Handgun Ownership Report

[KeevinW]

Can someone give me the reference for the law requiring the New Resident Handgun Ownership Report? I have found the reporting form, but I'm looking for the specific law that creates this requirement and when it went into effect.

Thanks in advance.

[Librarian]

Can someone give me the reference for the law requiring the New Resident Handgun Ownership Report? I have found the reporting form, but I'm looking for the specific law that creates this requirement and when it went into effect.

Thanks in advance.

It's PC 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.
(B) If the personal handgun importer sells or transfers the pistol, revolver, or other firearm capable of being concealed upon the person pursuant to subdivision (d) of Section 12072 and the sale or transfer cannot be completed by the dealer to the purchaser or transferee, and the firearm can be returned to the personal handgun importer, the personal handgun importer shall have complied with the provisions of this paragraph.
(C) The provisions of this paragraph are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and different provisions of the Penal Code shall not be punished under more than one provision.

Key term: "personal handgun importer".

[KeevinW]

Thanks Librarian, is there an on-line source for PC 12072? If not, can you tell me if there retroactive applicability to this law? For example, someone bringing a gun into the state one month before the law went into effect in 1998, is there a reporting requirement?

Thanks in advance.

[Miltiades]

CA DOJ and no

Is there an on-line source for PC 12072? If not, can you tell me if there retroactive applicability to this law? For example, someone bringing a gun into the state one month before the law went into effect in 1998, is there a reporting requirement?

The online source would be the CA Dept. of Justice website:

CA DOJ website page

Although the DOJ might like to enforce laws retroactively, they would have a problem under the US Constitution, which says in Article 1 Section 9, C.3: "No Bill of Attainder or ex post facto Law shall be passed".

An ex post facto law is a law passed after the occurrence of an event or action which retrospectively changes the legal consequences of the event or action.

[shin_en]

(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).

I don't speak legalese, but does this mean that instead of filing the New Resident Handgun Ownership Report a new CA resident can just sell the gun to someone in CA instead?

[maxicon]

I don't speak legalese, but does this mean that instead of filing the New Resident Handgun Ownership Report a new CA resident can just sell the gun to someone in CA instead?

Yes, or to someone outside of California.

[Librarian]

Thanks Librarian, is there an on-line source for PC 12072?
Thanks in advance.

All California code is online here. The search function works, but it isn't really very good. I wonder why they haven't gone with something like Google; the hits would be returned with some textual context, not just code-section links.