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  • patriotcowboy
    Junior Member
    • Apr 2012
    • 31

    unregistered handgun

    is it legal to own an unregistered handgun in california? i cant find a definitive answer anywhere.
  • #2
    AK all day
    Veteran Member
    • Mar 2012
    • 2977

    soooo, do you want another non-definitive answer?


    I'm thinking NO.
    "The purpose of living is to find something worth dying for"

    Comment

    • #3
      Chaos47
      Calguns Addict
      • Apr 2010
      • 6615

      There are plenty of pistols out there that where owned before they started doing registration. BUT I assume that that is not what you are talking about...

      If you legally own it:

      Send in the volreg with the money


      Or if you are a new resident send in this form and the money


      If you did an illegal transfer I can't help you

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44660

        The simple answer is "yes".

        That said, it's a misdemeanor to transfer most firearms in CA without using a CA-FFL; the DROS submitted for handguns includes your personal info plus the gun info, which I maintain is not distinguishable from registration.

        See also the wiki -- http://wiki.calgunsfoundation.org/Firearms_registration
        Last edited by Librarian; 07-05-2012, 1:32 AM.
        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        Frozen in 2015, it is falling out of date and I can no longer edit the content.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

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30242

          It is legal to own an unregistered handgun in CA.

          However...

          An unregistered handgun is a sentence enhancer for certain firearm releated offenses (makes misdemeanors into felonies).
          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

          • #6
            patriotcowboy
            Junior Member
            • Apr 2012
            • 31

            if my grandpa died, and he left a CA legal handgun behind, do i have to register it?

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30242

              Originally posted by patriotcowboy
              if my grandpa died, and he left a CA legal handgun behind, do i have to register it?
              Yes.
              Starting in 1993, per CA laws, intra-familial transfer of handguns are required to be reported to CA DOJ BOF within 30 days of acquiring the firearm. Failure to do so is a misdemeanor. [PC 27875]


              Penal Code 27875
              Section 27545 does not apply to the transfer of a handgun, and commencing January 1, 2014, any firearm, by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
              (a) The transfer is infrequent, as defined in Section 16730.
              (b) The transfer is between members of the same immediate family.
              (c) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the Department of Justice.
              (d) The person taking title to the firearm shall first obtain a handgun safety certificate, if the firearm is a handgun.
              (e) The person receiving the firearm is 18 years of age or older.
              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

              • #8
                morrcarr67
                I need a LIFE!!
                • Jul 2010
                • 15033

                Originally posted by Quiet

                Yes.
                Starting in 1993, per CA laws, intra-familial transfer of handguns are required to be reported to CA DOJ BOF within 30 days of acquiring the firearm. Failure to do so is a misdemeanor. [PC 27875]

                Here's your form: http://oag.ca.gov/sites/all/files/pd...rms/oplaw.pdf?
                Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                Originally posted by Erion929

                Comment

                • #9
                  Socalman
                  Senior Member
                  • Apr 2010
                  • 1339

                  My father died in 1963 and I was given his old .32. I do not believe that needs to be registered does it?

                  Comment

                  • #10
                    CSACANNONEER
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Dec 2006
                    • 44093

                    As long as the gun was originally legally transfered to you, it does not need to be registered. Or, if the handgun has NEVER been transfered, there is no need to register it. So, you could have legally purchased it at a garage sale in 1982 or manufactured it yourself on 7-5-12 and there would be no requirement to register it. There are many other legal senerios as well.

                    Originally posted by Socalman
                    My father died in 1963 and I was given his old .32. I do not believe that needs to be registered does it?
                    Nope. You are not required to register it.
                    NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                    California DOJ Certified Fingerprint Roller
                    Ventura County approved CCW Instructor
                    Utah CCW Instructor


                    Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                    sigpic
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                    KM6WLV

                    Comment

                    • #11
                      paul0660
                      In Memoriam
                      • Jul 2007
                      • 15669

                      Originally posted by Dillon Jury
                      soooo, do you want another non-definitive answer?


                      I'm thinking NO.
                      Read and learn Dillon, there is some amazing stuff going on in this forum.
                      *REMOVE THIS PART BEFORE POSTING*

                      Comment

                      • #12
                        RickD427
                        CGN/CGSSA Contributor - Lifetime
                        CGN Contributor - Lifetime
                        • Jan 2007
                        • 9266

                        Originally posted by patriotcowboy
                        is it legal to own an unregistered handgun in california? i cant find a definitive answer anywhere.
                        From the previous postings, you can see why its hard to get a definitive answer. California law is never clear, its rarely on point, and it changes over time.

                        California has never made the mere possession of an unregistered handgun a crime. However if you arrested for carrying the weapon either concealed, or loaded, in a public place, the arrest is a misdemeanor if the weapon is registered to you. It's a felony if the weapon is not registered to you.

                        California has enacted laws requiring persons importing handguns into the state, and acquiring firearms within the state to register those firearms. (California doesn't like the word "Registration", but the processes involved are the same). Those laws were not retroactive. Even though you cannot be charged for possessing an unregistered handgun, you could be charged for failing to register a handgun that you received or imported.
                        If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                        Comment

                        • #13
                          SDM44
                          Veteran Member
                          • Jul 2010
                          • 3896

                          Same as building an AR pistol from an 80% piece, and not having any serial number on it or registering it.

                          Comment

                          • #14
                            patriotcowboy
                            Junior Member
                            • Apr 2012
                            • 31

                            this gun has never been registered, it has been passed down from man to man since 1907. it has never been officially transferred to anyone

                            Comment

                            • #15
                              Quiet
                              retired Goon
                              • Mar 2007
                              • 30242

                              Originally posted by patriotcowboy
                              this gun has never been registered, it has been passed down from man to man since 1907. it has never been officially transferred to anyone
                              Point of fact...
                              Prior to 1991, "passed down from man to man" = legal method of transferring a firearm in CA.
                              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

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