Penal Code 12078 (c) (1) and OLLs

[ersatz]

So the above clearly indicates that there is no need to register an OLL. But on the same token a lot of people say you should carry around your DROS paperwork showing it's registered. There a certain perception with this firearm and I'm wondering if it would be prudent to reg it with the state. In my previous posts I mentioned I was helping a friend dispose of his father's collection. Well, long story short I persuaded him to keep a lower and build it up. While not required to reg it would it be advisable nonetheless? I recall one instance where I was asked to show DROS at a range. Could there be any possible ramifications if it's not registered to him? It might also be worth noting that his father's legal residence was in another state and the OLL was likely never regged in Kali.

I just completed my build and want to take him out to the range but am a little leary he could possibly endure problems for it not being regged in his name or with the state.

[Matt C]

It could help you avoid a few problems, in theory.

[hoffmang]

As long as you realize that you are not registering a the long gun as an AW and are in fact just volregging it, then it doesn't hurt. It may confuse the officer enough to make him think it is a properly registered AW.

-Gene

[ersatz]

As long as you realize that you are not registering a the long gun as an AW and are in fact just volregging it, then it doesn't hurt. It may confuse the officer enough to make him think it is a properly registered AW.

-Gene

Hmmm. I guess I don't fully understand the process then. Let's assume a hypothetical situation where we are enroute to or from a range and are pulled over by a LEO who subsequently searches the vehicle. He stumbles across the firearms. Is there some database of registered firearms he searches to ensure they are not stolen? If the gun did not show up as being registered to anyone is there any violation of the law or one he could possibly construe? Could he possibly confiscate it and arrest the owner?

Also assuming later that my friend wants to sell it to me would it help being registered? I guess it wouldn't as it didn't seem to be an issue with any previous firearm I've DROSed.

Essentially, I'm just trying to minimize any potenital harrassment that could possibly ensue.

[Matt C]

Hmmm. I guess I don't fully understand the process then. Let's assume a hypothetical situation where we are enroute to or from a range and are pulled over by a LEO who subsequently searches the vehicle. He stumbles across the firearms. Is there some database of registered firearms he searches to ensure they are not stolen?There is a database of stolen guns. Unless it was reported stolen or was a handgun, or AW, or was voluntarily registered, it's not in a database. If the gun did not show up as being registered to anyone is there any violation of the law or one he could possibly construe? Not simply because it was unregistered, unless he thought it was an AW.Could he possibly confiscate it and arrest the owner? That could happen for pretty much any gun, EBRs up the odds.


Legal AWs have to be registered, what registering your non-AW EBR (though a different process mind you, AW registrations are no longer allowed) does is confuse the ignorant cop who thinks your non-aw is an aw into thinking you have a registered AW. Maybe.

[ersatz]

Ok, so potentially more harm than good. But when I DROSed my OLL it was not registered in to DoJ database? How are cops confiscating long guns because they weren't registered? I assumed there was some db that they could check. Perhaps the burden of proof for registration lies with the owner then. Granted the LEOs are likely unjustified in their actions but what can you do at that moment.

Also I well aware of the differences of AW registration versus this scenario. I guess I was under the false presumption that long guns that are DROSed are entered in some database for verification. Perhaps this only the case with hand guns. Thank you for the quick responses and I will ponder this matter a little more extensively with the info that you all have provided.

[Matt C]

Ok, so potentially more harm than good. But when I DROSed my OLL it was not registered in to DoJ database? How are cops confiscating long guns because they weren't registered? I assumed there was some db that they could check. Perhaps the burden of proof for registration lies with the owner then. Granted the LEOs are likely unjustified in their actions but what can you do at that moment.

Also I well aware of the differences of AW registration versus this scenario. I guess I was under the false presumption that long guns that are DROSed are entered in some database for verification. Perhaps this only the case with hand guns. Thank you for the quick responses and I will ponder this matter a little more extensively with the info that you all have provided.

Your non-aw long gun (OLL) was never registered. There are actually laws against the information from your 4473 or DROS being kept as registration/database for long guns. If cops are confiscating legal non-aw long guns for "not being registered" (as the media has reported) then they are making **** up as they go, and are in fact criminals themselves operating under the color of law. You are in no way obligated to cooperate with them, although if you refuse it might get a bit dangerous. Personally I'd go with the ol' bullets first method of surrender. But I guess they don't give people like me that opportunity.