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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 04-21-2007, 7:31 PM
HellBent HellBent is offline
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Default Filing a "NEW RESIDENT HANDGUN OWNERSHIP REPORT" late???

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
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Old 04-21-2007, 7:37 PM
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No. The law says you cannot be procecuted if the only knowlege they have of the unregistered gun comes from your registration paperwork.
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Old 04-21-2007, 11:26 PM
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Originally Posted by Blackwater OPS View Post
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.)
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Old 04-22-2007, 5:07 AM
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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.
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Old 04-22-2007, 1:25 PM
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Thanks for the quick answers guys. This place is always helpful.

-AL
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Old 04-22-2007, 1:33 PM
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Quote:
Originally Posted by Amendment II View Post
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.
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Last edited by bwiese; 04-22-2007 at 1:36 PM..
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Old 04-23-2007, 11:42 PM
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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.
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Old 04-24-2007, 9:06 AM
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Originally Posted by 67Charger View Post
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.
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  #9  
Old 04-24-2007, 9:25 AM
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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.
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Old 04-24-2007, 11:44 AM
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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."
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Old 04-24-2007, 9:27 PM
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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?
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Old 04-24-2007, 9:42 PM
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Quote:
Originally Posted by mattmcg View Post
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.
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Old 03-26-2008, 1:51 PM
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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
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  #14  
Old 03-26-2008, 2:11 PM
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Quote:
Originally Posted by Contra3 View Post
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.
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Old 03-26-2008, 2:20 PM
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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?
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Old 03-26-2008, 2:25 PM
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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.
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Old 03-26-2008, 3:05 PM
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Originally Posted by Blackwater OPS View Post
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?
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Old 03-26-2008, 3:31 PM
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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.
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Old 03-26-2008, 3:33 PM
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Originally Posted by 5150Marcelo View Post
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.
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Old 03-26-2008, 4:21 PM
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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!
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Old 03-26-2008, 8:18 PM
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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.
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Old 03-26-2008, 9:31 PM
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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?
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Old 03-26-2008, 10:45 PM
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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.
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Old 03-27-2008, 9:06 AM
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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.
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Old 03-27-2008, 9:24 AM
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"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?
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Old 03-27-2008, 11:03 AM
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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...
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