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slipangle
12-31-2009, 3:32 AM
Having a hard time finding info here, my google-fu must be weak.

Situation:

A friend's father recently passed away. Among his things was a break-top 38 revolver. The origin of this pistol is unknown. My friend is uncomfortable having an unregistered pistol in the house.

What to do?

My friend is not a gun owner, and does not have a HSC, and therefore would not legally be able to take possession.

I would assume that some sort of form would need to be filled out and a check run on the pistol to determine history. I would also assume that my friend would have to get a HSC.


I was asked about the situation because my friend knows I am a handgun owner. I felt quite lame not being able to help immediately with information.

Can you guys help me get them some good information?

six10
12-31-2009, 4:51 AM
This is from the HSC study guide:


HANDGUN SAFETY IS THE LAW
The intent of the California Legislature in enacting the Handgun Safety Certificate (HSC) law is to ensure that persons who obtain handguns have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. It is not the intent of the Legislature to require an HSC for the mere possession of a firearm [Penal Code (PC) section 12800].

Someone else may have more about what that last sentence actually means, in practice.

Rob454
12-31-2009, 5:43 AM
The gun is in his posession and was his dads. To me that means its his gun.

Tarn_Helm
12-31-2009, 8:35 AM
Having a hard time finding info here, my google-fu must be weak.

Situation:

A friend's father recently passed away. Among his things was a break-top 38 revolver. The origin of this pistol is unknown. My friend is uncomfortable having an unregistered pistol in the house.

What to do?

My friend is not a gun owner, and does not have a HSC, and therefore would not legally be able to take possession.

I would assume that some sort of form would need to be filled out and a check run on the pistol to determine history. I would also assume that my friend would have to get a HSC.


I was asked about the situation because my friend knows I am a handgun owner. I felt quite lame not being able to help immediately with information.

Can you guys help me get them some good information?

California has no "registration" requirement for a handgun or a non-"assault weapon," as far as I understand the law of this state.

States like NJ have "registration."

CA merely requires you to go through certain steps during transfer of ownership.

That is not "registration."

"Registration," in my mind, means that there is an annual fee and an expiration date and that a gun or car or boat must be re-registered if or when the initial "registration" has been allowed to expire.

There might be a law governing intrafamilial transfer upon death of the family member, but there is no "registration" of guns other than CA-defined "assault weapons," as far as I understand the term "registration" in CA law regarding firearms.

Perhaps I am incorrect; if so, I would appreciate citations from CA law showing the use of the word "registration" in reference to firearms owned or transferred in CA (other than CA-defined "assault weapons").

I do not regard CA's requirement that a buyer establish a record of ownership to be the equivalent of "registration." I do hate that requirement, but that requirement is not, technically, "registration" in our ordinary understanding and usage of that term.

(Don't misconstrue what I am saying here. I still vehemently oppose what CA does require law abiding residents to do in order to legally transfer ownership of their firearms to other law abiding persons.)

Other states do have gun "registration," similar to car "registration," and in those states, the "registration" expires and the gun has to be "registered" again, just as one registers a car in this state.

CA has no such "registration," as far as I understand that term, as contextualized in my example above in which I use vehicle "registration" as the model for what "registration" is and how it works.

I hope that those who are learned on the topic of "registration" of firearms (other than CA-defined "assault weapons") clarify things.

ocspeedracer
12-31-2009, 8:46 AM
There's a for he could fill out, i think it's on the atf site or maybe some ca sight. It basically does a backround on person taking possession and checks if it's stolen.

If stolen i hear they usually just confiscate it and notify owner and that's it.

GrizzlyGuy
12-31-2009, 8:53 AM
It sounds like your friend has inherited the handgun from his father (an "operation of law" in 12078 (http://law.onecle.com/california/penal/12078.html)). Your friend does need to register it, and does need to get an HSC. See here (http://www.calguns.net/calgunforum/showpost.php?p=1092992&postcount=7) and here (http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members) for more info.

CenterX
12-31-2009, 9:27 AM
He can take the gun to the local police and get nothing, or to a local FFL and maybe get some cash, or he can sell it on CalGuns without doing any testing, transfer of ownership form or the like.

Though I've been told by several lawyers that this is not a MUST do during inheritance. And by no means list your stuff in a will!

But here is the specific section of 12078:

(c) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a firearm that is not a handgun by gift,
bequest, intestate succession, or other means by one individual to
another if both individuals are members of the same immediate family.

(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family and all of the
following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, forward by prepaid mail or
deliver in person to the Department of Justice, a report that
includes information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a description
of the firearm in question. The report forms that individuals
complete pursuant to this paragraph shall be provided to them by the
Department of Justice.
(B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.

Form can be printed from:
http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Study Guide:
http://ag.ca.gov/firearms/forms/pdf/hscsg.pdf

slipangle
12-31-2009, 11:08 AM
Thanks for those last two posts! I'll direct them to this thread. That was just the info that was needed.