PDA

View Full Version : Home self defense legal question


celticstorm
09-15-2013, 9:27 AM
These new California laws that just passed have me scared and confused. If I shoot someone attacking me in my own home with a handgun that my husband gave me as a gift... under these new laws would I go to jail sense the gun is not registered to me? If someone is breaking in my home I am going to grab the nearest gun available. I shouldn't have to worry if that particular weapon is registered to me or my husband. Seems incredible to even think this is possible?:confused:

nadodave
09-15-2013, 9:43 AM
I don't honk you can technically receive a handgun as a gift unless you have a handgun safety certificate, with no exception for husband/wife transfer.

But if it is legally owned by your husband, you can use it to defend yourself.

Someone with more specific info and more knowledge of the law codes will be along shortly I'm sure.

Tripper
09-15-2013, 9:59 AM
not go to jail for using that gun
a recent supreme case (in the last few years), if i recall correctly, even said a felon can protect himself with a gun, which of course cannot belong to or be registered to him. said a right to self defense even belongs to felons. he had gotten the gun from a home he was in, brother/wife/cousin or something, I forget the details.

I could be thinking of a lower court ruling that may have went to supremes and been rejected though too, but there is a case.

the rule of a gun being registered to you goes along with in public or in a car, not in ones home.

oh, dang, laws going into effect you said, I have no idea

Librarian
09-15-2013, 11:33 AM
The bills (as of this morning) are not yet signed by the governor, so are not yet law.

Perhaps you could identify which bill is causing you such concern?

While each self-defense occasion is highly dependent on the facts, I suspect 'use of a handgun not registered to the user, in that user's home (i.e., not in public)' would not be a significant problem.

glockman19
09-15-2013, 11:38 AM
These new California laws that just passed have me scared and confused. If I shoot someone attacking me in my own home with a handgun that my husband gave me as a gift... under these new laws would I go to jail sense the gun is not registered to me? If someone is breaking in my home I am going to grab the nearest gun available. I shouldn't have to worry if that particular weapon is registered to me or my husband. Seems incredible to even think this is possible?:confused:

NO. I can't see any issue with the ownership of the gun unless you were/are a prohibited person.

celticstorm
09-15-2013, 3:54 PM
Thank you for your opinions. I was born and raised in California. I have been married to the same man for almost 50 years. We have been shooting guns our whole lives. Our 2 daughters were raised shooting guns. What is happening to my home state is unacceptable. We are lifetime Members of the NRA. I keep writing Gov. Brown and send all the appropriate faxes and emails but I feel like it is a waste of time. All these bills that the are trying to pass go against everything the 2nd Amendment stands for. Why should I have to flee my home to stay free! The criminals are not going to fallow ANY of these new laws. May God help us all.