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View Full Version : I know a guy... (handgun regstration question)


Snarky
06-23-2009, 8:58 AM
A friend says he obtained a S&W Model 66 in stainless in 1982 at a gunshow in Florida. He says his girlfriend bought it for him. He relates to me that he then carried the weapon into the sacred territory of California and never bothered to register it. Yes, I know, its completely barbaric and heinous behavior.

Apparently this revolver is very handy when shooting .38 Special or .38 +P.

What can this wayward individual do to make this weapon righteous in California? If it cannot be made lawful in California, can it be transfered to someone out of state? Must it be turned in to local LE folks for disposal?

What is the right thing to do? This person doesn't want to break any laws whatsoever beyond the obvious ones already abused.

Scott

Suvorov
06-23-2009, 9:41 AM
As long as he brought the handgun into the PRK prior to 1998, then there was no requirement for it to be registered. He is good to go as long as he is not otherwise prohibited from possession. If he brought the firearm into the PRK after Jan 1998, then he needs to fill out a voluntary registration or sell it to an FFL or transfer it through an FFL or sell/turn it into a law enforcement agency. Strictly he has 60 days from the time of importation to do one of the above but the DOJ will not go after him simply for filing the registration late.

Snarky
06-23-2009, 10:27 AM
As long as he brought the handgun into the PRK prior to 1998, then there was no requirement for it to be registered. He is good to go as long as he is not otherwise prohibited from possession. If he brought the firearm into the PRK after Jan 1998, then he needs to fill out a voluntary registration or sell it to an FFL or transfer it through an FFL or sell/turn it into a law enforcement agency. Strictly he has 60 days from the time of importation to do one of the above but the DOJ will not go after him simply for filing the registration late.

Wow thanks for the information. The weapon was "imported" in 1982 so per your description no paperwork seems to be required. I guess the owner just needs to get the Handgun Safety Card. That is good news thanks.

Suvorov
06-23-2009, 10:36 AM
Wow thanks for the information. The weapon was "imported" in 1982 so per your description no paperwork seems to be required. I guess the owner just needs to get the Handgun Safety Card. That is good news thanks.

Unless the owner intends on purchasing a new handgun, there is no need for him to get an HSC. An HSC is NOT required to own a handgun.

Suvorov
06-23-2009, 10:38 AM
One question? Was the person a California resident prior to importing the handgun into the PRK?

If so, and his girlfriend gave it to him, this may have federal out of state transfer complications that are above my pay grade. Keep in mind however that person to person transfers were legal in the PRK prior to 1991 without need for registration.

Snarky
06-23-2009, 10:49 AM
Honestly the gun was purchased at a Florida gunshow by the girlfriend who was a Florida resident and she showed her Florida drivers license for the purchase. She subsequently gifted the weapon to the current owner, a lifetime California resident. The gifting took place in Florida. The weapon was then brought to California by the California resident.

The owner wants no trouble and will do whatever must be done to make things legal including disposal to LE. The gun is to be fired on a military pistol range and so must be squeeky clean.

Thanks for taking time to attempt to straighten out this poor miserable fellow. :D

CSDGuy
06-23-2009, 10:57 AM
If the original transfer was OK in 1982, then he'd have no worries about it. If he was, at the time of the gift, a Florida resident... Otherwise, you've documented a possible illegal transfer of a firearm from one state resident to another without having an FFL be present to effect the transfer. It's also entirely possible that the statute of limitations on this may have run out... I do not know. I'm not an expert in this field.

Basically, however, the state of the law in 1982 would control/drive this, not 2009 law... at the Federal and State level.

Snarky
06-23-2009, 11:03 AM
Sounds to me like he should turn the weapon in, there are amnesty programs here locally. He could find another similar weapon on gunbroker.com or something and not have any questions come up at the range or in transit to the range etc. Thanks.

dfletcher
06-23-2009, 11:24 AM
I really wouldn't address the "how he got it" question only the here & now because the here & now can be made right. If she bought the gun in FL in '82 and he (CA resident) was with her - bad call. But that's a federal issue from long ago. If she bought the gun in FL in '82 and she came back to CA with him and they lived in CA for a bit, then she left - OK I guess.

I would do the $19.00 self register with the state of CA & close the book on the wandering gun.

wildhawker
06-23-2009, 12:09 PM
http://ag.ca.gov/firearms/forms/pdf/ab991frm.pdf

Librarian
06-23-2009, 12:12 PM
Sounds to me like he should turn the weapon in, there are amnesty programs here locally. He could find another similar weapon on gunbroker.com or something and not have any questions come up at the range or in transit to the range etc. Thanks.

You forgot your smilies.:) Since firearms need not be registered, there will be no 'questions'. See http://wiki.calgunsfoundation.org/index.php/Firearms_registration

I really wouldn't address the "how he got it" question only the here & now because the here & now can be made right. If she bought the gun in FL in '82 and he (CA resident) was with her - bad call. But that's a federal issue from long ago. If she bought the gun in FL in '82 and she came back to CA with him and they lived in CA for a bit, then she left - OK I guess.

I would do the $19.00 self register with the state of CA & close the book on the wandering gun.

I wouldn't bother. There's no California record of the gun, and there need not be, unless he chooses to get CCW and carry it.

john323
06-23-2009, 12:20 PM
BAD GUN! BAD GUN! Just turn it over to me. I'm retired LE. Before you do anything check out " firearm ownership record " on the DOJ web page . Form # FD 4542A ( 10/04 ). John

Sig226
06-23-2009, 1:59 PM
I'd look into the statute of limitations myself depending on the actual circumstances federally--locally you seem golden.....


One more thing to add--- if your friend ends up "able" to keep it please inform him that if he ever "un-intentionally" (or otherwise) carries it concealed without a valid CCW permit it would be a felony and not just a misdemeanor. (2nd offense w/ papered pistol is felony...)