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patriotcowboy
07-05-2012, 12:04 AM
is it legal to own an unregistered handgun in california? i cant find a definitive answer anywhere. :beatdeadhorse5:

AK all day
07-05-2012, 12:18 AM
soooo, do you want another non-definitive answer? :)


I'm thinking NO.

Chaos47
07-05-2012, 12:27 AM
There are plenty of pistols out there that where owned before they started doing registration. BUT I assume that that is not what you are talking about...

If you legally own it:

Send in the volreg with the money
http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

Or if you are a new resident send in this form and the money
http://oag.ca.gov/sites/all/files/pd...s/ab991frm.pdf

If you did an illegal transfer I can't help you

Librarian
07-05-2012, 12:30 AM
The simple answer is "yes".

That said, it's a misdemeanor to transfer most firearms in CA without using a CA-FFL; the DROS submitted for handguns includes your personal info plus the gun info, which I maintain is not distinguishable from registration.

See also the wiki -- http://wiki.calgunsfoundation.org/Firearms_registration

Quiet
07-05-2012, 12:31 AM
It is legal to own an unregistered handgun in CA.

However...

An unregistered handgun is a sentence enhancer for certain firearm releated offenses (makes misdemeanors into felonies).

patriotcowboy
07-05-2012, 12:48 AM
if my grandpa died, and he left a CA legal handgun behind, do i have to register it?

Quiet
07-05-2012, 4:41 AM
if my grandpa died, and he left a CA legal handgun behind, do i have to register it?

Yes.
Starting in 1993, per CA laws, intra-familial transfer of handguns are required to be reported to CA DOJ BOF within 30 days of acquiring the firearm. Failure to do so is a misdemeanor. [PC 27875]


Penal Code 27875
Section 27545 does not apply to the transfer of a handgun, and commencing January 1, 2014, any firearm, by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the Department of Justice.
(d) The person taking title to the firearm shall first obtain a handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.

morrcarr67
07-05-2012, 5:02 AM
Yes.
Starting in 1993, per CA laws, intra-familial transfer of handguns are required to be reported to CA DOJ BOF within 30 days of acquiring the firearm. Failure to do so is a misdemeanor. [PC 27875]




Here's your form: http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?

Socalman
07-05-2012, 7:14 AM
My father died in 1963 and I was given his old .32. I do not believe that needs to be registered does it?

CSACANNONEER
07-05-2012, 7:18 AM
As long as the gun was originally legally transfered to you, it does not need to be registered. Or, if the handgun has NEVER been transfered, there is no need to register it. So, you could have legally purchased it at a garage sale in 1982 or manufactured it yourself on 7-5-12 and there would be no requirement to register it. There are many other legal senerios as well.

My father died in 1963 and I was given his old .32. I do not believe that needs to be registered does it?

Nope. You are not required to register it.

paul0660
07-05-2012, 7:22 AM
soooo, do you want another non-definitive answer? :)


I'm thinking NO.

Read and learn Dillon, there is some amazing stuff going on in this forum.

RickD427
07-05-2012, 9:56 AM
is it legal to own an unregistered handgun in california? i cant find a definitive answer anywhere. :beatdeadhorse5:

From the previous postings, you can see why its hard to get a definitive answer. California law is never clear, its rarely on point, and it changes over time.

California has never made the mere possession of an unregistered handgun a crime. However if you arrested for carrying the weapon either concealed, or loaded, in a public place, the arrest is a misdemeanor if the weapon is registered to you. It's a felony if the weapon is not registered to you.

California has enacted laws requiring persons importing handguns into the state, and acquiring firearms within the state to register those firearms. (California doesn't like the word "Registration", but the processes involved are the same). Those laws were not retroactive. Even though you cannot be charged for possessing an unregistered handgun, you could be charged for failing to register a handgun that you received or imported.

SDM44
07-05-2012, 11:01 AM
Same as building an AR pistol from an 80% piece, and not having any serial number on it or registering it.

patriotcowboy
07-05-2012, 1:19 PM
this gun has never been registered, it has been passed down from man to man since 1907. it has never been officially transferred to anyone

Quiet
07-05-2012, 1:33 PM
this gun has never been registered, it has been passed down from man to man since 1907. it has never been officially transferred to anyone

Point of fact...
Prior to 1991, "passed down from man to man" = legal method of transferring a firearm in CA.

CSACANNONEER
07-05-2012, 3:50 PM
From the previous postings, you can see why its hard to get a definitive answer. California law is never clear, its rarely on point, and it changes over time.

California has never made the mere possession of an unregistered handgun a crime. However if you arrested for carrying the weapon either concealed, or loaded, in a public place, the arrest is a misdemeanor if the weapon is registered to you. It's a felony if the weapon is not registered to you.

California has enacted laws requiring persons importing handguns into the state, and acquiring firearms within the state to register those firearms. (California doesn't like the word "Registration", but the processes involved are the same). Those laws were not retroactive. Even though you cannot be charged for possessing an unregistered handgun, you could be charged for failing to register a handgun that you received or imported.

Yes, but, there are hundreds of thousands of legal unregistered handguns in Ca. Illegally purchasing or illegally importing one would be a crime and the gun would be confinscated as evidence of a crime. So far, no one except you has even hinted at aquiring guns illegally and not registering them.

RickD427
07-05-2012, 4:13 PM
Yes, but, there are hundreds of thousands of legal unregistered handguns in Ca. Illegally purchasing or illegally importing one would be a crime and the gun would be confinscated as evidence of a crime. So far, no one except you has even hinted at aquiring guns illegally and not registering them.

You're quite correct, I'm also sure that there are thousands of legally possessed, and unregistered, handguns in the state. Those would include handguns acquired, or imported, prior to the registration requirements. It would also include firearms lawfully manufactured by the possessor.

My point, in response to the question posed, was that if an individual failed to register an imported handgun, or acquired one through an improper transfer, they could not be prosecuted for possessing an unregistered handgun (because there is no such offense) but they could be prosecuted for the improper importation or acquisition. There's no "hint" at doing anything illegal. That's just a "straight shooting" answer to the question. Please note the OP was looking for a definitive answer and was having difficulty finding one.