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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 06-10-2012, 9:40 PM
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Question HELP found a gun in storage auction unit. now how do i make it mine?

Hi, thanks for checking in. I hope in posting this in the right thread and I hope you can help me.

I'm trying to get some information for a friend on how to transfer a gun in his name.

Here's the story:

The gun was found in a storage auction. It's an older gun that im told is legal in California. I've looked it up on here. But it may or may not be registered to someone.

The label on the case has the owners name, matching serial #
and has these dates
DEP DT 08/30/97
DROS DT 08/30/97
REL DT 09/10/97
LAWAWAY# 4875

Now im told that legally since the unit was purchased, it belongs to the buyer but we don't know how to go about getting the gun title transferred. I'm waiting for a local gun shop to get back to us on the info but thought i'd ask here since there are alot of knowledgable people here.

ANY help would be appreciated. Thanks in advance.

i also found this thread here and got some good information but not what i needed.
http://www.calguns.net/calgunforum/s...d.php?t=457127


here is some more info i found on the Intratec
http://parallaxscurioandrelicfirearm...c#.T88C3dUfSFA

Last edited by RebornS14; 06-10-2012 at 11:19 PM.. Reason: added link
  #2  
Old 06-10-2012, 10:01 PM
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I thought firearms in bought storage lockers had to be tuned over to the owners of the lockers.
  #3  
Old 06-10-2012, 10:18 PM
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i found this on another thread

Quote:
Originally Posted by jtmkinsd View Post
If the property is in the storage unit...and you win the bidding process...and there are guns inside, they are yours...the storage company has obtained them through "Operation of Law" and generally any firearms that are found in the units are sent to an FFL with you as the purchaser, and the auction company/storage company as the retailer (they are dealer transfers so you are going to pay full price for any transfer. There may also be another stop to the guns journey...firearms from property auctions are sometimes sent to law enforcement before the FFL so they may do a check to see if any were possibly used in a crime, and they generally take a sample round for ballistics.

When someone defaults on a storage unit, the storage company gets a lein on the contents...they auction (liquidate) the contents to cover the past-due storage fees and when you bid and win, the contents are yours (in the case of firearms they are yours pending the background check)

The relevent PC is 12070(b)(1)
  #4  
Old 06-10-2012, 10:21 PM
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The former owner forfeit ownership by abandoning the contents of the storage unit. The proper form for Voluntary Registration can be downloaded at the Calif. DOJ website. Submit the completed form along with $19 and you're good.
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Old 06-10-2012, 10:25 PM
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Quote:
Originally Posted by Purple K View Post
The former owner forfeit ownership by abandoning the contents of the storage unit. The proper form for Voluntary Registration can be downloaded at the Calif. DOJ website. Submit the completed form along with $19 and you're good.
oh wow that simple? i will look into it now. thanks a bunch. i hope thats all.

is this the right form?
http://oag.ca.gov/sites/all/files/pd...ms/volreg.pdf?

Last edited by RebornS14; 06-10-2012 at 10:31 PM..
  #6  
Old 06-10-2012, 10:33 PM
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Fillout this form, send in your money.
http://oag.ca.gov/sites/all/files/pd...orms/oplaw.pdf
  #7  
Old 06-10-2012, 10:36 PM
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you guys are so awesome. thank you so much!
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Old 06-10-2012, 10:41 PM
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What kind of gun is it?
  #9  
Old 06-10-2012, 10:43 PM
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  #10  
Old 06-10-2012, 10:44 PM
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Quote:
Originally Posted by BIGDOG805 View Post
What kind of gun is it?

Intratec AB-10 9mm semi-auto

Last edited by RebornS14; 06-10-2012 at 11:12 PM..
  #11  
Old 06-10-2012, 10:49 PM
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Intratec AB-10 9mm semi-auto

That's an AW. Don't think you can take possession legally, much less sell it.

I might be wrong on the former, your friend who owns the unit now might be able to take possession if it is made California compliant.

But he can't just give it to you so you can sell it. No no. That isn't slap on the wrist no no. That is "go to jail for felony" no no.

I am not a lawyer. Contact bweiss or someone who knows California AW laws better than I do.
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Last edited by nn3453; 06-10-2012 at 10:53 PM..
  #12  
Old 06-10-2012, 10:54 PM
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Yep, I'm pretty sure you're out of luck on an AB-10.
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  #13  
Old 06-10-2012, 10:58 PM
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Sell on gun broker to out of state buyer ASAP.
  #14  
Old 06-10-2012, 11:04 PM
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Intratec AB-10 is not banned by name. Intratec TEC-9 is.
It will need a magazine lock because the magazine it outside of the pistol grip

Quote:
Definition of Assault Weapon Roberti-Roos Assault Weapons Control
Act of 1989 and the .50 Caliber BMG Regulation Act of 2004.

As used in this chapter, "assault weapon" shall mean the following
designated semiautomatic firearms:
(b) All of the following specified pistols:
(1) UZI*
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and M11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
PC 12276(e)
(b) Pistols
MARS Pistol
Professional Ordnance, Inc. Carbon 15 Pistol
* (1) (marked “UZI Pistol” only)
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  #15  
Old 06-10-2012, 11:05 PM
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Quote:
Originally Posted by nn3453 View Post
Intratec AB-10 9mm semi-auto

That's an AW. Don't think you can take possession legally, much less sell it.

I might be wrong on the former, your friend who owns the unit now might be able to take possession if it is made California compliant.

But he can't just give it to you so you can sell it. No no. That isn't slap on the wrist no no. That is "go to jail for felony" no no.

I am not a lawyer. Contact bweiss or someone who knows California AW laws better than I do.

got it, so he'll do the paperwork. THANKS

Quote:
Originally Posted by socalbowhunter View Post
Yep, I'm pretty sure you're out of luck on an AB-10.
i found this in another thread regarding this gun.

Quote:
Originally Posted by Turbinator View Post
I'm no expert, but I'm going to throw a few thoughts out there.

My belief is that the TEC9 and DC9 cannot be had in their original configurations even if bullet buttoned, because of two evil features -

1) barrel shroud
2) threaded barrel

These alone would make the gun an assault weapon, if I'm not mistaken.

The AB10, if bullet buttoned, gets around this because there is no barrel shroud, nor is the barrel threaded. Other than this, for all functional purposes, the AB10 is the same gun as the TEC9 or TEC DC9.

So, a person who wishes to otherwise own this gun would be best served looking for a CA legal AB10 - there are some around, I saw a few shops offering these as single shot conversions once.

In my personal experience, the gun actually proved to be reliable and a consistent shooter. The fixed barrel (it's a straight blowback design) seemed to aid in accuracy. The sights are fairly simple. The trigger is not great, but is functional. Recoil is manageable, despite the gun being a blowback. The gun is hard on brass, and throws the brass pretty far to the right.

Turby
  #16  
Old 06-10-2012, 11:08 PM
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There is so much fail in this thread. Any of the above answers is illegal, and some constitute a felony.

Firearms can not be transferred in a storage sale in the manner without violating state and federal law concerning te transfer of firearms.
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  #17  
Old 06-10-2012, 11:09 PM
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Your going to have to put some kind of mag lock and a 10 round magazine to sell it in California legally. It is considered an assault weapon by features as is with the detachable 32 round magazine. Your friend finding it, giving it to you, you doing the voluntary registration, and then selling it PPT, and anouncing it on the internet is not a good idea. I would ask someone in the know the proper way to do it. But first and formost, the gun needs a 10 round magazine and a mag lock, or your friend is in possesion of an illegal assault weapon.
  #18  
Old 06-10-2012, 11:17 PM
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ok i will tell him to dissassemble the magazine until he can figure out a way to make it a 10round. (hopefully that's already been done) he doesnt know if it hold more than 10rounds.

also where can he get a mag lock for this gun?
  #19  
Old 06-10-2012, 11:22 PM
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Can they field strip it; until it can be brought into compliance? U really should contact a firearm saavy attorney.
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Old 06-10-2012, 11:26 PM
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Quote:
Originally Posted by RebornS14 View Post
ok i will tell him to dissassemble the magazine until he can figure out a way to make it a 10round. (hopefully that's already been done) he doesnt know if it hold more than 10rounds.

also where can he get a mag lock for this gun?
If your friend has already taken possession, he is in possession of an illegal AW.

I'd contact a lawyer or the CGF and not post anything more on the Internet.

Please, for his sake.
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Old 06-10-2012, 11:29 PM
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Quote:
Originally Posted by compulsivegunbuyer View Post
Your going to have to put some kind of mag lock and a 10 round magazine to sell it in California legally. It is considered an assault weapon by features as is with the detachable 32 round magazine. Your friend finding it, giving it to you, you doing the voluntary registration, and then selling it PPT, and anouncing it on the internet is not a good idea. I would ask someone in the know the proper way to do it. But first and formost, the gun needs a 10 round magazine and a mag lock, or your friend is in possesion of an illegal assault weapon.
will this work for a mag lock?
http://www.calguns.net/calgunforum/s...d.php?t=240918


Quote:
Originally Posted by nn3453 View Post
If your friend has already taken possession, he is in possession of an illegal AW.

I'd contact a lawyer or the CGF and not post anything more on the Internet.

Please, for his sake.
GOT IT!
  #22  
Old 06-10-2012, 11:31 PM
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Quote:
Originally Posted by nn3453 View Post
If your friend has already taken possession, he is in possession of an illegal AW.

I'd contact a lawyer or the CGF and not post anything more on the Internet.

Please, for his sake.
even though it's semi automatic?
  #23  
Old 06-10-2012, 11:44 PM
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Quote:
Originally Posted by RebornS14 View Post
even though it's semi automatic?
If it was FA your friend would be in Federal trouble.

Yes. As it stands without a magazine lock it is what California defines as an "Assault Weapon" therefore illegal.
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Old 06-10-2012, 11:46 PM
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Quote:
Originally Posted by RebornS14 View Post
even though it's semi automatic?
Having a detachable magazine outside of the pistol grip makes it an AW. Read the "CA Handgun Ban ID Flowchart" from the "flowcharts" drop down menu above. It is in the blue header just below the banner ads on every page.
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Old 06-10-2012, 11:51 PM
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Quote:
Originally Posted by Ron-Solo View Post
There is so much fail in this thread. Any of the above answers is illegal, and some constitute a felony.

Firearms can not be transferred in a storage sale in the manner without violating state and federal law concerning te transfer of firearms.
Going with this answer, and closing this thread.

Turby
  #26  
Old 06-11-2012, 12:46 AM
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Aside from the AB-10 problem, the last time we had the storage-unit question, it seems like --

* The secured party, the company renting the unit to the customer, becomes owner of the unit contents on default of the rental contract.

* If there are firearms, they become owner of the firearms by operation of law, as a secured creditor.

* The company or its agent should file an OPLAW form to legally take possession. That can't happen unless/until the unit contents are inspected to discover the firearms, either before the sale of the unit contents or after.

* Once that form is filed, the company or its agent can PPT a legal weapon to the person who bought the unit contents, as part of settling that purchase.
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Last edited by Librarian; 06-11-2012 at 12:48 AM..
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