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Formerly knowledgeable, on CA gun laws, now feel like a dummy

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  • sharkman
    Junior Member
    • Jun 2009
    • 74

    Formerly knowledgeable, on CA gun laws, now feel like a dummy

    I have several questions which make me feel quite ignorant. For someone who used to be VERY knowledgeable on California gun laws, I now seem to know very little. First off, I am a retired 830.31 peace officer, with ID and badge, but no CCW. Until recently, I made only one handgun purchase, new, or used, IN STATE, and it was new, from a dealer (6 years ago, I bought a new S&W revolver). I just recently also bought a Glock, from ProForce, in Brea.
    1) Voluntary registration
    a) I remember that California used to have a "voluntary registration law" for guns not purchased from an FFL dealer. If I bought a gun from my friend, I had the choice to register it, or not. I understand that is no longer the case, and if I bought my friend's handgun, I MUST transfer it through an FFL dealer and pay a fee. When did this go into effect? I presume 1-1-2000?
    b) What are my responsibilities, in regards to handguns I owned PRIOR to the new law, and opted to NOT register them?
    2) Transfers
    a) What is my responsibility if I am gifted a new handgun (XD45), from a family member, while out of state, and wish to bring it back into California? (I understand that I may not bring the 14 rd. magazines into California)
    b) I travel quite a lot throughout the country, and stop at yard sales, looking for deals on anything I might be interested in. Occasionally, I see firearms for sale, and have always avoided purchasing them, due to my lack of familiarity with the law regarding bringing them into the state. If I were to buy something out of state, how do I bring it back legally?
    3) High Capacity Magazines
    a) Over the years, I have owned several firearms which had factory "high cap magazines" (Glock 17, Mini 14, M1A, 10-22, etc.), some of which, for various reasons, I sold, before the mandatory registration went into effect. But, I retained the magazines. From what I am reading here, it appears that possession of the magazines is okay. Do I read this correctly?
    b) What about those handguns, which legally (Pre-Ban) came new with hi-cap magazines (Smith Sigma .40, Browning Hi-Power, BDA-380, Beretta 84)? Do they need to be registered? Because of their magazine capacities, are they considered assault weapons, therefore subject to the Roberti/Roos assault weapons ban?

    I apologize for being so ignorant. 20 years ago, when I was still on the P.D., I WAS the knowledgeable guy, in the department. Hell, I was the guy who put together the list of approved weapons, our officers were allowed to carry, when we switched from wheelguns to autos, in 1987. I only wish they would have allowed me to choose the caliber, too. But, since retirement in 1991, I have only purchased 3 guns total, all new from dealers, the most recent, I picked up today. But, I am in better financial shape now, and want to start adding to my collection. I would like to grow it, and have several (mostly handguns) I wish to purchase, and want to remain legal, but also wish to not register anything more than I am required to register. I have the option to buy, and keep out of state, but it's not much fun owning something you have to go visit, to shoot it. And my sister does not have a safe. Though she is in a very low-crime, rural part of the country, things happen, and a random theft could leave me out of a few nice weapons, if one were to occur.
    I don't need Mr. Obama's version of Ruby Ridge to occur at my home. As a retired law enforcement officer, I respect the law, even when it is one I disagree with.

    George Mason,
    2 October 1778
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44691

    Things change. It's always good to ask.

    Answers, as far as I can give them, embedded and indented below each question.


    Originally posted by sharkman
    I have several questions which make me feel quite ignorant. For someone who used to be VERY knowledgeable on California gun laws, I now seem to know very little. First off, I am a retired 830.31 peace officer, with ID and badge, but no CCW. Until recently, I made only one handgun purchase, new, or used, IN STATE, and it was new, from a dealer (6 years ago, I bought a new S&W revolver). I just recently also bought a Glock, from ProForce, in Brea.
    1) Voluntary registration
    a) I remember that California used to have a "voluntary registration law" for guns not purchased from an FFL dealer. If I bought a gun from my friend, I had the choice to register it, or not. I understand that is no longer the case, and if I bought my friend's handgun, I MUST transfer it through an FFL dealer and pay a fee. When did this go into effect? I presume 1-1-2000?
    1 Jan 1991
    b) What are my responsibilities, in regards to handguns I owned PRIOR to the new law, and opted to NOT register them?
    Nothing needs to be done.
    2) Transfers
    a) What is my responsibility if I am gifted a new handgun (XD45), from a family member, while out of state, and wish to bring it back into California? (I understand that I may not bring the 14 rd. magazines into California)
    Smile, say thank you, and have them ship it to a CA FFL. If the gun is owned outside of CA, the Feds require the FFL for the interstate transfer. The actual geographical location is not relevant.

    Once the handgun gets to CA, the FFL can use an intrafamilial exception in DROS to allow non-Roster handguns. Note that family is ONLY child/grandchild to or from parent/grandparent. Brothers, uncles, cousins all excluded from the CA definition.

    But using the FFL, as required, also trips the lock requirement, the 10-day wait requirement, the HSC requirement, and the FFL's fee.
    b) I travel quite a lot throughout the country, and stop at yard sales, looking for deals on anything I might be interested in. Occasionally, I see firearms for sale, and have always avoided purchasing them, due to my lack of familiarity with the law regarding bringing them into the state. If I were to buy something out of state, how do I bring it back legally?
    Can't, unless the guns are C&R and you have the C&R FFL. Again, Feds require interstate transfers to go through FFL in the buyer's state.
    3) High Capacity Magazines
    a) Over the years, I have owned several firearms which had factory "high cap magazines" (Glock 17, Mini 14, M1A, 10-22, etc.), some of which, for various reasons, I sold, before the mandatory registration went into effect. But, I retained the magazines. From what I am reading here, it appears that possession of the magazines is okay. Do I read this correctly?
    Yes.
    b) What about those handguns, which legally (Pre-Ban) came new with hi-cap magazines (Smith Sigma .40, Browning Hi-Power, BDA-380, Beretta 84)? Do they need to be registered? Because of their magazine capacities, are they considered assault weapons, therefore subject to the Roberti/Roos assault weapons ban?
    Only a small number of handguns are 'assault weapons'; magazine capacity is not one of the characteristics, so no.

    I apologize for being so ignorant. 20 years ago, when I was still on the P.D., I WAS the knowledgeable guy, in the department. Hell, I was the guy who put together the list of approved weapons, our officers were allowed to carry, when we switched from wheelguns to autos, in 1987. I only wish they would have allowed me to choose the caliber, too. But, since retirement in 1991, I have only purchased 3 guns total, all new from dealers, the most recent, I picked up today. But, I am in better financial shape now, and want to start adding to my collection. I would like to grow it, and have several (mostly handguns) I wish to purchase, and want to remain legal, but also wish to not register anything more than I am required to register.
    Sensible enough
    I have the option to buy, and keep out of state,
    Sorry, generally no you don't. It's against Federal law to transfer almost any gun to someone the current owner, private or business, knows does not live in the same state where the gun owner lives. C&R is an exception, if you have that license.
    but it's not much fun owning something you have to go visit, to shoot it. And my sister does not have a safe. Though she is in a very low-crime, rural part of the country, things happen, and a random theft could leave me out of a few nice weapons, if one were to occur.
    I don't need Mr. Obama's version of Ruby Ridge to occur at my home. As a retired law enforcement officer, I respect the law, even when it is one I disagree with.
    For details, see the Calguns Foundation Wiki.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

    Comment

    • #3
      45_acp
      Member
      • Apr 2009
      • 402

      congrats on your first post.

      you still don't have to registration a handgun that you currently own and have owned from the 90's-ish, not sure about the exact date when mandatory registration went into affect for new purchase or transfers. Pre 2000 high cap mags do not need to be registered weather you own the gun they belong to or not.

      If someone gives you a gun out of state I think for one you need to make sure it is legal in CA (as some handguns are not), and secondly I think you would have to do an FFL transfer to legal get it in your name. I'm sure someone more experience on this topic will chime in.

      Comment

      • #4
        sharkman
        Junior Member
        • Jun 2009
        • 74

        A sincere THANK YOU!

        Thanks for the replies, folks. 20 years ago, I thought there were far too many gun laws on the books, for most people to understand, but used due diligence to familiarize myself with them, and was very confident in my knowledge of the gun laws which affect us here in the land of fruits and nuts.
        Recently, I purchased a couple of publications on our gun laws, and came away from reading them, far more confused than I was when beginning to read them.
        When I found this site, I was pretty sure I'd get some very insightful and concise, information, to help me weed out all the legalese in the law.
        I am sincerely grateful for the good information.

        George Mason,
        2 October 1778

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