Handgun registered in another's name... Legal to own?

[Abazaba23]

Hi all, my dad gave me his S&W Model 19 that was given to him as collateral in a loan many years ago. Obviously the guy never game back for it, and my father lost contact with him all that time ago. Now, I come to find that the registered is registered in someone's name (other than my father's, most likely the man who lent it to him) and a police officer told me that it is technically illegal for me to possess it right now. They of course told me to turn it in to the nearest police station... Is that my only option? Is LA county still offering money for turned in firearms, no questions asked (or any nearby)? I'd prefer to keep it LEGALLY, but if I have it get rid of it, I'd prefer to make some money LEGALLY. Thanks for your answers!

[rromeo]

No. If your dad gave you the gun, it's yours, but you need to send in the OpLaw form.
Dont ask a police officer legal questions.

[morrcarr67]

This police officer needs to learn the laws that they are being paid to uphold.

There are many handguns that are legally owned and not registered. There is no law requiring you to register any handgun you owned before handgun registration began.

[Abazaba23]

Is there any sort of proof anyone can provide? What you guys are saying is what I have heard, but the recent talk with the officer has gotten me really paranoid to be honest. She kept saying that I won't be able to legally own a firearm if I get in trouble for owning it. Also I did fill and send in the Intra-family transfer to the DOJ with the little fee, and that's all that I was told to and thought I had to do. Thank you all so much for your help.

Edit: Also I acquired it only a few weeks ago (as a Christmas gift). He had owned it for a few decades.

EDIT 2: I went on the CA DOJ website and read the FAQ, where it even says that firearms don't need to be registered... Thanks again guys, but one more question, is it a problem that it is registered in the other guys name? I have no idea how I would find him again, unless I looked up the registration, then his name, then SOME HOW tracked him down...

[MA5177]

If you sent in that form it is now registered in your name, I doubt it was even ever registered to anybody being so old.

Just a question, why did you ask a cop about it?

Congrats on the new gun, I just picked up the stainless version last month (mod 66)

[rromeo]

If your dad owned it for a few decades, then there is no gray area at all. California allowed face to face gun sales until 1991. The gun was your dad's, and now it's yours. You did the appropriate paperwork, the only problem is that you asked a question of somebody that doesn't know the law.

[pyromensch]

if the gun was made before the law was introduced, and you were old enough to own one before the law, then who is to say, (unless it was tranferred to some one, after the law.

[K5Cruiser]

Dont ask a police officer legal questions.

...the only problem is that you asked a question of somebody that doesn't know the law.

Great advice!

OP - Keep in mind that in every profession you have people that know what they're doing and are excellent at it. At the same time you have others who are not so good or even horrible at their job. Law enforcement personnel are not immune to this.

[rromeo]

K5, it isn't a matter of being good at a job.

[Arreaux]

My father had given me a Colt S70 back in '99. I had this in my possession since and never gave it much thought until someone told me I could lose it if I did not register it. So last year I printed the form from the DOJ and sent it in with my payment and received the confirmation that it is now in my name.

[Abazaba23]

If you sent in that form it is now registered in your name, I doubt it was even ever registered to anybody being so old.

Just a question, why did you ask a cop about it?

Congrats on the new gun, I just picked up the stainless version last month (mod 66)

It's really personal, but there are issues between my father and his sister. Keep in mind, my father lives 3 hours away from me with his sister, I'm only 19 ,which doesn't change much, other than how the officer treated me (like a child).

To sum it up, she called the cops on him, to evaluate his sanity for admission to rehabilitation and somehow the fact that he had a gun came up.
His sister is extremely anti-gun, so she made a big stink about it. I wanted my father to pass on the gun to me, and to also get it away from him as he has been suicidal the past few years. He had been threatening suicide to his sister the past few days which lead to this all actually.

Anyway, they couldn't find the gun, and my dad finally remembered (he was drunk or something at the time I assume) that he had given it to me and my aunt, his sister, asked me questions, flipped on me, hung up on me, then called me back to talk to the officers. I politely and honestly complied, she searched the serial, saw it was registered under the someone's name (I assume the one who gave it to my father) then said I need to give it to the police or I will never be able to own firearms (basically). Since it was sent to the DOJ i'd assume it'd take a while to go through completely, I only sent it in about 2 or 3 weeks ago.

Sorry for the wall of text, kind of needed to vent after the conversations I've had and paranoia I've felt today.

ALSO: I believe he got it around 93 give or take a year or two.... It's hard to get info from him being the way he is.

[Oceanbob]

It's really personal, but there are issues between my father and his sister. Keep in mind, my father lives 3 hours away from me with his sister, I'm only 19 ,which doesn't change much, other than how the officer treated me (like a child).

To sum it up, she called the cops on him, to evaluate his sanity for admission to rehabilitation and somehow the fact that he had a gun came up.
His sister is extremely anti-gun, so she made a big stink about it. I wanted my father to pass on the gun to me, and to also get it away from him as he has been suicidal the past few years. He had been threatening suicide to his sister the past few days which lead to this all actually.

Anyway, they couldn't find the gun, and my dad finally remembered (he was drunk or something at the time I assume) that he had given it to me and my aunt, his sister, asked me questions, flipped on me, hung up on me, then called me back to talk to the officers. I politely and honestly complied, she searched the serial, saw it was registered under the someone's name (I assume the one who gave it to my father) then said I need to give it to the police or I will never be able to own firearms (basically). Since it was sent to the DOJ i'd assume it'd take a while to go through completely, I only sent it in about 2 or 3 weeks ago.

Sorry for the wall of text, kind of needed to vent after the conversations I've had and paranoia I've felt today.

ALSO: I believe he got it around 93 give or take a year or two.... It's hard to get info from him being the way he is.

Ignore the police advice; get an HSC card ASAP. Then fill out the OPLAW form and send it in with $19. Then the weapon is yours.

On the OPLAW form no information is collected about the source of the handgun; no name, no address. nothing.

How Acquired: write GIFT.

Check the family box X. From who: write FATHER.

Done. This makes it legal. CDOJ does not check nor do they care who owned the gun 20+ years ago. They process more than 5,000 transactions PER DAY and their only goal is to get guns registered.

Also, never talk to the police about anything. They took the opportunity to intimidate you over the phone with bad advice. Do the form and don't even mention anything to anyone else. Sometimes our mouth gets us in trouble more than we realize.

Actually your only problem will be getting the HSC card. Not the $25 bucks it costs but finding an FFL who will give you the test while you're under 21. Call around; don't mention the drama, just ask if you can take the test. Some FFLs are out of the test form right now.
The form ASKS for your HSC card number. This is why your next goal will be GET THE HSC card.!


Here is that form:

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf

Good luck.

[Socalman]

I am a great fan of law enforcement personnel. Most do a great job in a difficult profession. However, do not take what a LEO tells you about law to be accurate. They are trained with basic training in law but the majority of training is on enforcement procedures. This is not meant in any way to denigrate our LEOs, it is simply what is.

[Abazaba23]

Ignore the police advice; get an HSC card ASAP. Then fill out the OPLAW form and send it in with $19. Then the weapon is yours.

On the OPLAW form no information is collected about the source of the handgun; no name, no address. nothing.

How Acquired: write GIFT.

Check the family box X. From who: write FATHER.

Done. This makes it legal. CDOJ does not check nor do they care who owned the gun 20+ years ago. They process more than 5,000 transactions PER DAY and their only goal is to get guns registered.

Also, never talk to the police about anything. They took the opportunity to intimidate you over the phone with bad advice. Do the form and don't even mention anything to anyone else. Sometimes our mouth gets us in trouble more than we realize.

Actually your only problem will be getting the HSC card. Not the $25 bucks it costs but finding an FFL who will give you the test while you're under 21. Call around; don't mention the drama, just ask if you can take the test. Some FFLs are out of the test form right now.
The form ASKS for your HSC card number. This is why your next goal will be GET THE HSC card.!


Here is that form:

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf

Good luck.

I got my HSC before he gave it to me, and sent in the OP LAW form when I received it, I said that a few times I believe. Thank you for putting much effort into the post though, hopefully someone looking to do what I did will read it.

[IVC]

One quick somewhat related issue. If you are ever charged with carrying without a license, if the gun is registered to someone else it's a felony, if it registered in your name it's a misdemeanor.

I don't expect you to do something as stupid as carrying without a license, but it can happen during normal transportation if there is a problem with the "locked container" or alike.