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Register imported Hand Guns?

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  • Mstrty
    Senior Member
    • Nov 2008
    • 2443

    Register imported Hand Guns?

    I have a friend that lived in California from 1947-1998 he then moved to Texas. He was given a 22 ruger from his father in 1967 while he lived here in Cali. He took the ruger to Texas when he moved. While in Texas he purchased a similar one at a gun show (used no papers). (My brother Alemeda LEO) ran the texas gun, all good no record of it. Anyway in 2004 he is now back in Cali. he has never told California that he has them. Is he in violation of any law? if so what should he do.
    ~ ~
  • #2
    gunboat
    Veteran Member
    • Apr 2008
    • 3288

    What should he do ? or what should he do legally ?

    Comment

    • #3
      Mstrty
      Senior Member
      • Nov 2008
      • 2443

      Originally posted by gunboat
      What should he do ? or what should he do legally ?
      Thats what I want to know. Do anything or do nothing?
      ~ ~

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        What should have been done was within 60 days of moving back to CA and becoming a CA resident, he should have sent in a New Resident Handgun Ownership Report with the applicable fees.


        Penal Code 12072
        (f)(2)(A) On or after January 1, 1998, within 60 days of bringing a pistol, revolver, or other firearm capable of being concealed upon the person into this state, a personal handgun importer shall do one of the following:
        (i) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question.
        (ii) Sell or transfer the firearm in accordance with the provisions of subdivision (d) or in accordance with the provisions of an exemption from subdivision (d).
        (iii) Sell or transfer the firearm to a dealer licensed pursuant to Section 12071.
        (iv) Sell or transfer the firearm to a sheriff or police department.

        Penal Code 12001
        (n) As used in this chapter, a "personal handgun importer" means an individual who meets all of the following criteria:
        (1) He or she is not a person licensed pursuant to Section 12071.
        (2) He or she is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
        (3) He or she is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
        (4) He or she is the owner of a handgun.
        (5) He or she acquired that handgun outside of California.
        (6) He or she moves into this state on or after January 1, 1998, as a resident of this state.
        (7) He or she intends to possess that handgun within this state on or after January 1, 1998.
        (8) The handgun was not delivered to him or her by a person licensed pursuant to Section 12071 who delivered that firearm following the procedures set forth in Section 12071 and subdivision (c) of Section 12072.
        (9) He or she, while a resident of this state, had not previously reported his or her ownership of that handgun to the Department of Justice in a manner prescribed by the department that included information concerning him or her and a description of the firearm.
        (10) The handgun is not a firearm that is prohibited by subdivision (a) of Section 12020.
        (11) The handgun is not an assault weapon, as defined in Section 12276 or 12276.1.
        (12) The handgun is not a machinegun, as defined in Section 12200.
        (13) The person is 18 years of age or older
        Last edited by Quiet; 02-13-2009, 1:11 AM. Reason: added PC cite
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

        Comment

        • #5
          Mstrty
          Senior Member
          • Nov 2008
          • 2443

          Originally posted by Quiet
          What should have been done was within 60 days of moving back to CA and becoming a CA resident, he should have sent in a New Resident Handgun Ownership Report with the applicable fees.
          Ok but we are not there. What do we do now? Short of him turning himself in to authorities is there any recourse that won't start any legal problems
          I noticed on the form it does not ask when the firearms entered the state.
          ~ ~

          Comment

          • #6
            Quiet
            retired Goon
            • Mar 2007
            • 30241

            AFAIK. There is no penalty is sending in a New Resident Handgun Ownership Report after the 60 day time period.

            So, he could still do that or he could register them by sending in a Firearm Ownership Report with applicable fees.

            Not totally sure what's to be done since it's been about 5 years.
            sigpic

            "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

            Comment

            • #7
              Mstrty
              Senior Member
              • Nov 2008
              • 2443

              Originally posted by Quiet
              AFAIK. There is no penalty is sending in a New Resident Handgun Ownership Report after the 60 day time period.

              So, he could still do that or he could register them by sending in a Firearm Ownership Report with applicable fees.

              Not totally sure what's to be done since it's been about 5 years.
              Thanks I will advise him to file as soon as possible. Short of the few years he lived in Texas, he lived in Ca. his whole life. Registering his handguns never crossed his mind till we talked a couple of days ago. I told him to come on here and ask, but he is old and not very forum literate. crazy old man
              Thanks for the advice.
              ~ ~

              Comment

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