. Don't confuse a DROS done at the time of a sale with a handgun registration requirement. When you say there is a handgun registration requirement that leads people to think ANY pistol found by police that is not in CLETS as a DROS is illegal to possess. NOT so. Police can't arrest CA law when the tranfer was done. Statute of limitations is one year.

Do a vol reg with DOJ if you want. But do so with an understanding of the law. Don't believe me or anyone else on this site. Read the Penal Code.

Untamed1972
04-06-2009, 1:39 PM
So then what does that mean as far as someone moving here from out of state with handguns they owned previously? I thought they were required to register them with DOJ within 60 days?

DDT
04-06-2009, 1:47 PM
I thought they were required to register them with DOJ within 60 days?

They are. What the previous poster was trying to say is that handguns owned prior to the registration laws are grandfathered in and do not need to be registered now. There is no way to acquire or bring a handgun into CA without registration. The only way to have a handgun newer than the law without registering it is to build it yourself.

Untamed1972
04-06-2009, 1:54 PM
They are. What the previous poster was trying to say is that handguns owned prior to the registration laws are grandfathered in and do not need to be registered now. There is no way to acquire or bring a handgun into CA without registration. The only way to have a handgun newer than the law without registering it is to build it yourself.

Ahhhhh!!! gotcha....thanks for the clarification. Gonna start whittlin' me a new shootin' tonight then! LOL :thumbsup:

peanut
04-07-2009, 9:04 AM
Follow-up question:

Handguns are required to be registered within 60 days of being brought into the state (i.e. someone moves to CA) - do those weapons have to be on the roster in order to be brought into the state?

springy101
04-07-2009, 10:03 AM
Follow-up question:

Handguns are required to be registered within 60 days of being brought into the state (i.e. someone moves to CA) - do those weapons have to be on the roster in order to be brought into the state?No, bring whatever you want as long as it doesn't qualify as an assault weapon (threaded barrel), and no hi cap mags. You could also buy some highly sought after non rostered goodies and make a quick buck selling them when you get here.