PDA

View Full Version : ccw and registration


tileguy
10-23-2010, 10:20 PM
question for anybody that might know. if i have a pistol that i purchased in the 80s in ca. no registration required at the time and i add that pistol to my ccw does that automatically register that firearm to me with doj or any other agency

Librarian
10-23-2010, 10:49 PM
Well, theoretically it could have that effect.

Certainly the issuer would have your name and address, and the handgun information as listed on the application.

I don't know what, exactly, CCW issuers forward to DOJ; they're required by PC 12053 (b)Copies of each of the following shall be filed immediately by the issuing officer or authority with the Department of Justice:

(1)The denial of a license.

(2)The denial of an amendment to a license.

(3)The issuance of a license.

(4)The amendment of a license.

(5)The revocation of a license.Notification of 'the issuance of a license' could just be 'we issued a 12050 license to Joe Smith, 234 Pine Street, Anytown CA', but I kind of doubt it.

Quiet
10-23-2010, 11:00 PM
Some issuing authorities require a handgun to be registered in order for them to approve it to be listed on the permits they issue.

hoffmang
10-23-2010, 11:12 PM
Some issuing authorities require a handgun to be registered in order for them to approve it to be listed on the permits they issue.

And that's an illegal requirement per the Government Code.

-Gene

gschoelles
10-24-2010, 4:49 AM
If you bought it in CA from an FFL in the 80's, it is registered.

OleCuss
10-24-2010, 6:05 AM
If you bought it in CA from an FFL in the 80's, it is registered.

Not necessarily. I bought a nice pistol in 1986 and it was registered at the time of purchase. However, due to the destruction of a lot of records from that time period (I believe I was told it was a fire), that pistol is not considered to be registered by the State of Kalifornia.

I registered my pistol but it isn't registered according to the state.

GrizzlyGuy
10-24-2010, 8:41 AM
From 11106 (http://law.onecle.com/california/penal/11106.html) which describes the requirements for the state's registration system:

(a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, as that section read prior to being
repealed by the act that amended this section, reports provided
pursuant to Section 12071 that are not dealers' records of sales of
firearms, and reports of stolen, lost, found, pledged, or pawned
property in any city or county of this state, and shall, upon proper
application therefor, furnish this information to the officers
referred to in Section 11105.

But down in (c) it says:

(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and former
Section 12084 or any other law, as to handguns and maintain a
registry thereof.
(2) The registry shall consist of all of the following:...

Note that sections 12050 through 12054 are not listed in (c) and those are the sections dealing with CCW licenses.

Taken all together, it seems to me that although DOJ will keep a record of your CCW license (possibly including the list of guns on your license) as required in (a), this information doesn't constitute a full-blown 'registration' (record in the "registry") as described in (c).

hoffmang
10-24-2010, 10:12 AM
I don't believe that DOJ looks at the CCW and adds the guns on the CCW to AFS. Last year, DOJ did change AFS to have it list your CCW (which on balance I think is a good thing - I want a LEO to know I really do have a carry permit if we're having an interaction as he's likely to find me armed.)

However, the SO's can't force you to register a gun to put it on your permit in the first place as a requirement of issuance. That field of handgun licensing is preempted by the Legislature in the Government Code.

-Gene