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  #1  
Old 01-15-2011, 4:07 PM
stanware stanware is offline
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Default question about nonDRS private party gift

hypothetical question answered...

Last edited by stanware; 01-15-2011 at 8:08 PM.. Reason: answered
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  #2  
Old 01-15-2011, 4:17 PM
stanware stanware is offline
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answered

Last edited by stanware; 01-15-2011 at 8:09 PM.. Reason: answered
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Old 01-15-2011, 4:22 PM
jtmkinsd jtmkinsd is offline
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Legally you do not have to do anything at all. If you wish to register them in your name, the voluntary registration form is fine, but you aren't required to.
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  #4  
Old 01-15-2011, 5:02 PM
stanware stanware is offline
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answered

Last edited by stanware; 01-15-2011 at 8:09 PM..
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  #5  
Old 01-15-2011, 5:51 PM
sk8804 sk8804 is offline
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haha i thought this was a hypothetical situation. Lol. I think it was an illegal transfer.
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  #6  
Old 01-15-2011, 5:59 PM
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mif_slim mif_slim is offline
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It is a hypotecitcal response right, stanware? Lol
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Old 01-15-2011, 6:11 PM
stanware stanware is offline
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Yup everything is hypothetical. So what would someone with this specific hypothetical situation do?
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Old 01-15-2011, 6:46 PM
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Statute of limitations has long expired on your illegal transfer.
Voluntary Registration form and $19 will transfer the registration into your name.

If the gun were unregistered, as in you got it from a friend who bought it in a "free" state, then I wouldn't worry about it, but there are some crimes that carry enhancements if the gun you have is not registered to you.
Since it's been in the system in his name since '93, I'd correct that.
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Old 01-15-2011, 7:14 PM
stanware stanware is offline
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hypothetical question answered

Last edited by stanware; 01-15-2011 at 8:09 PM.. Reason: answered
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  #10  
Old 01-15-2011, 7:21 PM
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Quote:
Originally Posted by stanware View Post
hypothetically he got it in CA, but we did not intend for it to be an illegal transfer as he simply gave me it for safekeeping as he thought he might return to the U.S. But he never did...
Hypothetically, that would still have become an illegal transfer on day-31.

You can lend someone a handgun for 30 days.

But like I said, that doesn't matter. Any statute of limitations on the transfer has long expired, so even though it was an illegal transfer, there has been no ongoing crime in your continued possession of the gun.
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Also, do you have any idea if I need a current Handgun Safety Certificate? I know when I bought my own gun in 91' I didn't need to take a test or anything.
The HSC would only be needed if someone were to lend you a gun today, or for you to receive one from DROS.
What you need to do is simply complete the VolReg form and send it in with $19. No HSC required.
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Quote:
Originally Posted by dantodd View Post
A just gov't will not be overthrown by force or violence because the people have no incentive to overthrow a just gov't. If a minority of people attempt such an insurrection to grab power and enslave the people, the RKBA is our insurance against their success.
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  #11  
Old 01-15-2011, 7:26 PM
TangoCharlie TangoCharlie is offline
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The statute of limitations may have run out, but this does not clear up the title problem with the guns. They are contraband since they were not transderred to you legally.

While they may not belong to him anymore, they dont legitimately belong to you.
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  #12  
Old 01-15-2011, 7:48 PM
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Quote:
Originally Posted by TangoCharlie View Post
The statute of limitations may have run out, but this does not clear up the title problem with the guns. They are contraband since they were not transderred to you legally.

While they may not belong to him anymore, they dont legitimately belong to you.
Possession of a handgun not registered to you is not a crime in and of itself, though it does enhance other crimes, turning some misdemeanors into felonies.
An illegally transferred handgun is still the legal property of the receiver, despite the fact that the DOJ paperwork was not completed at the time of gift or sale.

The only "gotcha" could be if the gun has been reported stolen.
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Quote:
Originally Posted by dantodd View Post
A just gov't will not be overthrown by force or violence because the people have no incentive to overthrow a just gov't. If a minority of people attempt such an insurrection to grab power and enslave the people, the RKBA is our insurance against their success.
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  #13  
Old 01-15-2011, 8:10 PM
stanware stanware is offline
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thanks for all the replies, got my issue cleared up..
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