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View Full Version : Filing a "NEW RESIDENT HANDGUN OWNERSHIP REPORT" late???


HellBent
04-21-2007, 8:31 PM
Hey, has anyone ever submitted a "NEW RESIDENT HANDGUN OWNERSHIP REPORT" after the 60 day deadline?

Just curious what happens if you file late. Do they deny your registration and come kick your door in and take you and your gun to jail?

Thanks,

AL

Matt C
04-21-2007, 8:37 PM
No. The law says you cannot be procecuted if the only knowlege they have of the unregistered gun comes from your registration paperwork.

bwiese
04-22-2007, 12:26 AM
No. The law says you cannot be procecuted if the only knowlege they have of the unregistered gun comes from your registration paperwork.

Correctamundo. Specifically allowed for. Furthermore, there's broad issue of non-self-incrimination when completing gov't-mandated forms. (Already an issue in BATF 4473s, and a court ruling.)

Mssr. Eleganté
04-22-2007, 6:07 AM
Although the law does say they can't prosecute you for turning in the form late if they only find out about it because you sent in the form, it doesn't say they have to accept the late registration.

But everybody I know who has turned in the form late (in one case 4 years late) hasn't had any problems. :)

HellBent
04-22-2007, 2:25 PM
Thanks for the quick answers guys. This place is always helpful.

-AL

bwiese
04-22-2007, 2:33 PM
Although the law does say they can't prosecute you for turning in the form late if they only find out about it because you sent in the form, it doesn't say they have to accept the late registration.

But everybody I know who has turned in the form late (in one case 4 years late) hasn't had any problems. :)

FWIW, the DOJ phone staff even advises folks querying by phone to go send it in regardless of time.

Also, I don't think there's any element of 'acceptance' or 'denial' involved (unless lines were crossed with illegal firearms: pistol-based AWs, for example - or the person who filed was a denied person, felon, violent misdemeanant, etc.) They simply have no authority to take your gun away, esp after you've filed form.

67Charger
04-24-2007, 12:42 AM
Would the Handgun Safety Certificate process have to be completed and on file before one could be considered "eligible" to own a handgun in CA, even though they already owned it else-where fair and square?

Just wondering if it needs to be done before the transfer papers are submitted, if at all.

bwiese
04-24-2007, 10:06 AM
Would the Handgun Safety Certificate process have to be completed and on file before one could be considered "eligible" to own a handgun in CA, even though they already owned it else-where fair and square?

Just wondering if it needs to be done before the transfer papers are submitted, if at all.

No. If you move into CA with handguns you just file the personal handgun importer form from DOJ with the $19/gun fees (I believe it's entitled "New Resident Handgun Ownership Report").

HSC is for acquisition; but you already own the guns you are importing as a new resident.

gose
04-24-2007, 10:25 AM
I sent in mine late, for various reasons, and I did not have a HSC at the time. Took them about a month or so to send the papers back, but there were no issues at all.

67Charger
04-24-2007, 12:44 PM
I just got off the phone with DOJ, and after I asked a series of questions regarding purchasing firearms from out of state, I asked about the 60 day period on the new resident form. She said: "As long as you are reporting them, you won't have a problem even if it has been 2 years. Some people don't bring all their guns with them when they move. The only way you would get in trouble is if you get pulled over and you have a non-registered gun with you. Report them regardles of the time frame."

mattmcg
04-24-2007, 10:27 PM
I take it that this doesn't apply to people that moved into CA prior to 2000 with personally owned handguns? Isn't it optional whether you register or not in this situation?

bwiese
04-24-2007, 10:42 PM
I take it that this doesn't apply to people that moved into CA prior to 2000 with personally owned handguns? Isn't it optional whether you register or not in this situation?

The transition date is Jan 1 1998, not 2000. Folks already here before that did not/do not have to report ownership of unpapered handguns.

After that date, if you moved into CA with handguns, you are/were supposed to file a New Resident Handgun Ownership Report with $19/gun fee.

If you file late you do not have to worry about 'self incrimination' - just go send the form + fee in.

The 'bonus' is that if you're somehow popped for CCW (a wobbler) as 1st offense, you will almost assuredly be only charged with misdemeanor if the handgun is DROSed to you. If not, a felony can be charged.

Contra3
03-26-2008, 2:51 PM
Hello,

I am new to this forum and had a question about registration.

First of all, my intent is to register ASAP as soon as I return home from my Iraq deployment to California. My home of record is in California.

Secondly, my scenario is that I am active duty military, and while stationed in Missouri (PCS there) I purchased two handguns. Upon completion of my time there, I drove home to California with my handguns, left them with my parents at my home of record and was deployed to Iraq shortly thereafter.

My question is when I mail in the registration forms this year (probably October/November timeframe), how would the CA DOJ know that my handguns were being registered late?

-Jason

Matt C
03-26-2008, 3:11 PM
Hello,

I am new to this forum and had a question about registration.

First of all, my intent is to register ASAP as soon as I return home from my Iraq deployment to California. My home of record is in California.

Secondly, my scenario is that I am active duty military, and while stationed in Missouri (PCS there) I purchased two handguns. Upon completion of my time there, I drove home to California with my handguns, left them with my parents at my home of record and was deployed to Iraq shortly thereafter.

My question is when I mail in the registration forms this year (probably October/November timeframe), how would the CA DOJ know that my handguns were being registered late?

-Jason


Because you just told them.

5150Marcelo
03-26-2008, 3:20 PM
If you move into the state of CA as a new resident, can you bring guns NOT on the roster if you already own them?

Matt C
03-26-2008, 3:25 PM
If you move into the state of CA as a new resident, can you bring guns NOT on the roster if you already own them?

Yes, absolutely. Please bring lots of pre-lock smiths, HK 45s, and non-rostered kimbers.

5150Marcelo
03-26-2008, 4:05 PM
Yes, absolutely. Please bring lots of pre-lock smiths, HK 45s, and non-rostered kimbers.

I have an ar15 with hi cap mags, and other pistols that hold more then 10 rounds. I left them with my uncle in AZ, where I purchased them when i resided there last month. I wasnt sure if I could bring them with me... so all I gotta do is fill out this NEW RESIDENT FORM to bring them. What is also invovled and what type of info do they ask for as far as the guns go?

deleted by PC police
03-26-2008, 4:31 PM
Let's just say I turned mine in very late and I didn't hear a peep out of them. I think they are just glad to have your gun on a list so they can take it away when the time comes.

deleted by PC police
03-26-2008, 4:33 PM
I have an ar15 with hi cap mags, and other pistols that hold more then 10 rounds. I left them with my uncle in AZ, where I purchased them when i resided there last month. I wasnt sure if I could bring them with me... so all I gotta do is fill out this NEW RESIDENT FORM to bring them. What is also invovled and what type of info do they ask for as far as the guns go?

I'm sure the ar can't come into the state unless it's an off list lower and then it has to be configured so it's compliant (see the new to calguns section) and I think the hi caps are a no go.

5150Marcelo
03-26-2008, 5:21 PM
Dont mean to thread jack, but, how about buying a black desert eagle in 44 mag, same as california legal model, from my uncle, can we do a PPT from AZ to CA here at an FFL dealer if he comes here. Or is there more invovled? Dont know if this has been chimed in on yet but, any info is appreciated!

fairfaxjim
03-26-2008, 9:18 PM
Dont mean to thread jack, but, how about buying a black desert eagle in 44 mag, same as california legal model, from my uncle, can we do a PPT from AZ to CA here at an FFL dealer if he comes here. Or is there more invovled? Dont know if this has been chimed in on yet but, any info is appreciated!

You should check the BATF site, there are FAQ's there, but I believe that you uncle cannot simply bring a firearm from AZ to CA and sell it. Interstate transfers must have at least an FFL on the receiving state end. The out of state seller must transfer through, and you must obtain an out of state firearm from an FFL in your state of residence. Long guns are exempted federally in a face to face sale, but the Gun Control Act also states that the transaction must comply with your home state laws. The CA DROS and 10 day waiting period preclude you from buying anything out of state because it must be DROS'd by a CA dealer. That precludes any PPT, as at that point, only you and the FFL are involved. As soon as it becomes an FFL transfer, a handgun must also be on the approved list.

5150Marcelo
03-26-2008, 10:31 PM
You should check the BATF site, there are FAQ's there, but I believe that you uncle cannot simply bring a firearm from AZ to CA and sell it. Interstate transfers must have at least an FFL on the receiving state end. The out of state seller must transfer through, and you must obtain an out of state firearm from an FFL in your state of residence. Long guns are exempted federally in a face to face sale, but the Gun Control Act also states that the transaction must comply with your home state laws. The CA DROS and 10 day waiting period preclude you from buying anything out of state because it must be DROS'd by a CA dealer. That precludes any PPT, as at that point, only you and the FFL are involved. As soon as it becomes an FFL transfer, a handgun must also be on the approved list.

Ok, lets say it a GIFT. Any difference there?

Mssr. Eleganté
03-26-2008, 11:45 PM
Ok, lets say it a GIFT. Any difference there?

No difference. The "gift" exemption only applies to grandparent/parent/child transfers.

But you said the gun was on the California approved list. If so then you don't need any exemptions. Your uncle can just ship it to the California FFL or bring it in person to the California FFL. It will not be a PPT, so the Dealer can charge you whatever he wants for the transfer. But he can charge whatever he wants for out of state family gift transfers as well, so you'd still be in the same boat.

Suvorov
03-27-2008, 10:06 AM
The only way you would get in trouble is if you get pulled over and you have a non-registered gun with you. Report them regardles of the time frame."

How will you get in trouble? There are probably millions of legally owned non-registered handguns in Kalifornia.

Glock22Fan
03-27-2008, 10:24 AM
"The only way you would get in trouble is if you get pulled over and you have a non-registered gun with you."

What for? it isn't illegal to have an unregistered gun, unless it isn't being carried properly in a locked case. If you were to give the full history of your import two years ago and failure to register, that might technically be a crime, but why would you tell the officers that?

webster223
03-27-2008, 12:03 PM
A slight variation on the original question--if you moved here in, say, 2001, and you owned handguns at the time that you didn't bring with you, there's no reason to file the form until you actually bring them into the state, right? Of course, to avoid potential unpleasantness as to unregistered handguns if pulled over, it might be prudent send in the form before bringing the handguns into the state...