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Chitwood
05-15-2010, 2:12 PM
I moved to California many years ago, but left a small .25 pocket pistol in Texas in storage. At that time it was my only weapon and hadn't been fired in over a decade. Since last year I've gotten back into shooting and have acquired a rifle and pistol here in California, but I'm considering getting my concealed carry permit and would like to bring that little pocket pistol out of storage and into California. California law requires a new resident to report handgun ownership within 60 days of becoming a resident, but at the time of my move I was not an active shooter and never gave it a thought. What kind of hoops do I need to jump through to properly register that gun and bring it into California?

bwiese
05-15-2010, 3:35 PM
If you moved to CA/acquired CA residency before Jan 1 1998, you were not required to report handguns owned.

For such persons, the locations of their handguns is/was unimportant, and you are allowed to bring your own handguns to & from CA.

As such, you can go fetch your handgun. There is no Rostering requirement for folks moving into CA with handguns they own - then or now.

[If you established residency after 1/1/98, filing a report now (with $19) will clear up any prospective situation. ]

Wholly separate from the above: some? many? locales issuing CCWs in CA may require handguns listed on the CCW card to be Rostered/approved, so it's unlikely your little .25ACP (I'm guessing a Beretta 25, or a Browning Baby or an FIE TItan clone thereof) would be - given time span, etc.

We could also go into discussions of appropriateness of 25ACP for personal protection (some informed folks think even 22LR is better!) - but then, the first rule of self-defense is "have a gun!"

gunsmith
05-15-2010, 4:07 PM
you may wish to report it to the DOJ anyway, to be on the safe side.
This way if you get caught with it and local DA decides to prosecute as illegal ccw then its a misdo not a felony. afaik ianal its only a felony if it DOJ is unaware you own it.

I used to own a FIE TItan clone , sweet little gun, no mag disconnect. as far as stopping power? personally I would hate to shot with one!

Chitwood
05-15-2010, 4:11 PM
Wholly separate from the above: some? many? locales issuing CCWs in CA may require handguns listed on the CCW card to be Rostered/approved, so it's unlikely your little .25ACP (I'm guessing a Beretta 25, or a Browning Baby or an FIE TItan clone thereof) would be - given time span, etc.

Good point - it's a 30+ year old Armi Tanfoglio Giuseppe GT27 (cheap but it's never misfired). I'll check out my local CCW requirements.

I'm worried that if I file a New Resident Handgun Ownership Report in order to bring the gun into the state, they'll see my Cal Driver's License is 7 years old and give me trouble. I can't find anything on the Cal DOJ website that addresses this situation.

The implication is that it doesn't matter whether you actually bring the gun into the state or not, you have to register all the handguns you own when you become a resident. Since I wasn't an active shooter and since Texas has no such restrictions, it never entered my mind until I began shooting again and found out about the law. May have to just give it to my dad in Texas and buy something better! :)

gunsmith
05-15-2010, 4:29 PM
naw, nothing to worry about afaik, there shouldn't be any law about you leaving a handgun at dads house in another State, I've moved back and forth from NV a number of times and reported my guns, DOJ really didn't give a rats azz. Probably only if you were selling guns above a certain number you might get flagged.

bwiese
05-15-2010, 4:43 PM
I'm worried that if I file a New Resident Handgun Ownership Report in order to bring the gun into the state, they'll see my Cal Driver's License is 7 years old and give me trouble. I can't find anything on the Cal DOJ website that addresses this situation.

If you were residing here before 1998, you don't have to file this.

You could, if you cared to, file a Voluntary Handgun reg.

The advangate of a registered handgun is if you somehow accidentally transport it inappropriately, the initial charge should be a misdemeanor, while if not registered to you it likely will be filed as a felony - esp in metro areas.


The implication is that it doesn't matter whether you actually bring the gun into the state or not, you have to register all the handguns you own when you become a resident.

Wrong. Hundreds of thousands if not millions of handguns brought into California by their owners moving in before 1/1/98 are not registered. There was no requirement to do that. And paper-free/FFL-free private party transfers in CA before 1/1/91 were perfect legal - you could buy a gun in a parking lot. Many of us did, and many of us own pre-91 handguns that are not 'papered' - perfectly legal.

If you moved to CA/established residency before 1/1/98 and did not bring your handgun, fine. It's your handgun and you can bring it in anytime.

From a practical standpoint - disregarding all the above - there's a provision in the law that 'cleans up' late registrations (i.e., makes a late filing nonincriminating). And anecdotally, we hear DOJ is happy to just process paper and get the $19 fee and get the gun associated with its owner.

So don't work yourself up in a sweat.

blackbox
05-15-2010, 9:07 PM
Good point - it's a 30+ year old Armi Tanfoglio Giuseppe GT27 (cheap but it's never misfired). I'll check out my local CCW requirements.

I'm worried that if I file a New Resident Handgun Ownership Report in order to bring the gun into the state, they'll see my Cal Driver's License is 7 years old and give me trouble. I can't find anything on the Cal DOJ website that addresses this situation.

The implication is that it doesn't matter whether you actually bring the gun into the state or not, you have to register all the handguns you own when you become a resident. Since I wasn't an active shooter and since Texas has no such restrictions, it never entered my mind until I began shooting again and found out about the law. May have to just give it to my dad in Texas and buy something better! :)

This is not correct. The 60 days is from the time the handgun enters the state. The form is called the "New Resident Handgun Ownership Report", but that is (intentionally?) misleading on the part of the CADOJ.

(2) (A) On or after January 1, 1998, within 60 days of bringing a
handgun into this state, a personal handgun importer shall do one of
the following...


It is perfectly legal to store handguns you owned before becoming a CA resident out of state, and bring them in whenever you want. If you sell them within 60 days of bringing them in, you don't even need to fill out the form.

Quiet
05-15-2010, 9:52 PM
I'm worried that if I file a New Resident Handgun Ownership Report in order to bring the gun into the state, they'll see my Cal Driver's License is 7 years old and give me trouble. I can't find anything on the Cal DOJ website that addresses this situation.

CA laws [PC 12072(f)(4)(A)&(B)] says they can't give you grief if you file after the 60 day time period.

Penal Code 12072
(f)(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.
(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).