View Full Version : gun registration
10-16-2009, 11:26 AM
Do I understand the California laws correctly that all handguns must be registered? I am moving back after being away for 5 years, and have question about the murky laws of California.
10-16-2009, 11:27 AM
All must be registered.
10-16-2009, 11:48 AM
It is a bit untrue to say 'all handguns must be registered'. The pertinent code for new residents brining in handguns is as follows.
PC 12072. 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.
As used in this chapter, a "personal handgun importer" means
an individual who meets all of the following criteria:
(1) He or she is not a person licensed pursuant to Section 12071.
(2) He or she is not a licensed manufacturer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
(3) He or she is not a licensed importer of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(4) He or she is the owner of a handgun.
(5) He or she acquired that handgun outside of California.
(6) He or she moves into this state on or after January 1, 1998,
as a resident of this state.
(7) He or she intends to possess that handgun within this state on
or after January 1, 1998.
(8) The handgun was not delivered to him or her by a person
licensed pursuant to Section 12071 who delivered that firearm
following the procedures set forth in Section 12071 and subdivision
(c) of Section 12072.
(9) He or she, while a resident of this state, had not previously
reported his or her ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning him or her and a description of the firearm.
(10) The handgun is not a firearm that is prohibited by
subdivision (a) of Section 12020.
(11) The handgun is not an assault weapon, as defined in Section
12276 or 12276.1.
(12) The handgun is not a machinegun, as defined in Section 12200.
(13) The person is 18 years of age or older.
(o) For purposes of paragraph (6) of subdivision (n):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of members of the Armed Forces of the United
States, residency shall be deemed to be established when he or she
was discharged from active service in this state.
Are you moving here as a 'resident'? As above moving here due to military orders not necessarily make you a resident.
VC 12505. (a) (1) For purposes of this division only and
notwithstanding Section 516, residency shall be determined as a
person's state of domicile. "State of domicile" means the state
where a person has his or her true, fixed, and permanent home and
principal residence and to which he or she has manifested the
intention of returning whenever he or she is absent.
I love penal code. :cool:
10-16-2009, 12:28 PM
Do I understand the California laws correctly that all handguns must be registered? I am moving
back after being away for 5 years, and have question about the murky laws of California.
Yes and no.
Your situation is interesting in that you are moving back to California.
Any guns [other than special case of assault weapons, NFA guns etc.] you already owned in California before moving out and then back - and which were not registered the first time around - would not have to be registered.
Any guns that you bought in CA and were already DROSed/papered to you during your first stint in CA would also not have to be (re)registered upon your return/residency to CA.
Many, many folks acquired handguns legally thru unregulated paperfree private transfers on or before Jan 1, 1991. Many other folks moved into CA with handguns before Jan 1., 1998. In such cases, these handguns would not have had to be ever registered and thus would not require registration to continue to possess.
Any new handguns you acquired outside California (i.e., after you moved out of CA) will have to be registered in CA within 60 days of your return to CA/residency.
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