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  • #31
    Cokebottle
    Seņor Member
    CGN Contributor - Lifetime
    • Oct 2009
    • 32373

    Originally posted by JT1989
    No matter, the question that actually matters is whether or not the kid is able to register it legally.
    Correct.... which he is as long as it does not come back stolen.


    BTW: I assume he is 21 or older?
    - Rich

    Originally posted by dantodd
    A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

    Comment

    • #32
      HighValleyRanch
      Member
      • Dec 2007
      • 420

      25

      Yes, he is 25

      Comment

      • #33
        rugershooter
        Senior Member
        • Nov 2009
        • 1804

        Originally posted by Cokebottle
        No, he doesn't NEED 10 rounders unless he plans to purchase more.

        It is illegal to import, manufacture, sell, or offer for sale, loan, or gift within California.
        The law does not prohibit purchase or receipt other than it is illegal to sell or give.

        Additionally, there is a 3 year statute of limitations.
        If I bought a box of 33rd Glock mags from a gun show in AZ in 2007, I could today, post a photo of them and proclaim that I imported them and would be immune from prosecution.
        Could you post a PC or case law or something proving it? I'm just curious, don't have any hi cap mags, pre ban or otherwise. Nor do I intend to illegally obtain any.

        Comment

        • #34
          faterikcartman
          Senior Member
          • Aug 2006
          • 1404

          Okay, so according to Cokebottle we've all been acting like chumps all this time. Instead of paying $35 to DROS a handgun and wait ten days, all we need to do is buy a pistol from someone and take it home on the spot, and send the DOJ $19 and the form cited above. That's it. I can't believe how much time and money I've wasted. Thanks for setting me straight.

          Could we get this info as a sticky in the for sale section to save everyone a lot of hassle, time and money?
          Last edited by faterikcartman; 08-06-2010, 1:08 PM.
          I am not your lawyer. I am not giving you or anyone else who reads my posts legal advice. I am making off-the-cuff comments that may or may not be accurate and are personal, not professional, opinion. If you think you need a lawyer please retain a qualified attorney in your jurisdiction. Your local bar association may be able to help if you need a referral.

          Two Weeks!: http://www.calguns.net/calgunforum/a...p/t-59936.html

          Comment

          • #35
            Anchors
            Calguns Addict
            • Apr 2010
            • 5940

            A coworker of mine from back home (AZ) had a similar situation here.
            I clued him in on it and he got freaked out and went back to AZ and sold his XD40 (with 16 round mags.)
            I just told him to fill out the new resident form, but he got scared haha.

            Comment

            • #36
              Munk
              Senior Member
              • Jun 2010
              • 2124

              As far as dealing with the unregistered gun, i'd advise you to take the advise of people here with a grain of salt. much of what they say is correct, but the complications that could arise if the gun comes back stolen may be a real issue for your friend. i'd suggest he contact a lawyer who is proficient in gun laws (i think theres a few links around the calguns foundation page). I'm sure there's some nonsense about continuing crimes, recieving stolen property (maybe) and other issues that the lawyer could help him clear up.

              (Lots of IANAL going around... even from me).
              Originally posted by greasemonkey
              1911's instill fairy dust in the bullets, making them more deadly.

              Comment

              • #37
                Corbin Dallas
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • May 2006
                • 6265

                Originally posted by HighValleyRanch
                Yes, he is 25
                THIS ^^^^ IS a MAJOR issue.

                Assuming he bought the gun after he was 21, there a few problems.

                1 - Doing the math means he aquired the weapon in 2006

                2 - If he did buy it in 2006, then he committed a crime accepting standard cap mags.

                3 - If he did buy it in CA in 2006, then he clearly committed a crime by not transferring the firearm through a registered FFL


                My suggestion for your "buddy" is to travel to the next gun show in Phoenix and stand in the sellers area with a sign "firearm for sale" and SELL IT out of CA.

                Your buddy will need to record an AZ DL and write out a receipt of purchase to the new owner.

                You're other option is to go on a fishing trip off the coast of CA (a few miles OUT or more) and "OOPS"!!!! I dropped my gun overboard...
                NRA Life Member and Certified Instructor: Pistol - Rifle - Shotgun - PPITH - PPOTH - NRA Certified RSO

                WTB the following - in San Diego
                --Steyr M357A1 357SIG
                --Five Seven IOM (round trigger guard)

                Never forget - השואה... לעולם לא עוד.

                Comment

                • #38
                  Foriegn power
                  Banned
                  • Dec 2009
                  • 1035

                  I laughed, about the suggestion to drop it overboard.

                  Comment

                  • #39
                    Greg-Dawg
                    Banned
                    • Oct 2006
                    • 7793

                    Originally posted by Cokebottle
                    No, he doesn't NEED 10 rounders unless he plans to purchase more.

                    It is illegal to import, manufacture, sell, or offer for sale, loan, or gift within California.
                    The law does not prohibit purchase or receipt other than it is illegal to sell or give.

                    Additionally, there is a 3 year statute of limitations.
                    If I bought a box of 33rd Glock mags from a gun show in AZ in 2007, I could today, post a photo of them and proclaim that I imported them and would be immune from prosecution.
                    So, I'm hearing two things from Cokebotella:

                    1. The illegal actions of high cap (standard) mags are only applicable when it's done INSIDE CA.
                    2. Go to AZ, buy high caps and bring them over to CA; therefore you're good to go. By having photos of your 33 rounds yesterday in AZ and bringing them here to CA today, you're on the LORD's side.

                    Hmmm...

                    Comment

                    • #40
                      redcliff
                      Calguns Addict
                      • Feb 2008
                      • 5676

                      For those recommending he sell it in Arizona I have a question.

                      Isn't it illegal under federal law for a resident of one state to sell a handgun to a resident of another? I thought you could only sell handgun's to FFL's if you're out of state.
                      "You keep using that word. I do not think it means what you think it means."
                      "What we get away with isn't usually the same as what's good for us"
                      "An extended slide stop is the second most useless part you can put on a 1911"

                      "While Ruger DA revolvers may be built like a tank, they have the aesthetics of one also,
                      although I suppose there are a few tanks which I owe an apology to for that remark"

                      Comment

                      • #41
                        challenger
                        Member
                        • Apr 2009
                        • 435

                        Pawn it (if it's a clean gun). About ten years ago a friend of mine bought a revolver off another friend. Due to conflicting schedules (most likely laziness) they never got around to transferring it. While in a bind for cash he pawned the gun and later he paid the loan, did the dros and now the gun is in his name. Not sure if the laws are the same but it did work.

                        Comment

                        • #42
                          tEN wOLVES fIVE sHOOTER
                          Member
                          • Apr 2009
                          • 130

                          Howdy All

                          I was up against this issue a while back, when a hand gun was given to me by a co-worker, that belonged to his deceased father, also my Dads guns that needed to be registered after his passing, The staff at Turners Outdoorsman gave me these apps. this is the way you register a hand gun IF YOU ALREADY HAVE THE GUN IN YOUR POSSESSION . I hope this will help, it sure did in my case. These pages will copy just fine.

                          Regards

                          tEN wOLVES
                          Attached Files
                          NRA,SASS#69595,NCOWS#3123,ROWSS#40SCORRS,BROW,Leat her Shop

                          " Shoot Straight and Live to Fight another Day"

                          Comment

                          • #43
                            Corbin Dallas
                            CGN/CGSSA Contributor - Lifetime
                            CGN Contributor - Lifetime
                            • May 2006
                            • 6265

                            Originally posted by redcliff
                            For those recommending he sell it in Arizona I have a question.

                            Isn't it illegal under federal law for a resident of one state to sell a handgun to a resident of another? I thought you could only sell handgun's to FFL's if you're out of state.
                            Just about as Illegal as purchasing a firearm in the State of CA without using a FFL to mediate the sale.
                            NRA Life Member and Certified Instructor: Pistol - Rifle - Shotgun - PPITH - PPOTH - NRA Certified RSO

                            WTB the following - in San Diego
                            --Steyr M357A1 357SIG
                            --Five Seven IOM (round trigger guard)

                            Never forget - השואה... לעולם לא עוד.

                            Comment

                            • #44
                              Packy14
                              Calguns Addict
                              • Jul 2008
                              • 5312

                              Originally posted by JT1989
                              He can go and register it...but sounds like there may be a good chance it was stolen. In which case, if he goes and reports it to the DOJ, it gets taken away.

                              Standard-cap mags aren't a problem if he purchased them(and the gun) before 2000. If not...there's another issue. Should probably disassemble it.

                              Misdemeanor if the guns his. Bigger problems if it turns up stolen.

                              An M1 Abrams would be better, but a .40 is better than bare hands or a knife.
                              He did NOT need to own the gun..just high cap mags before 2000. He could have had wet dreams about owning a gun and bought the mags first.
                              NRA Lifetime Member

                              1A-2A = -1A

                              Comment

                              • #45
                                WWDHD?
                                Veteran Member
                                • Jul 2010
                                • 2691

                                I'm no lawyer, but...

                                Just inquiring about this guns history with the authorities could be trouble. I would clean & oil it, put it and the mags in a ziplock bag with some dessicant packs, then seal it into a large PVC pipe. Bury it at least 3ft (don't forget where!) and wait for the fall of western civilization, giant asteroid, class 4 zombie outbreak, or some other event where this guns history doesn't matter anymore. Keep your mouth shut about its existance (seriously!).
                                Then go out and buy a legit gun the right way. Have fun with it, learn to be safe and legal with it. The $500+ for a clean gun will be much cheaper than the cost of the trouble this outlaw gun will cost you.
                                I wish you luck.
                                NRA & CRPA member
                                semi-docile tax payer
                                amateur survivalist

                                Nolite te bastardes carborundorum!

                                Comment

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