PDA

View Full Version : New Residents...kind of....


08-31-2005, 9:51 PM
The California AG's website says, "If you are a new California resident and you own a handgun, you must report it or dispose of it within 60 days." Also, "Complete and submit a NEW RESIDENT HANDGUN OWNERSHIP REPORT form along with $19.00 to the Department of Justice. A separate report form and $19.00 fee is required for each handgun reported."

I originally posted the following question/scenario in a different forum, but this is the better place to get an answer, ...I think.

".....just suppose I have a hypothetical acquaintance who moved to California years ago with handguns that have basically been in storage for these many years. And suppose this acquaintance had no idea that she was to register handguns when she came to the state and now that she knows, she wants to be in compliance and wants to keep the guns. Can she throw herself on the mercy of the AG's office, fill out paperwork in order to come into compliance? How does she comply with the law with our a bunch of hassle?

I doubt these guns have seen the light of day in 25 years, but it is a significant collection that belonged to her late father who lived with her for the entire time she has been in California and she can find no evidence of any paperwork to support that he ever registered them. He was a meticulous record keeper especially at the time they moved to CA. She even has most of the original receipts he had saved from his original purchases. All hypothetically of course......"

imported_1911_sfca
09-01-2005, 7:51 AM
When did she move to California with the guns? If it was far enough back, there was no registration requirement and she would be fine.. sort of grandfathered in.

09-01-2005, 7:57 AM
She came into California with her Dad and the guns in May of 1982.

Trader Jack
09-01-2005, 8:44 AM
If it was 1982, sleep easy and forget the AG

maxicon
09-01-2005, 8:48 AM
The registration requirement started Jan 1, 1998, so guns brought in before that are exempt. Regardless, the law specifically states 2 things:

- The offense is not a "continuing offense", and statute of limitations time-out starts on the day the grace period expires. That is, if you don't register them, after the SoL expires, you're no longer in violation of the law.

- The act of registering a non-compliant handgun is not enough for them to charge someone with violating the law.

These provide something of a "safety net" for someone who's unaware of the law.

http://ag.ca.gov/firearms/dwcl/dwc.htm
...
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).

09-01-2005, 7:31 PM
Thanks everyone, I will let her know she has no issues.....now, can I ask one more ignorant question?

Can she as an ordinary citizen simply advertise and sell these hand guns to other ordinary citizens? How about some long guns she inherited as well (nothing exotic, just 4-5 hunting type guns)

09-01-2005, 9:42 PM
why does she want to be a sheep?

09-02-2005, 9:00 AM
Originally posted by Sgtar15:
why does she want to be a sheep?

This kind of a comment is a strong indicator of your own personal level of intelligence, and by that I mean low. It also indicates you make judgements and decisions without information. You have jumped to a foolish conclusion.

bwiese
09-02-2005, 9:54 AM
100@100...

Originally posted by 100@100:
Can she as an ordinary citizen simply advertise and sell these handguns to other ordinary citizens? How about some long guns she inherited as well (nothing exotic, just 4-5 hunting type guns)

No.

Calif. law says essentially all firearms must be transferred using the services of a CA FFL dealer (sometimes sheriff's office can do transfers, not sure on when/where) and all the paperwork has to be filled out, 10 day wait, etc.

Californians can not go out of state, either, and sell to a private party: these transfers must also go thru an FFL dealer in that state.

Bill Wiese
San Jose

09-02-2005, 10:14 AM
Thank you Bill, that was helpful.

I'm sure we can find a reputable dealer that will take those guns she wishes to sell on some sort of a consignment arrangement.

bwiese
09-02-2005, 11:12 AM
100@100...

Well, you can also sell these guns online at GunBroker.COM or AuctionArms.COM (both kinda like EBay for guns).

(BTW I am assuming that none of these firearms are assault weapons.)

Winning bidders will send you funds and you send the gun(s) to their FFL dealer. (CA residents ARE allowed to ship guns to any FFL dealer, in state or outside CA).

Do note that California bidders (other than FFLs dealers themselves) cannot receive handguns that are not on the state approved list of 'safe handguns'. (This does not include single-action revolvers.)

There might be some exceptions for older
"C&R" guns but I don't know thoe details, someone else can chime in....

Bill W.
San Jose

09-02-2005, 11:39 AM
No assault weapons. Just classic hunting type weapons and various handguns purchased mostly in the 60's and 70's. She will keep a couple for herself, probably a Remington pump and one of the semi-auto handguns for her own personal defense. The process of cleaning up her Dad's estate is almost done and the guns have connected her in a new way with her father. She is now interested in learning to shoot and handle them proficiently enough for her own personal defense.

I am encouraging her to keep the whole collection. I think she may be sorry later if for no other reason than sentimentality. Not only that, but even with my limited knowledge of weapons, I'm guessing that the workmanship on many of them is significantly better than you might get today; but I'm sure that is debatable. If nothing else, she is going to start with a professional appraisal so she can have them properly insured while she decides.

imported_1911_sfca
09-02-2005, 3:17 PM
Originally posted by bwiese:
100@100...
Do note that California bidders (other than FFLs dealers themselves) cannot receive handguns that are not on the state approved list of 'safe handguns'. (This does not include single-action revolvers.)

Huh? PPT are exempt from safe handgun rules, last time I checked.


l00@100, yes she can sell to another private individual.. you just have to go to a licensed dealer and have them complete the sale, with the aforementioned 10 day waiting period and DROS forms. Or you can sell them the other ways listed above.

jnojr
09-02-2005, 3:38 PM
100@100 - Please post a list of the handguns and what city they're in... I'm sure your fellow CalGunners will appreciate it http://calguns.net/groupee_common/emoticons/icon_biggrin.gif

09-02-2005, 5:07 PM
They are in Santa Monica, which, I think, is richly ironic. As I said, I am strongly encouraging her to keep them, but she is a big girl and will do what she wants.

bwiese
09-02-2005, 6:24 PM
Originally posted by San Francisco, 1911:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bwiese:
100@100...
Do note that California bidders (other than FFLs dealers themselves) cannot receive handguns that are not on the state approved list of 'safe handguns'. (This does not include single-action revolvers.)

Huh? PPT are exempt from safe handgun rules, last time I checked. </div></BLOCKQUOTE>

Perhaps I didn't make myself clear.
I was speaking in that instance about handguns sold thru GunBroker.COM to a CA resident thru FFL. These really can't be handled mail order, and must be done face-to-face PPT...

Bill Wiese
San Jose

rkt88edmo
09-03-2005, 12:27 PM
If she is selling them to raise funds then going consignment will probably take a big chunk out of that.


If she isn't worried about the funds then keep them or sell them on the cheap to happy Calgunners http://calguns.net/groupee_common/emoticons/icon_smile.gif