PDA

View Full Version : non registered shotty


stainlesssoldier
01-11-2008, 3:47 PM
i recently aquired an unregistered shotgun and i wanted to make sure it is legal to own one. i also heard through a friend that it is legal to carry a shotty in the car/truck with ammo in a sidesaddle. i am new to calguns and want to get to know other advocates. any info will help. thanks

slick_711
01-11-2008, 3:57 PM
Depending on what "acquire" means, yes.

They don't register long guns anyway. Shotguns, rifles, as long as it's not an "assault weapon" type shotgun you are good to go.

bwiese
01-11-2008, 3:58 PM
Long guns are not really 'registered', per se. Once you legally have it in CA, there's not much record of it.

However, if you are CA resident, you generally need to acquire firearms thru the services of a CA FFL dealer along with paperwork/background check & 10 day wait. Exceptions are for "C&R"/antiques, and for transfers from direct family members within CA (grandparent/parent/child/grandchild relationships only).

Otherwise the firearm was illegally obtained.

Even if one of the specified family members above were to give the shotgun to you but was a non-CA resident, it would still have to go thru a CA FFL dealer to be legal - to keep the Feds/BATF happy, since state lines were crossed.

oaklander
01-11-2008, 4:02 PM
EDIT: what Bill said. . .

Seems like there are a lot of people asking about things that relate to Federal (not just state) firearms issues.

:rolleyes:

i recently aquired an unregistered shotgun and i wanted to make sure it is legal to own one. i also heard through a friend that it is legal to carry a shotty in the car/truck with ammo in a sidesaddle. i am new to calguns and want to get to know other advocates. any info will help. thanks

stainlesssoldier
01-11-2008, 4:16 PM
i recieved this gun through a former employer who owned it for more than 25 years and never did a 10 day wait period himself so i daont know how that would work. the gun has been in Ca the whole time. if that helps. this may sound like a "noob" but what is a c&r? thanks for the help

bwiese
01-11-2008, 4:49 PM
i recieved this gun through a former employer who owned it for more than 25 years and never did a 10 day wait period himself so i daont know how that would work. the gun has been in Ca the whole time. if that helps. this may sound like a "noob" but what is a c&r? thanks for the help

If you got this before Jan 1. 1991 from employer, and you were both CA residents, you're OK.

Otherwise you & employer should go down to FFL and do paperwork/pay small fee for a private-party transfer.

[If the gun was manufactured sometime before 1/1/1991 and neither the boss nor you remember when you got the gun, the burden of proof would be on the gov't to prove otherwise. If the gun was mfgd after 1/1/1991, that's pretty good indication it was not transferred properly.]

Equalizer2
01-11-2008, 4:53 PM
i recieved this gun through a former employer who owned it for more than 25 years and never did a 10 day wait period himself so i daont know how that would work. the gun has been in Ca the whole time. if that helps. this may sound like a "noob" but what is a c&r? thanks for the help C&R is a curio or relic which is any gun over 50 years old . Such as an old Browning Auto 5, or Winchester Model 12, so if the weapon you got is over 50 years old you don't have to do anything.

hitman13
01-11-2008, 5:39 PM
its a shotgun, not a shotty

davedog665
01-11-2008, 5:42 PM
its a shotgun, not a shotty

Thanks hitman i hate when people call them shottys

Two Shots
01-11-2008, 6:18 PM
What kind of shotgun did you get? Starting to hear the term Shotty more and more lately. Anyway do yourself a favor keep the gun locked up at home unless your going shooting. Cars/Trucks are targets for the low lifes out there to break in. I know of three cases within the last 2 weeks one car was broken into in a parking space across from the front of a store No one noticed them breaking a window the second was infront of a guys house broke the window, The other two cars were parked in resturants parking lot Smashed windows alarms going off no one saw anything. So use care when you leave a weapon in a vehicle.

.22guy
01-11-2008, 7:54 PM
C&R is a curio or relic which is any gun over 50 years old . Such as an old Browning Auto 5, or Winchester Model 12, so if the weapon you got is over 50 years old you don't have to do anything.

Except handguns in CA. Those must be DROS'd or PPT'd.

elSquid
01-11-2008, 9:13 PM
Thanks hitman i hate when people call them shottys

Me too. The correct term is, of course, "shottiƩ".

-- Michael

marklbucla
01-13-2008, 1:28 PM
i also heard through a friend that it is legal to carry a shotty in the car/truck with ammo in a sidesaddle.

From Page 35 of the 2006 Book:

A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any
manner to, the firearm, including, but not limited to, the firing chamber, magazine, or clip
thereof attached to the firearm.

IIRC, it's been determined that live ammo in a side saddle makes the gun "loaded".

CSACANNONEER
01-13-2008, 1:36 PM
its a shotgun, not a shotty

Yea, but you've got to give these mall ninja, airsofters a little while to learn the correct language and the laws.

L-2
01-13-2008, 2:45 PM
i also heard through a friend that it is legal to carry a shotty in the car/truck with ammo in a sidesaddle.
Don't rely on your friend or even Calguns.net on this issue. Read the laws for yourself and make your own decisions. (Even then, "marklbucla" is giving some good advice, btw.)

Try Penal Code 12031, to start: http://leginfo.ca.gov/calaw.html

boogak
01-13-2008, 3:15 PM
hmmm...interesting. and bwieses warning on trolls. i hope this is not one

AJAX22
01-13-2008, 3:53 PM
From Page 35 of the 2006 Book:

IIRC, it's been determined that live ammo in a side saddle makes the gun "loaded".

Actually, there is case law which specifically states that ammo in a side saddle does equate a loaded weapon.

The ammunition has to be 'in battery' for the weapon to be considered loaded.

Unless of course you are a known gang member in which case a different set of laws applies to you.