PDA

View Full Version : question about nonDRS private party gift


stanware
01-15-2011, 4:07 PM
hypothetical question answered...

stanware
01-15-2011, 4:17 PM
answered

jtmkinsd
01-15-2011, 4:22 PM
Legally you do not have to do anything at all. If you wish to register them in your name, the voluntary registration form is fine, but you aren't required to.

stanware
01-15-2011, 5:02 PM
answered

sk8804
01-15-2011, 5:51 PM
haha i thought this was a hypothetical situation. Lol. I think it was an illegal transfer.

mif_slim
01-15-2011, 5:59 PM
It is a hypotecitcal response right, stanware? Lol

stanware
01-15-2011, 6:11 PM
Yup everything is hypothetical. So what would someone with this specific hypothetical situation do?

Cokebottle
01-15-2011, 6:46 PM
Statute of limitations has long expired on your illegal transfer.
Voluntary Registration form and $19 will transfer the registration into your name.

If the gun were unregistered, as in you got it from a friend who bought it in a "free" state, then I wouldn't worry about it, but there are some crimes that carry enhancements if the gun you have is not registered to you.
Since it's been in the system in his name since '93, I'd correct that.

stanware
01-15-2011, 7:14 PM
hypothetical question answered

Cokebottle
01-15-2011, 7:21 PM
hypothetically he got it in CA, but we did not intend for it to be an illegal transfer as he simply gave me it for safekeeping as he thought he might return to the U.S. But he never did...
Hypothetically, that would still have become an illegal transfer on day-31.

You can lend someone a handgun for 30 days.

But like I said, that doesn't matter. Any statute of limitations on the transfer has long expired, so even though it was an illegal transfer, there has been no ongoing crime in your continued possession of the gun.
Also, do you have any idea if I need a current Handgun Safety Certificate? I know when I bought my own gun in 91' I didn't need to take a test or anything.
The HSC would only be needed if someone were to lend you a gun today, or for you to receive one from DROS.
What you need to do is simply complete the VolReg form and send it in with $19. No HSC required.

TangoCharlie
01-15-2011, 7:26 PM
The statute of limitations may have run out, but this does not clear up the title problem with the guns. They are contraband since they were not transderred to you legally.

While they may not belong to him anymore, they dont legitimately belong to you.

Cokebottle
01-15-2011, 7:48 PM
The statute of limitations may have run out, but this does not clear up the title problem with the guns. They are contraband since they were not transderred to you legally.

While they may not belong to him anymore, they dont legitimately belong to you.
Possession of a handgun not registered to you is not a crime in and of itself, though it does enhance other crimes, turning some misdemeanors into felonies.
An illegally transferred handgun is still the legal property of the receiver, despite the fact that the DOJ paperwork was not completed at the time of gift or sale.

The only "gotcha" could be if the gun has been reported stolen.

stanware
01-15-2011, 8:10 PM
thanks for all the replies, got my issue cleared up..