PDA

View Full Version : CA Firearm Legislation History


sbdivemaster
10-25-2007, 9:59 AM
Does anyone know when various firearm legislation was enacted in California?

I'm trying to find out when:

-The waiting period was enacted
-Registration of handguns was first required
-Registration of "imported" handguns was first required
-Registration of private party transfers was first required

I have a few others, but this will get me started. If anyone knows where I can look for this kind of stuff, online or elsewhere, I'd be appreciative of that info as well. It might answer the other questions I have.

Thanks in advance!

bwiese
10-25-2007, 10:14 AM
I'm trying to find out when: -The waiting period was enacted


We've had a waiting period for handgun purchases from gun dealers for a long time - as long as I can remember, even early 70s. Hell, this coulda run back for ages, not sure. Some of the older codgers here can
pipe up.

And it used to be 15 days wait until 1997, when it was reduced to 10. (corrected)

Until Jan 1 1991, rifle sales by CA dealers merely required a Fed 4473 form + cash & carry.

On/after Jan 1, 1991, just about all firearms sold at a dealer required paperwork & waiting period. [For the extent of this discussion, I'm not treating C&R/antique/black powder stuff here.]

On/after Jan 1, 1991, generally all firearms sold between private parties in CA required FFL dealer intervention. No more "range transactions". I am not sure when interfamiliar (grandparent/parent/grandchild) exemption was put into law.


-Registration of handguns was first required

Again, we've had papered handgun transactions w/waiting periods for ages. Unpapered private party transfers of handguns were legal until Jan 1 1991 (usual provisions: non-felons, gun was a legal type, not stolen, etc.)

Not sure when it really became a system, though - prob early 80s it got more methodical. Prior paperwork in 70s was likely never computerized.


-Registration of "imported" handguns was first required

On/after Jan 1, 1998, people moving into CA with handguns were "personal handgun importers" and had 60 days to register their handguns (with a per-gun fee that's now $19). There is an "amnesty catch-up" provision in the law such that later registration isn't self-incriminating.


-Registration of private party transfers was first required

As mentioned above, most private-party transfers required FFL intermediation starting Jan 1 1991.

Also, I may be off by one year; I believe the SB15 Roster of Approved Handguns and safety testing kicked in in 2001, IIRC.

Roberti-Roos AWCA "named" assault weapons ban kicked in in mid-1989; registration period was during 1990.
A legistlatively-approved catch-up AW registration period existed, IIRC, in 1992 (I could be off a year).

"SB23" generic AW ban - and also CA hicap mag ban - was passed in 1999 and became active in 2000. The SB23 AW registration period extended from 1/1/00 thru 12/31/00. Because of the [I]Kasler decision in summer of 2000, a separate overlapping AR/AK "series" ban kicked in on Aug 16 2000. Due to printing problems in Secretary of State's office, the Kasler AR/AK registration period actually extended up until Jan 23, 2001.

MudCamper
10-25-2007, 10:51 AM
http://www.calguns.net/calgunforum/showpost.php?p=696889&postcount=3

bwiese
10-25-2007, 12:18 PM
I note that that site says the 15 day wait went down to 10 day wait in 1997.
I thought it occurred, along with a bunch of other stuff, in 1991.

And my memory's fried - any wait is too long and I can't remember which of my guns I waited 15 days or 10 days, etc. (Some I waited zero days for, due to legal unpapered PPT in 1980s.)

cartman
10-25-2007, 2:57 PM
Damn Bill you like a gun encyclopedia. Pretty good for a fried memory.

FreedomIsNotFree
10-25-2007, 4:18 PM
We've had a waiting period for handgun purchases from gun dealers for a long time - as long as I can remember, even early 70s. Hell, this coulda run back for ages, not sure. Some of the older codgers here can pipe up.


C'mon Bill....you're the oldest codger we got....:)

grammaton76
10-25-2007, 4:23 PM
Librarian did a very nice timeline on TGW...

http://thegunwiki.com/Gunwiki/LegalCaliforniaTimeline

MudCamper
10-25-2007, 4:47 PM
I note that that site says the 15 day wait went down to 10 day wait in 1997.
I thought it occurred, along with a bunch of other stuff, in 1991.


Well that's just what the CRPA publishes in their little flyer. It might be right, but it also might be wrong. I sure don't agree with what they say about transporting firearms.

Librarian did a very nice timeline on TGW...

http://thegunwiki.com/Gunwiki/LegalCaliforniaTimeline

Good to know.

Librarian
10-25-2007, 7:47 PM
Librarian did a very nice timeline on TGW...

http://thegunwiki.com/Gunwiki/LegalCaliforniaTimeline

Say what? Where did that come from?

I remember doing part of that here, and I remember someone asking if s/he could use it, but credit ought to go to Sean Newton for the page.

Creeping Librarianism, coming to a web site near you ! :eek:

AJAX22
10-25-2007, 8:11 PM
The waiting period couldn't have been reduced from 15 days to 10 days in 1991, it was still at 15 days during the 92 riots IIRC

bwiese
10-25-2007, 8:23 PM
The waiting period couldn't have been reduced from 15 days to 10 days in 1991, it was still at 15 days during the 92 riots IIRC

Very good point, Ajax. Guess it probably is 1997. In fact I think I bought a Sig 226 in 1995 (or thereabouts) and vaguely recall it was 15 days.

crunchy2k
10-26-2007, 4:20 AM
Very good point, Ajax. Guess it probably is 1997. In fact I think I bought a Sig 226 in 1995 (or thereabouts) and vaguely recall it was 15 days.

City of San Jose 10.32.065 business Site Standards ; section F,part 3 a and b. No pistol or revolver shall be delivered : a.within fifteen days of the application for purchase....... b.Unless the purchaser is personally known to the seller or shall present clear evidence of his identity.

15 days is still on the books for San Jose in a situation nobody is going to get caught in. This is from ATF publication 5300.5 revised 2005.

grammaton76
10-26-2007, 3:34 PM
Say what? Where did that come from?

I remember doing part of that here, and I remember someone asking if s/he could use it, but credit ought to go to Sean Newton for the page.

Creeping Librarianism, coming to a web site near you ! :eek:

Sean Newton is me, dude. I asked your permission and acquired it, then I just copied in your stuff and wikitized it a little. :)

MudCamper
10-26-2007, 3:50 PM
OK I have a related question. When did the age to buy a handgun go to 21? I remember buying my first handgun at age 18 or 19. Of course, it was also cash and carry at a gunshow! How times have changed.

Librarian
10-26-2007, 8:04 PM
Sean Newton is me, dude. I asked your permission and acquired it, then I just copied in your stuff and wikitized it a little. :)

Well, then: :notworthy: Nice job!

Librarian
10-26-2007, 8:32 PM
OK I have a related question. When did the age to buy a handgun go to 21? I remember buying my first handgun at age 18 or 19. Of course, it was also cash and carry at a gunshow! How times have changed.

So far as I know, it hasn't. California says 12026. (a) Section 12025 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code,
who carries, either openly or concealed, anywhere within the citizen'
s or legal resident's place of residence, place of business, or on
private property owned or lawfully possessed by the citizen or legal
resident any pistol, revolver, or other firearm capable of being
concealed upon the person.
(b) No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall be required of any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code, to
purchase, own, possess, keep, or carry, either openly or concealed,
a pistol, revolver, or other firearm capable of being concealed upon
the person within the citizen's or legal resident's place of
residence, place of business, or on private property owned or
lawfully possessed by the citizen or legal resident.

Additionally, 12803 says 2803. (a) No certified instructor may issue a handgun safety
certificate to any person who has not complied with this article.
Proof of compliance shall be forwarded to the department by certified
instructors as frequently as the department may determine.
(b) No certified instructor may issue a handgun safety certificate
to any person who is under 18 years of age.

Federal law. as of "H.R.3355 : Violent Crime Control and Law Enforcement Act of 1994", better known for the Federal Assault Weapons "ban", put in the current 18 thing as part of 18 USC 922, and that act added section (x) : (x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to— [snip]

(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

Has someone told you different?

MudCamper
10-27-2007, 12:42 PM
Has someone told you different?

Yeah. The CA DOJ.

http://ag.ca.gov/firearms/pubfaqs.htm#7

They say you have to be 21 to buy a handgun.

Librarian
10-27-2007, 3:11 PM
Yeah. The CA DOJ.

http://ag.ca.gov/firearms/pubfaqs.htm#7

They say you have to be 21 to buy a handgun.
Aside from that, I mean.

12072. (a) (1) No person, corporation, or firm shall knowingly
supply, deliver, sell, or give possession or control of a firearm to
any person within any of the classes prohibited by Section 12021 or
12021.1.
(2) No person, corporation, or dealer shall sell, supply, deliver,
or give possession or control of a firearm to any person whom he or
she has cause to believe to be within any of the classes prohibited
by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of
the Welfare and Institutions Code.
(3) (A) No person, corporation, or firm shall sell, loan, or
transfer a firearm to a minor, nor sell a handgun to an individual
under 21 years of age.

and

18 USC 922 (b)
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;
Sigh. Apologies. I know what I did wrong, but that's for next time.:(

So, to try to answer the date question, Cornell's notes on the section say the section was created by "public law 90-351 Omnibus Crime Control and Safe Streets Act of 1968" and Subsec. (b)(1). Pub. L. 90–618 [Gun Control Act of 1968] substituted provisions making it unlawful to sell or deliver any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than 18, and to sell or deliver any firearm, other than a rifle or shotgun, or ammunition, other than ammunition for a rifle or shotgun, to any individual who the licensee knows or has reasonable cause to believe is less than 21,
for
provisions making it unlawful to sell or deliver any firearm to any individual who the licensee knows or has reasonable cause to believe is less than 21, if the firearm is other than a shotgun or rifle. ... which seems to be the no-handgun-ammo-under-21 provision.

Doesn't look like (http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-notes.html) the federal age limit has been lower than 21 since 1968; I wasn't buying guns then.

I'd imagine the state followed along, but I don't have a good history source for state law, and they don't seem to annotate their own. Maybe the hardcopy West's has it; main library is a bit too far to go look today.

ETA Yes, West's has part of it. Here's a link (http://library.uchastings.edu/library/Legal%20Research/Research%20Guides/calleghist.htm) to a Hasting's document "Research Guide - Compiling a California Legislative History"; a longer and less encouraging doc from USF Law School is here (http://www.usfca.edu/law_library/calleg.html).

And there are cynics everywhere (http://www.lectlaw.com/files/lwr02.htm):... believe it or not, there are sometimes hidden agendas and purposes behind certain laws.

sbdivemaster
10-27-2007, 3:24 PM
Bill,

That was some great info! Just what I was looking for.

Thank you.