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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 04-13-2008, 10:06 PM
Briarfox Briarfox is offline
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Default When my Grandfather passed I got his 22LR

I was reading the post "Out of State, Inter-Family Handgun Gift?" and got to thinking about a 22LR and 22 Revolver that my grandfather game when when he passed away in the late 80's. Bother were purchased by him and his brother when they were kids.

My question is, Do I have to register them? I'm very new to the gun world and am not sure what I'm legally required to do.
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Old 04-13-2008, 10:23 PM
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IIRC, if you received the guns in the late eighties and were in CA at the time, you aren't required to do anything but enjoy them.
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Old 04-14-2008, 7:44 AM
Briarfox Briarfox is offline
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I do not have any proof other then my grandfather passing. And does this apply for the handgun and LR? I can't see a cop making a fuss over a .22 anyway. I'm just wondering if I'm risking anything buy plinking with these at the range.
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Old 04-14-2008, 7:53 AM
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Applies to both. rkt88edmo gave you good information as to why. The range you plink at could care less. A policeman would only care if it was used in a crime.
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Old 04-14-2008, 7:57 AM
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So If I get pulled over and asked if they are registered I can explain that they are not and were acquired in the late 80's no proof necessary?
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Old 04-14-2008, 8:01 AM
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Transfers of handguns through FFLs in CA (CA handgun DROS records/de facto handgun registration) only became mandatory in 1991.
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Old 04-14-2008, 8:07 AM
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rkt88edmo, Hawk1, Thanks for the info. I was a question that has been nagging me for years.
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Old 04-14-2008, 9:07 AM
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Quote:
Originally Posted by Briarfox View Post
So If I get pulled over and asked if they are registered I can explain that they are not and were acquired in the late 80's no proof necessary?
I think I would re-word that a bit and instead if asked "are they registered" I'd say they were willed to you back in the 80's by your late grandfather who was the original owner.
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Old 04-14-2008, 9:15 AM
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There is no provision which requires you to register the pistols that you own.

It is only when you import them into the state, or transfer ownership.

There is no law which requires you to even register the pistols that you build yourself for your own personal use.
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Old 04-14-2008, 9:56 AM
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The main difference, a moot point for law abiding citizens who never make a mistake:

If you are caught illegally carrying a pistol registered to you, it is a misdemeanor, whereas if it is not, it is a felony.

Afterthought: If you are new to this, you might not realize that registration is easy and inexpensive. They aren't really bothered about where the pistol came from, just tell them (the DoJ) when and how it came into your possession. There's a form for doing this somewhere, don't have a link to hand.
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  #11  
Old 04-14-2008, 10:34 AM
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Quote:
Originally Posted by Glock22Fan View Post
The main difference, a moot point for law abiding citizens who never make a mistake:

If you are caught illegally carrying a pistol registered to you, it is a misdemeanor, whereas if it is not, it is a felony.

Afterthought: If you are new to this, you might not realize that registration is easy and inexpensive. They aren't really bothered about where the pistol came from, just tell them (the DoJ) when and how it came into your possession. There's a form for doing this somewhere, don't have a link to hand.
Here is the pdf file from DOJ that Glock22Fan mentions above. Fee is $19 to process. Fill it out and send in if it gives you some peace of mind.

http://ag.ca.gov/firearms/forms/pdf/volreg.pdf
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Old 04-15-2008, 9:08 AM
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So far what I've gathered is that there is nothing to worry about with the rifle. Now if I were to carry the handgun illegally (concealed or with ammo) then it would be a felon since it's not registered. However, if it was registered it would be a misdemeanor, correct? However if I obey the laws as far as transporting and not concealing then there is nothing to worry about.

Thing is would I really want a handgun registered that does not need to be registered?
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Old 04-15-2008, 9:46 AM
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Quote:
Originally Posted by Briarfox View Post
Snipped... Now if I were to carry the handgun illegally (concealed or with ammo) then it would be a felon since it's not registered. However, if it was registered it would be a misdemeanor, correct? However if I obey the laws as far as transporting and not concealing then there is nothing to worry about.

Thing is would I really want a handgun registered that does not need to be registered?
No, if you commit a crime with the handgun, you have added penalties applied because it wasn't registered.

Felony or misdemeanor charges would depend on your prior record or severity of the crime.

As far as registering it, to me it doesn't matter if it is or not. I suppose if I lived a life of crime I wouldn't want it registered. I don't, so I'm not concerned with that.
You need to ask yourself why you would or wouldn't, then go with that.
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Old 04-15-2008, 9:59 AM
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Quote:
Originally Posted by AJAX22 View Post
There is no provision which requires you to register the pistols that you own.

It is only when you import them into the state, or transfer ownership.

There is no law which requires you to even register the pistols that you build yourself for your own personal use.
so if i wanted to buy a handgun from my brother - inlaw in north carloina that was not on the approved CA list could i do so?
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Old 04-15-2008, 9:59 AM
mymonkeyman mymonkeyman is offline
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Quote:
Originally Posted by Glock22Fan View Post
If you are caught illegally carrying a pistol registered to you, it is a misdemeanor, whereas if it is not, it is a felony.
This is not quite right. The concealed statute is punished as a felony for carrying concealed illegally when the gun is stolen or not "lawfully possessed." When it's carried illegally concealed and loaded (or with ammo readily accessible) and the handgun is not registered, it's a wobbler.

Quote:
(2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
...
(4) Where the person is not in lawful possession of the firearm,
as defined in this section, or the person is within a class of
persons prohibited from possessing or acquiring a firearm pursuant to
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, as a felony.
...
(6) By imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment
if
both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being
concealed upon the person and the unexpended ammunition capable of
being discharged from that firearm are either in the immediate
possession of the person or readily accessible to that person
, or the
pistol, revolver, or other firearm capable of being concealed upon
the person is loaded
as defined in subdivision (g) of Section 12031.

(B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
registered owner of that pistol
, revolver, or other firearm capable
of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.
So if stolen or not lawfully possessed (or other things, like prior felonies, gang membership), it's a felony. If you are illegally carrying concealed and loaded, and it's not registered, then you can be sentenced to state prison or county jail and/or fined up to $1000. This means it is a wobbler: if you are sent to prison, it's a felony, if you are sent to jail, it's a misdemeanor. If it is registered, you cannot be sentenced to state prison, only up to 1 year in county jail and/or fined up to $1000.

Similarly under the loaded statute, carrying a an unregistered loaded handgun is a wobbler, whereas carrying a registered loaded handgun without other bad facts (like gang member, committing a crime, etc.) is strictly a misdemeanor.

Quote:
(F) Where the person is not listed with the Department of Justice
pursuant to Section 11106, as the registered owner of the pistol,
revolver, or other firearm capable of being concealed upon the
person, by imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, or by a fine not to exceed one
thousand dollars ($1,000), or both that fine and imprisonment.
(G) In all cases other than those specified in subparagraphs (A)
to (F), inclusive, as a misdemeanor, punishable by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that imprisonment and fine.
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Last edited by mymonkeyman; 04-15-2008 at 10:12 AM..
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  #16  
Old 04-15-2008, 10:47 AM
Briarfox Briarfox is offline
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Thanks for the info guys, I really appreciate it. I'll probably end up registering the hand gun.
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  #17  
Old 04-15-2008, 12:18 PM
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Quote:
Originally Posted by rkt88edmo View Post
Transfers of handguns through FFLs in CA (CA handgun DROS records/de facto handgun registration) only became mandatory in 1991.
How bout long guns? When did it become mandatory to go through a FFL for a PPT?
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Old 04-15-2008, 12:34 PM
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I don't know, probably at the same time - but there is no database of long guns maintained. They will know if you have DROS's rifles, but they won't know the specifics. For the handguns they know the specifics.
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Old 04-15-2008, 1:05 PM
Briarfox Briarfox is offline
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I also read that a grandparent/parent can pass down a long rifle without DROS even today.
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