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View Full Version : New Resident Handgun Registration - Been 4 months, no contact!


jtippins
04-12-2009, 10:07 PM
In December I returned to Cali from GA with my Colt .10 mm Delta Elite and a new SW9VE that was given to me by my dad for Christmas.

I submitted a new resident gun registration to DOJ in Jan, called in Feb and they said they were a little behind. By the end of Feb the check had cleared the bank but still no word. Is this normal or are they about to come get all my guns :)

I have since bought three new handguns through a local dealer and DROS has given me no problems.

Thanks for the advice.

James

rabagley
04-12-2009, 10:19 PM
I didn't receive any paperwork back from my submission either. I don't think there is any.

TheBundo
04-12-2009, 10:20 PM
I don't think there is any either

thedrickel
04-12-2009, 10:35 PM
When you send in the form to register a C&R pistol purchased out of state they send you a letter back to confirm, but mine have taken up to 6 months.

PS If you already lived in CA and your dad gave you the handguns . . . he was supposed to have shipped them to your FFL in CA so you could DROS them. You're no longer a new resident handgun importer if you already live in CA when you import the handguns.

jtippins
04-12-2009, 11:38 PM
When you send in the form to register a C&R pistol purchased out of state they send you a letter back to confirm, but mine have taken up to 6 months.

PS If you already lived in CA and your dad gave you the handguns . . . he was supposed to have shipped them to your FFL in CA so you could DROS them. You're no longer a new resident handgun importer if you already live in CA when you import the handguns.

OOps... I owned one of them for 11 years and the other was a gift that Christmas. I just locked in its case and drove it on in. I haven't been denied anything lately on purchases, so maybe everything is good. But it's only been appx four months.

Thanks all for the advice.

jt

thedrickel
04-13-2009, 12:08 AM
I wouldn't sweat it, the DOJ will take just about any new pistol registration as long as it is overtly legit, they dont have the time or manpower to investigate each and every one. Call them to check on the status, you will find one lady handles all of them and she can fish yours out of the bottom of her stack. I believe the PC exempts people from prosecution for missing the personal handgun import cutoff date if they voluntarily send in the form later. Bottom line - DOJ don't care as long as the gun gets registered.

jtippins
04-13-2009, 12:19 AM
Thanks... I'm going to dig them all up now :) Whew!

bwiese
04-13-2009, 9:40 AM
Relax.

You did your job - you *filed*. It's up to the other side (DOJ) to process.

I would urge you to use caution on these two 'imported' guns in one respect however: 1st time illegal unpapered CCW of a gun not registered to you in the DROS system can more likely be charged as a felony instead of a misdemeanor. While that may likely not be an issue for you, "illegal CCW" can be result not just of 'packing' but some form of oversight resulting in inadequate locking/storage of firearm in transport.

glock_this
04-13-2009, 9:45 AM
hey.. they cashed the check :) which means they got it and accepted it

I recall my paperwork took a long time as well... but it did come in time

I bet with all the gun buying, selling, transferring, gifting these days they are waaaay behind on issues that are not time sensative

Vin496
04-13-2009, 10:08 AM
Surprised no ones brought up the fact that you broke Federal Law by bringing in the SW9VE.

You must use a FFL to transfer weapons between residents of different States. The Colt was yours before you moved out here, so that's not a problem, but the S&W wasn't.

In all honesty though, who's going to know(except everyone that reads the post,lol), as others have said Cali DoJ doesn't care as long as the gun gets registered.

bwiese
04-13-2009, 10:27 AM
Surprised no ones brought up the fact that you broke Federal Law by bringing in the SW9VE.

In all honesty though, who's going to know(except everyone that reads the post,lol), as others have said Cali DoJ doesn't care as long as the gun gets registered.

You're reading too much into it.... he is a New Resident of CA apparently, and he got the other gun from his dad while he was a resident of that other state...

Vin496
04-13-2009, 10:55 AM
You're reading too much into it.... he is a New Resident of CA apparently, and he got the other gun from his dad while he was a resident of that other state...

Yeah that's it.

Ike Arumba
04-13-2009, 5:06 PM
You must use a FFL to transfer weapons between residents of different States. The Colt was yours before you moved out here, so that's not a problem, but the S&W wasn't.

In all honesty though, who's going to know(except everyone that reads the post,lol), as others have said Cali DoJ doesn't care as long as the gun gets registered.

Do the Feds care? Once the gun is registered with Cal DoJ, is there anything else to be done to rectify the failure to bring it in through a FFL?

Geo
04-13-2009, 5:09 PM
I believe the PC exempts people from prosecution for missing the personal handgun import cutoff date if they voluntarily send in the form later. Bottom line - DOJ don't care as long as the gun gets registered.

Does anyone know if this exception is really in the PC?

Tony.
04-13-2009, 5:33 PM
It takes months after the check is cleared, but you will receive a letter from the CA DOJ with the make, model, and s/n.

Vin496
04-13-2009, 5:35 PM
Do the Feds care? Once the gun is registered with Cal DoJ, is there anything else to be done to rectify the failure to bring it in through a FFL?

I can't imagine a gun purchased legally and transfered to someone who can legally own one as being a high priority, especially amongst family.

So while the probability of some ATF agents bursting through your door to get you for the illegal transfer is extremely low, the fact is it's still Federal Law.

As for rectifying the situation, I have no idea. Best bet is don't post or talk about it.

Vin496
04-13-2009, 5:57 PM
Does anyone know if this exception is really in the PC?

Here is what I found under PC 12072

(B) Paragraphs (2) and (3) shall not apply to a person who reports
his or her ownership of a pistol, revolver, or other firearm capable
of being concealed upon the person after the applicable grace period
specified in paragraph (2) or (3) expires if evidence of that
violation arises only as the result of the person submitting the
report described in paragraph (2) or (3).

I read it as, as long as you send in the form before the State finds out some other way(i.e. you get pulled over), they can not use the the registration form against you.

ke6guj
04-13-2009, 6:00 PM
Does anyone know if this exception is really in the PC?

Yup.
12072(2)(A) On or after January 1, 1998, within 60 days of bringing a pistol, revolver, or other firearm capable of being concealed upon the person into this state, a personal handgun importer shall do one of the following:
(i) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question.
(ii) Sell or transfer the firearm in accordance with the provisions of subdivision (d) or in accordance with the provisions of an exemption from subdivision (d).
(iii) Sell or transfer the firearm to a dealer licensed pursuant to Section 12071.
(iv) Sell or transfer the firearm to a sheriff or police department.
<snip>
(3) Where a person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, acquires a pistol, revolver, or other firearm capable of being concealed upon the person that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, outside of this state, takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of the United States Code, as amended by Public Law 104-208, and transports that firearm into this state, within five days of that licensed collector transporting that firearm into this state, he or she shall report to the department in a format prescribed by the department his or her acquisition of that firearm.
(4)(A) It is the intent of the Legislature that a violation of paragraph (2) or (3) shall not constitute a "continuing offense" and the statute of limitations for commencing a prosecution for a violation of paragraph (2) or (3) commences on the date that the applicable grace period specified in paragraph (2) or (3) expires.
(B) Paragraphs (2) and (3) shall not apply to a person who reports his or her ownership of a pistol, revolver, or other firearm capable of being concealed upon the person after the applicable grace period specified in paragraph (2) or (3) expires if evidence of that violation arises only as the result of the person submitting the report described in paragraph (2) or (3).edit: too slow :D

Geo
04-13-2009, 6:35 PM
Vin946 and ke6guj, thanks for the very clear replies and direction to the PC germane to this discusion. There is a big difference between 2nd-hand implicit information vs. 1st hand explicit information (implicit can often get you ef'd).

You guy's rock!

sreiter
04-13-2009, 6:52 PM
i was here for a year before i sent mine in, doj said "no problem, the time frame on the PC is just a suggestion as long as you havent been charge with anything.). so i wouldnt worry. oh, and yes, the PC above is 100% right - DOJ said they cant bust you for submitting late if the only way they knew you submitted late was by you submitting) -

jtippins
04-13-2009, 11:20 PM
That's good to know... I am still 'active' LE from my home state - spend several months active there per year - still have creds - so I didn't think it would be an issue.

Thanks for all your help. Makes me feel ok - have been watching this white van across the street very carefully lately. Found it was a man trying to sell cleaners :)

Thanks again everyone.

BTW - this would be a good resource for new residents, esp those coming from the South where you get a pistol when you enter grade school - sorta required.

i was here for a year before i sent mine in, doj said "no problem, the time frame on the PC is just a suggestion as long as you havent been charge with anything.). so i wouldnt worry. oh, and yes, the PC above is 100% right - DOJ said they cant bust you for submitting late if the only way they knew you submitted late was by you submitting) -