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  • #16
    mymonkeyman
    Senior Member
    • Jan 2008
    • 1049

    Originally posted by norcal-ar
    so i can ppt it without it being in his name?
    I don't know what you mean "ppt it without being in his name."

    The only way to transfer it without committing a crime requires you both go to an FFL, and give your CA ID/DLs and jump through the other hoops of a PPT that I posted before. This will likely result in some record showing that he formerly owned the gun, but will show you as the current owner of it.
    The above does not constitute legal advice. I am not your lawyer.

    "[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table."

    Comment

    • #17
      ke6guj
      Moderator
      CGN Contributor - Lifetime
      • Nov 2003
      • 23725

      Originally posted by mymonkeyman
      Ugh. Yes, you can fill out the form. What does that do? It essentially admits to the CA DOJ that you broke the law by not PPTing the weapon. Not the smartest move.

      If you do not transfer this gun through a dealer, you are committing a crime.
      Seeing threads like this always brings up this thought, "Is there a statute of limitations on the crime of a non-PPT transfer?"
      Jack



      Do you want an AOW or C&R SBS/SBR in CA?

      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

      Comment

      • #18
        norcal-ar
        Senior Member
        • May 2008
        • 1857

        well see the he used to live next door to the actual officer and somethings were happening in the neighbor hood and he gave my friend the pistol as a protection piece when he went into assisted living. so if i understand this all correctly then me and my friend go down and do a ppt although my friend is not the licesensed gun owner? like i said all this stuff such as"illegal" etc. etc,. has me scared. im not going to go to jail over this thing. i just wanted to know if it was possible to take a clean pistol and get it transfered into my name although the current owner is not the registered owner?

        Comment

        • #19
          norcal-ar
          Senior Member
          • May 2008
          • 1857

          if theres no legit way to do this then im not going to!

          Comment

          • #20
            Casual Observer
            Senior Member
            • Mar 2008
            • 1400

            Ok, have the CURRENT owner (your buddy) fill out the form and send it in with $19 to have it registered in his name. Since it's such an old gun, they might just assume it was "in the family" prior to the mandatory registration laws.

            Once it's registered to him, THEN you both go down to your local FFL and do a PPT.

            Take a bit longer, costs an extra $19 (plus postage) but it's legal.

            Comment

            • #21
              QuarterBoreGunner
              Administrator
              CGN Contributor - Lifetime
              • Oct 2005
              • 9389

              My offer stands.
              /Chris

              I have a perfect Burning Man attendance record: zero.

              You do know there are more guns in the country than there are in the city.
              Everyone and their mums is packin' round here!
              Like who?
              Farmers.
              Who else?
              Farmers' mums.

              Comment

              • #22
                aplinker
                I need a LIFE!!
                • Feb 2007
                • 16762

                Originally posted by Casual Observer
                Ok, have the CURRENT owner (your buddy) fill out the form and send it in with $19 to have it registered in his name. Since it's such an old gun, they might just assume it was "in the family" prior to the mandatory registration laws.

                Once it's registered to him, THEN you both go down to your local FFL and do a PPT.

                Take a bit longer, costs an extra $19 (plus postage) but it's legal.

                There's no reason the current owner needs to voluntarily register it before transferring. That really accomplishes nothing.

                Bottom line is, unless he had it prior to 1990, the gun was illegally transferred to him. At this point that can't be remedied, even though he is the owner.

                There are thousands of handguns in the possession of many, many people that are not registered. It's not unusual for these to be sold.

                IANAL, but it seems to me that simply treating this as a standard PPT is the best move.

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                This post is based on actual events. Some facts may be altered for dramatic purposes. All posts are pure opinion. All persons, living and dead, are purely coincidental, and should not be construed.

                Comment

                • #23
                  Glock22Fan
                  Calguns Addict
                  • May 2006
                  • 5752

                  Originally posted by norcal-ar
                  well the handgun is not in his name either is the problem.he lived next door to this 70 yr old man and he was going into some sort of assisted living and gave the pistol to my friend. it has since sat around for 5 more years and my friend just bought a glock21 and doesnt even want to bother with it now.Im thinking its clean+free but... how much trouble will it be to register? im not willing to get in trouble i.e. arrested etc.etc. over a handgun i will just leave it up to him at that point! so not realy sure which way to go.

                  I had a similar case. Got a couple of guns from a friend, one of which he had acquired many years ago when someone died. The dealer told us that as long as the gun was "clean," the DoJ couldn't care less whether it was registered to my friend or not, they just wanted it registered to me, now. So it proved; went through cleanly.

                  So, go to a dealer (they won't all do it) and transfer it properly.
                  John -- bitter gun owner.

                  All opinions expressed here are my own unless I say otherwise.
                  I am not a lawyer and this is not legal advice.

                  sigpic

                  Comment

                  • #24
                    5150Marcelo
                    Calguns Addict
                    • Mar 2008
                    • 7681

                    Originally posted by Casual Observer
                    Ok, have the CURRENT owner (your buddy) fill out the form and send it in with $19 to have it registered in his name. Since it's such an old gun, they might just assume it was "in the family" prior to the mandatory registration laws.

                    Once it's registered to him, THEN you both go down to your local FFL and do a PPT.

                    Take a bit longer, costs an extra $19 (plus postage) but it's legal.

                    Assumption= Mother of all fukc ups!
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                    sigpic

                    Comment

                    • #25
                      ar15barrels
                      I need a LIFE!!
                      • Jan 2006
                      • 57148

                      Originally posted by ke6guj
                      Seeing threads like this always brings up this thought, "Is there a statute of limitations on the crime of a non-PPT transfer?"
                      There was no PPT requirement before 1989.
                      If the original owner of a gun was of age to have owned the gun back then and he actually owned it back then, there would be no requirement of registration.

                      The PPT process does not necessarily check that the seller WAS a registered owner because there's no absolute requirement that every handgun in the state is actually registered.
                      Only handguns sold/transferred after 1989 must be registered.
                      Randall Rausch

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                      Comment

                      • #26
                        Ninja45
                        Senior Member
                        • Jan 2006
                        • 624

                        I agree with Glock22fan.

                        You and your friend walk together into the gun shop, tell the FFL you need to do a PPT, your friend is "seller", you the "buyer". Pay DROS fees and wait ten days. If the gun is clean, he gun will be yours after 10 days. Clean and legal transaction.

                        Ninja45

                        Comment

                        • #27
                          ke6guj
                          Moderator
                          CGN Contributor - Lifetime
                          • Nov 2003
                          • 23725

                          Originally posted by ar15barrels
                          There was no PPT requirement before 1989.
                          If the original owner of a gun was of age to have owned the gun back then and he actually owned it back then, there would be no requirement of registration.
                          I understand that there was no PPT requirement back in the day. My question is, if a guy did a non-PPT transfer in, say, 1995, what is the statute of limitations on proscicuting that crime? That hypothetical crime would have happened 12+ years ago. Would it still be within the statute of limitations for a violation of 12072?
                          Jack



                          Do you want an AOW or C&R SBS/SBR in CA?

                          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                          Comment

                          • #28
                            Glock22Fan
                            Calguns Addict
                            • May 2006
                            • 5752

                            Originally posted by ke6guj
                            I understand that there was no PPT requirement back in the day. My question is, if a guy did a non-PPT transfer in, say, 1995, what is the statute of limitations on proscicuting that crime? That hypothetical crime would have happened 12+ years ago. Would it still be within the statute of limitations for a violation of 12072?
                            If there was no requirement beck in those days, how was an offense committed? No offense, no need for a statute of limitations. It wasn't a hypothetical crime, it wasn't a crime at all.

                            Some people really make a meal out of simple issues. Your friend can PPT transfer to you whether it is registered to him or not, as long as it wasn't reported stolen.
                            Last edited by Glock22Fan; 05-08-2008, 3:47 PM. Reason: typo
                            John -- bitter gun owner.

                            All opinions expressed here are my own unless I say otherwise.
                            I am not a lawyer and this is not legal advice.

                            sigpic

                            Comment

                            • #29
                              dfletcher
                              I need a LIFE!!
                              • Dec 2006
                              • 14799

                              Whatever the other twists & turns are, is the seller required to have an HSC certificate?

                              Mention was made of the gun being checked and is "clean". Can we presume that means a paper trail does not document its travels and the current owner and he should be able to visit an FFL and have it DROS'd to its new owner?
                              GOA Member & SAF Life Member

                              Comment

                              • #30
                                ke6guj
                                Moderator
                                CGN Contributor - Lifetime
                                • Nov 2003
                                • 23725

                                Originally posted by Glock22Fan
                                If there was no requirement beck in those days, how was an offense committed? No offense, no need for a statute of limitations. It wasn't a hypothetical crime, it wasn't a crime at all.
                                I guess I can't properly ask the proper question. I was asking if there was a time limit on the proscicuition of a non-PPT transfer that happened during the time frame that a PPT transfer was required, post Jan 1, 1991.

                                Some people really make a meal out of simple issues. Your friend can PPT transfer to you whether it is registered to him or not, as long as it wasn't reported stolen.
                                I understand this.

                                But there are some people who have handguns in their possession that they aquired post 1991 and did not have properly transfered to them via a PPT. If they want to keep possession and aren't planning on transferring through a dealer on a PPT, what are their options and legal exposure. For those people, it was mentioned that a volreg might be a good idea, and then others stated that it would admitting to a crime. My question remains, is there a statute of limitations to the crime of not doing a PPT when buying a handgun from a non-dealer after 1991?
                                Jack



                                Do you want an AOW or C&R SBS/SBR in CA?

                                No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                                Comment

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