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Operator
08-23-2010, 3:44 PM
My Brother has recently moved to CA from UT. We have been talking about properly registering his firearms including a Springfield XD SUB Compact in
.40 Turns out he was given this gun as payment for a job he did in UT a few months ago, which shouldn't be a problem, he can just file the paper work with the DOJ, but over the weekend there has been some info come to him as a rumor that this gun might be stolen from a guy in AZ...

Common sense is to take it to a "no questions asked police department." But for now there is no hard proof that it is stolen, and he didn't break and laws knowingly.

Is there a way for him to find out if it is listed as stolen?

Any advice? He would like to register it, but he may just send it to family out of state to avoid breaking CA laws.

TRICKSTER
08-23-2010, 4:10 PM
How does sending it out of state keep him from breaking any laws. Stolen property is stolen property no matter what state it's in, it is against the law to knowingly possess stolen property. Hiding property that you think may be stolen only makes you look guilty. Send in the self registration form and see what happens. http://www.ag.ca.gov/firearms/forms/pdf/ab991frm.pdf He may lose the gun and have to explain where he got it, but at least the real owner may get it back. Then again it may not be stolen and nothing will happen.

frankDmole
08-23-2010, 4:14 PM
Either way if it checks out as stolen and he does nothing he is tagged as receiving a stolen item. I would at least have it checked by serial number. If it ends up that it was stolen he should be in the clear, if he acted sooner rather than waited to get caught.

my .02, I had something stolen from me in a state that did not require registration of such item and never got it back....

Operator
08-23-2010, 9:53 PM
"How does sending it out of state keep him from breaking any laws."

I said he wouldn't be breaking CA's laws of having an unregistered weapon. I understand theft is against the law here and in UT and in AZ.

The Rumor is that Guy #1 asks Guy #2 if G2 will buy said gun with G1's money, then give G1 the gun that he can not leagly buy. (Yeah Bad Idea Right) but my Brother doesn't know any of this at the time. This has all come about over the weekend. So G1 tells G2 "if anything ever comes up, report it stolen, I don't care."

So there is a chance that nothing has come of this, and G1 & G2 just happen to break AZ's laws by unlawfully selling a firearm to someone that shoudln't have it.

I thought this was an interesting question to think about.

jtmkinsd
08-23-2010, 10:01 PM
All he can do is send the paperwork in...as was stated, if it comes back stolen he will be required to hand it over...as he should...and will probably be advised about taking handguns as payment in the future

stitchnicklas
08-23-2010, 10:30 PM
it would be awesome to have a website set up to search serial #'s on guns just for this reason..

tenpercentfirearms
08-24-2010, 5:48 AM
If he knows any law enforcement, he could ask them to run it. Otherwise just send in the paperwork and then if they come knocking, have him prepared to have them talk to his lawyer or be cooperative.

Operator
08-24-2010, 7:46 AM
If he knows any law enforcement, he could ask them to run it. Otherwise just send in the paperwork and then if they come knocking, have him prepared to have them talk to his lawyer or be cooperative.

Local Captain is going to run the number for us, we should know sometime today if it is stolen or not. Man it's nice to have a cop you can talk to without looking like a criminal...

socalphoto
09-30-2010, 11:06 PM
Any update?
I am kinda dealing with the same thing. A friend of mine is going to give me a handgun that a friend gave give him. I had a LE friend run the serial, which came back clea,r but registered to someone. I know the handgun was not obtain by either friend illegally.

Can you register a handgun to yourself that is already registered (without the R/O present).

Hope is doesnt count as a thread hijack ;)...as that is def not my intention.

tenpercentfirearms
10-01-2010, 5:53 AM
I know the handgun was not obtain by either friend illegally.

Can you register a handgun to yourself that is already registered (without the R/O present).

If friend number one gave it to friend number two without properly registering it as a PPT or a dealer transfer, then actually, yes, it was obtained illegally. If friend number two were to shoot someone with it, they could get in some serious trouble.

That being said, I do not think the DOJ cares who transfers it, but you had better make sure you transfer it properly and have it in your name. I would recommend just having friend number two take it to a gun shop with you and have it PPTed.

socalphoto
10-01-2010, 9:35 PM
Thanks for the info.

Operator
10-04-2010, 9:16 AM
We had a LEO run the serial, NOT stolen, not registered in CA, so he can just fill out the ownership paper work with the DOJ and be done. (I think.) LEO agreed to run the serial # as long as the "person who has the gun" would surrendur it if it was stolen. Wasn't as big a deal as I thought it was going to be. Man it helps to have a LEO for a friend.

Operator
10-04-2010, 9:18 AM
10%, Thanks for your input and advice.

socalphoto
10-04-2010, 11:37 PM
Thanks for the update Operator.