Hypothetical handgun question

[Mr Wizard]

Hey guys,

Suppose someone had a friend that purchased a handgun with hi-cap mags from a private party several years ago.

Suppose the sale was a cash and carry transaction instead of a PPT.

Suppose the firearm is not reported stolen, lost, used in a crime, etc.

Can someone legally register it in their name now?

Let me be clear, this is a hypothetical question that came up in my son's criminal justice class yesterday. I am not implying that any real person has committed any crimes or soliciting illegal advice.

Thanks,

[glockman19]

Sure why not.

[professorhard]

Define "several years ago" as in before all private party sales had to go through an FFL in CA?

[nn3453]

The mags cannot be transferred.

Regarding the cash and carry, if it is before cash and carry became illegal, that is fine. In reality, even if it is from after FFL transfer was required, that is still fine in most cases. The transfer was illegal, but the state cares more about getting the gun into the system than prosecuting people who failed to not add it to the system at the right time. I'm not a lawyer.

[DaveFJ80]

If the firearm has a clean history, then (without trying to spread any FUD here) it should be able to be registered in CA without any problems, as long as it's on the CA roster of approved handguns and the transfer takes places at a CA FFL. There would need to be at least one 10 round mag (complete, not as a parts kit) included with the handgun. This is used for the safety demonstration when picking up the firearm after the 10 day wait period.

[Mr Wizard]

Great responses so far, thanks.

Hypothetically transferred pre-2000
off roster -discontinued model
10+ round mag
last registered owner deceased/relocated/unavailable

[22popnsplat]

actually i have bought used guns less mag and performed the safety demonstration without it with a class 01ffl

[troysland]

Everything DaveFJ80 said;
EXCEPT: PPT's are EXEMPT from the CADOJ Roster And handguns can be transferred without a Magazine, period. Handgun safety Demonstration can be performed with any comparable Firearm the FFL may have on hand.

[evidens83]

As long as it hasn't been reported stolen or used in a crime I beleive you are GTG.

[pdq_wizzard]

The mags cannot be transferred.

Regarding the cash and carry, if it is before cash and carry became illegal, that is fine. In reality, even if it is from after FFL transfer was required, that is still fine in most cases. The transfer was illegal, but the state cares more about getting the gun into the system than prosecuting people who failed to not add it to the system at the right time. I'm not a lawyer.

if it was "serval" years ago why not?

[JeffM]

The large capacity magazines are fine as long as it was more than 3 years ago. If the transfer happened before 05/24/2007, then the statute of limitations for the crime has expired.

If you try to VolReg the pistol, it may be denied. I know someone who tried to fix a similar situation and the DOJ returned his VolReg and check with a letter stating that the transfer must go through an FFL.

[fsx]

In theory...I mean In theory, if you need a hi-cap (not saying you need it but in theory). Move out of kalifornia and be legal. Arizona is a good place to start.

Since this is a topic discussed in your son's class, we don't have to worry about anything illegal though.

take care

[Cokebottle]

Hypothetically transferred pre-2000

How "pre"? Pre-1991, cash and carry PPT without an FFL were legal.
Pre-2000, the magazine transfer was 100% legal on the part of both parties.

off roster -discontinued model

Doesn't matter for FTF/PPT.

10+ round mag

You're "stuck" with it... you cannot sell it to someone else.

last registered owner deceased/relocated/unavailable

Doesn't matter.

You can either pay the $19 and go through the voluntary registration process, which will effectively "forgive" the previous illegal transaction (if post-1991), or when you sell it to someone else (with a 10rd magazine), it will THEN become registered in their name.

[JeffM]

I am not implying that any real person has committed any crimes or soliciting illegal advice.

Sadly, some advice should be illegal, but isn't