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View Full Version : Whats the penalty for failing to file a "new resident handgun registration" form?


Steve O
11-05-2009, 12:32 PM
I know a guy who moved form AZ a year ago, and he said he didn't know about the 90 day requirement. His pistols were FTF transfers in AZ and none of them are "in his name" that he is aware of. There just sitting in his safe, but he takes a them out to the range every now and then, and asked me the other day about the "crazy registration" laws..

M. D. Van Norman
11-05-2009, 12:43 PM
If he files the registration paperwork now, he will not be prosecuted.

Mitch
11-05-2009, 1:16 PM
Possessing an unregistered handgun is just another charge the DA will pile on to your friend should he ever be arrested for anything else. He should file as soon as possible.

bwiese
11-05-2009, 1:18 PM
It's "self-curing" in the law: once submitted, he's cleaned up the situation and can't be prosecuted/persecuted for late filing.

burl broderick
11-05-2009, 2:14 PM
.

Yes, but...

Can anyone offer the specific penalty for what I'm assuming would be a
charge of, "possession of a handgun without proper / valid registration" ?

Let's assume there are no other charges applicable.

Thanks.

.

G17GUY
11-05-2009, 2:16 PM
http://www.calguns.net/calgunforum/showthread.php?t=237586

this.

bwiese
11-05-2009, 2:33 PM
Ignore G17GUY's flippant answer above.

There is no charge for possession of an unregistered handgun.

There would be a charge of failing to register as a personal handgun importer.

It'd be a misdemeanor unless aggravating factors (prior conviction for this or other 1202X PC stuff, or in a prohibited class, or a "criminal street gang" member).

burl broderick
11-05-2009, 2:46 PM
.

Thanks, Bill.

I always assumed the DOJ registration was voluntary but haven't been able to confirm.
BTW - I'm thinking more along the lines of Grandpappy's WWII .45,
not running truckloads of AW's from here to New Mexico.

.

bwiese
11-05-2009, 2:54 PM
.
Thanks, Bill.

I always assumed the DOJ registration was voluntary but haven't been able to confirm.
BTW - I'm thinking more along the lines of Grandpappy's WWII .45,
not running truckloads of AW's from here to New Mexico.


Let's clarify - you might be missing something...

Registration for handguns that you've legally owned/acquired before 1991 is not required.

Registration for handguns for those who moved into CA with them before 1 Jan 1998 is not required.

Registration for handguns for those who moved into CA on/after Jan 1 1998 is required within 60 days of moving into the state.

burl broderick
11-05-2009, 3:01 PM
.

Gotcha.
Thanks for further clarifying.
.

paul0660
11-05-2009, 3:04 PM
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.


(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.


So, if you can figure out the statute of limitations for a violation of the handgun importation law, lay low and don't worry about it. There isn't a law against having an unregistered handgun, there are against importing it without reporting it AND for carrying it loaded and concealed. (12025)

markw
11-06-2009, 12:41 AM
Let's clarify - you might be missing something...

Registration for handguns that you've legally owned/acquired before 1991 is not required.

Registration for handguns for those who moved into CA with them before 1 Jan 1998 is not required.

Registration for handguns for those who moved into CA on/after Jan 1 1998 is required within 60 days of moving into the state.

Active duty aren't required to register either, since they don't qualify as personal handgun importers, as they aren't "residents." 12001(o)(2) specifically talks about 12001(n)(6) which is the "move into the state as a resident on or after Jan 1 1998."

riprap
11-06-2009, 3:12 AM
As a side note, some sheriffs/counties “expect” registration of handguns listed on CCW.

NSR500
11-06-2009, 4:44 AM
What about in the case of a "Dual Resident" that wants to bring their handgun into California for longer than 60 days? Would it draw and scrutiny?

gemini1
11-06-2009, 4:04 PM
Registration for handguns for those who moved into CA with them before 1 Jan 1998 is not required

Oh crap! This is what I get for not researching. When I first read about the 60 day rule, I panicked and asked the DOJ, who just told me to send in the form and fees and I should'nt have any problem. I moved back in late '96 and registered my pistol in '08.

jdberger
11-06-2009, 4:09 PM
There are some other penalties for not registering a handgun.

Should you have an unregistered handgun confiscated by the police (for whatever reason) you can't get it back (at least that's how I understand this).

Also, there's the possibility that should you have an unregistered handgun stolen, the police won't release it to you. (This I'm less sure about).

mcsoupman
11-06-2009, 4:12 PM
Oh crap! This is what I get for not researching. When I first read about the 60 day rule, I panicked and asked the DOJ, who just told me to send in the form and fees and I should'nt have any problem. I moved back in late '96 and registered my pistol in '08.

That is why we have calguns now :D

markw
11-06-2009, 6:48 PM
Oh crap! This is what I get for not researching. When I first read about the 60 day rule, I panicked and asked the DOJ, who just told me to send in the form and fees and I should'nt have any problem. I moved back in late '96 and registered my pistol in '08.

It's 60 days from when the weapon entered California, not the owner. Some people keep them out of state.

Steve O
11-06-2009, 11:23 PM
cool guys. I'll tell the guy to relax. thanks.

762cavalier
11-07-2009, 9:36 AM
There are some other penalties for not registering a handgun.

Should you have an unregistered handgun confiscated by the police (for whatever reason) you can't get it back (at least that's how I understand this).

Also, there's the possibility that should you have an unregistered handgun stolen, the police won't release it to you. (This I'm less sure about).

Wrong! you absolutely can get them back. BTDT;)