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Pell
02-23-2012, 2:06 PM
Hello,

I am trying to figure out how to help a friend who has a gun not registered to him.

Here are the details (I can get more info if needed):

1) The gun was originally owned by a friend of his that has since moved away. The two people are not in contact any more, nor have they been for years.

2) There is no ill-will between the two people, and therefore no reason to believe the gun was ever reported stollen.

3) the gun was originally purchased in California, so there is probably registration paperwork files with the DOJ.


My friend just wants to do the right thing and have the gun properly registered, but cannot figure out how. Is there a way to make this legal, or should the gun be destroyed?

Librarian
02-23-2012, 2:13 PM
There's no particular reason to register a gun, as a distinct act.

Long guns simply are not registered at all (except certain 'assault weapons').

Handguns are registered on transfer inside CA, or when moving to CA.

If the transfer between friends occurred before 1991, don't bother.

If after, he could file a voluntary registration form - http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/volreg.pdf?

bwiese
02-23-2012, 2:16 PM
Do note that transfers between unrelated parties in CA [outside certain limited inheritance/operation of law matters] have required intermediation by a CA FFL since 1991, otherwise the transfer was most likely illegal.

However, statute of limitations is likely up and - as a general statement, and providing there's no other handwaving complexities (stolen gun, other problems with the individual himself) - the DOJ's happy to have the gun "papered" in current name by your friend and will not cause further trouble.

Pell
02-23-2012, 2:26 PM
It is a handgun, so registration is a must. The original sale (and sale to my friend) both occurred after 1991(my friend bought it around 2003), so that loophole is out.

Should he call the DoJ or does he only need to fill out a form and send it in?

Librarian
02-23-2012, 2:57 PM
It is a handgun, so registration is a must. The original sale (and sale to my friend) both occurred after 1991(my friend bought it around 2003), so that loophole is out.

Should he call the DoJ or does he only need to fill out a form and send it in?

Fill the form, send the $19. Clean and routine.

chillincody
02-23-2012, 3:00 PM
librean saves the day again :)

Pell
02-23-2012, 3:03 PM
Which form?

chillincody
02-23-2012, 3:10 PM
Which form?

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/volreg.pdf?

Pell
02-23-2012, 4:08 PM
Ok, two more quick questions...

1) Would there really be any risk if he posted about this directly? I'm doing it because of the fear of self-incrimination.

2) On the form, what should he put for date acquired? Also, his HSC wasn't issued until long after he had the gun (if that matters).

watsonville
02-23-2012, 7:02 PM
what about this situation you have a father who reported his handgun stolen you found it along with the reciept after he passed away can you register it then or do you have to give it up?also im not trying to thread jack but thats a situation i KNOW someone in

i would say send in a voluntary registration i believe theres soemthing in the law about lending a handgun for more than thirty days forfits ownership or something like that and must be registered but someone will corect me

i know i know god use some grammar ahhh sit on it

Librarian
02-23-2012, 7:53 PM
what about this situation:

you have a father who reported his handgun stolen

you found it along with the reciept after he passed away

can you register it then or do you have to give it up?

also im not trying to thread jack but thats a situation i KNOW someone in

i would say send in a voluntary registration i believe theres soemthing in the law about lending a handgun for more than thirty days forfits ownership or something like that and must be registered but someone will corect me

i know i know god use some grammar ...

A little reformatting and we can see what you're asking.

Because the gun was reported stolen, I suggest you contact the PD who received the report, all those years ago. Ask them how to proceed. (ETA Do NOT bring the gun to the PD to ask them about it, unless they ask you to and they know when you are coming. Going up to the desk with a paper bag and saying to the desk-person 'I have a gun ...' will not turn out well.)

Guns reported stolen stay on the list for a very long time, possibly forever-or-until-recovered.

And there are complications if the insurance company paid a claim on it; if so, I believe the recovered gun belongs to the insurance company.

If you can get past that part, then, presumably it should have been part of his estate. Whoever received it should file an OPLAW form, http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?

Pell
02-24-2012, 2:14 PM
Quick follow up in case anyone else is in the same situation:

I spoke with the folks at the DoJ and they said it happens all the time. All that needs to happen is filing the voluntary registration form, marking private party, and noting the seller moved away.

bwiese
02-24-2012, 2:33 PM
Quick follow up in case anyone else is in the same situation:

I spoke with the folks at the DoJ and they said it happens all the time. All that needs to happen is filing the voluntary registration form, marking private party, and noting the seller moved away.


Yes, this.

They're really not worried about going after you on an isolated incident and would rather have the "books updated".

Go fill out the VolReg form and fee.

DO NOT LIE ON THE FORM, however. Do not misstate names, dates etc. and report them to the best of your recollection. If you do not know something, put a '??' in.