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Bruce
04-20-2010, 7:58 PM
Can somebody point me to some authoritative section that explains what the Firearms Ownership Record is to be used for. I have couple of cop friends who swear it's legal to use it and pay $19 per gun for a PPT, rather than go through a dealer at $35 a pop.

easy
04-20-2010, 9:34 PM
http://ag.ca.gov/firearms/pubfaqs.php#7

3.What is the process for purchasing a firearm in California?
All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption.

As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.

Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).

(PC Section 12071)

ke6guj
04-20-2010, 9:44 PM
Can somebody point me to some authoritative section that explains what the Firearms Ownership Record is to be used for. I have couple of cop friends who swear it's legal to use it and pay $19 per gun for a PPT, rather than go through a dealer at $35 a pop.

well, they are wrong.

Here is the law that says you must do a PPT through a dealer.


12082. (a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Section 12071 in accordance with this section in order to comply with subdivision (d) of Section 12072. The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm. The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with subdivision (c) of Section 12072. If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 12071 and 12072, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of subdivision (a) of Section 12072. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county who shall then dispose of the firearm in the manner provided by Sections 12028 and 12032. The purchaser or transferee or person being loaned the firearm may be required by the dealer to pay a fee not to exceed ten dollars ($10) per firearm, and no other fee may be charged by the dealer for a sale, loan, or transfer of a firearm conducted pursuant to this section, except for the applicable fee that the Department of Justice may charge pursuant to Section 12076. Nothing in these provisions shall prevent a dealer from charging a smaller fee. The fee that the department may charge is the fee that would be applicable pursuant to Section 12076, if the dealer was selling, transferring, or delivering a firearm to a purchaser or transferee or a person being loaned a firearm, without any other parties being involved in the transaction.

there is no "Firearms Ownership Record" exemption to 12082. That said, CADOJ has basically taken the position that if a paperless transfer has occured in the past, they will accept that "Firearms Ownership Record" form to put that handgun back on the books. They'd rather get that handgun back "into the system" so that the next transfer would hopefully be done legally, than to deem that handgun forever contraband and make sure that any future transfers happen on the black market.

Mssr. Eleganté
04-20-2010, 9:48 PM
California Penal Code Section 12078(l) requires that CalDOJ have a way for people who are exempt from California's dealer transfer requirements to register their acquisition, ownership or disposal of a handgun. That's probably the reason they came out with the Firearms Ownership Record and the No Longer In Possession report.

CPC §12078(l) A person who is exempt from subdivision (d) of Section 12072 or is otherwise not required by law to report his or her acquisition, ownership, or disposal of a handgun or who moves out of this state with his or her handgun may submit a report of the same to the Department of Justice in a format prescribed by the department.

Your cop friends probably think it is legal because they know people who have done it and not been charged with a crime. There is anecdotal evidence that CalDOJ would rather just register firearms and collect the $19 per gun than try to prosecute people for the illegal transfer. But that doesn't mean the transfer is legal. And if CalDOJ ever did decide to prosecute you for an illegal transfer done via the Firearms Ownership Record, you will have already provided them with all the evidence they need for a conviction by sending in the report.