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  • MoMoMonica5
    Junior Member
    • Mar 2016
    • 6

    Registering Firearms

    Hello all!

    I have a slightly complicated question...

    My uncle (with whom I live with) received two pocket pistols (they are Beretta 950s 25 acp) about twenty years ago from a friend who was moving and did not want to take the guns with him. The friend gave both pistols to my uncle but did not complete any formal transfer. My uncle does not know if the guns are even registered. I want to register the guns under my name because my uncle is paralyzed to the point of being unable to even hold a gun. (Yes, I know it's not mandatory, but I still want them registered as I may use them for a concealed carry once I get my license).

    I completed a Firearm Ownership Report for the DOJ but was denied. The following is the reason verbatim:
    "Based on the information provided on your transaction report, you obtained the listed firearm from a private party [NOTE: I actually marked on the form that they are acquired from my uncle, but I guess they consider that a private party?]. All private party firearm transactions must be completed through a licensed firearms dealer pursuant to Penal Code sections 26700 to 26915 inclusive. (Pen. Code section 27545.) Accordingly, the parties to the firearm transaction shall complete the sale, loan or transfer of the firearm through a licensed firearms dealer."

    My question is whether any of these options would work:
    1. I register the guns now under my own name without my uncle having to go to a registered dealer with me (as it's very hard for him to do so). If this is an option, what form would I use?
    2. My uncle and I go together to a gun dealer and he can register the guns, even if he was not the original owner.
    3. My uncle gifts the guns to me or I am somehow grandfathered into own the guns through a letter or form of some sort and I am able to register the guns under my name.

    Or if you have a better idea, please feel free to share! I think I may have to arrange for an outing and go to a dealer to complete a Private Party Transfer (PPT), but it will be a huge hassle for my uncle and am unsure of whether he'd even be recognized as the actual "owner."

    I appreciate any useful suggestions!
  • #2
    MacanTaillear
    Member
    • Nov 2014
    • 108

    Unfortunately, CALDOJ does not consider "huge hassle" as any reason to skirt their rules.
    If you get the guns from your uncle you are required to take them to a dealer to do a PPT. Both parties will need to be present.

    Comment

    • #3
      six seven tango
      CGSSA Associate
      • Jan 2012
      • 1725

      Take your uncle to your local gun store and have him transfer (PPT) them to you. They will then be registered to you, problem solved. This is the only legal way to do it. They're not going to look to see if your uncle is the registered owner. All they really care about is who owns it now.

      You will need a firearms safety certificate (FSC). If you don't have one, you can take the test and get the card at the gun store when you do the transfer. It costs $25. You will also be subject to the 10 day wait.
      Last edited by six seven tango; 03-07-2016, 9:57 PM.
      sigpic

      When Injustice Becomes Law, Resistance is Duty


      Comment

      • #4
        JDay
        I need a LIFE!!
        • Nov 2008
        • 19393

        It is a PPT. The exemption is for transferring from a parent or grandparent.
        Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

        The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

        Comment

        • #5
          Cokebottle
          Señor Member
          CGN Contributor - Lifetime
          • Oct 2009
          • 32373

          Originally posted by MoMoMonica5
          My uncle does not know if the guns are even registered.
          Prior to 1991, they were not registered.
          Prior to 1998, they "probably" were not registered.
          If he doesn't know, then the transfer to him was likely not through an FFL and they are not registered to him, likely not registered to anyone.

          I want to register the guns under my name because my uncle is paralyzed to the point of being unable to even hold a gun. (Yes, I know it's not mandatory, but I still want them registered as I may use them for a concealed carry once I get my license).
          For the guns to become your property, they need to be transferred to you and will be registered at that time.

          "Based on the information provided on your transaction report, you obtained the listed firearm from a private party [NOTE: I actually marked on the form that they are acquired from my uncle, but I guess they consider that a private party?].
          Correct.
          The OpLaw form that you likely used is only valid for transfer between direct-line relatives... child-parent-grandparent-etc....
          Siblings and other relatives do not qualify.

          1. I register the guns now under my own name without my uncle having to go to a registered dealer with me (as it's very hard for him to do so). If this is an option, what form would I use?
          Not legal.
          Theoretically, you could do a voluntary registration, but it would not be legal since the transfer to you took place after 1998, plus both you and the serial numbers are already "on the radar" from your previous attempt.
          The DOJ would likely reject the VolReg and possibly prosecute.

          2. My uncle and I go together to a gun dealer and he can register the guns, even if he was not the original owner.
          This is the only legal option.
          However, there is a way around him directly appearing while remaining legal.
          Since he is disabled, he can sign a Power of Attorney and have a representative go to the FFL and execute the transfer.
          Ping either Librarian or Kemasa, they are up on the details for this procedure.

          3. My uncle gifts the guns to me or I am somehow grandfathered into own the guns through a letter or form of some sort and I am able to register the guns under my name.
          Does not matter if they are a gift or you bought them, they still have to be transferred.

          am unsure of whether he'd even be recognized as the actual "owner."
          This is not an issue.
          Unless the guns are in the system as "stolen" there is no check of the selling party.
          There are likely more legally unregistered guns in California than registered.
          - 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

          • #6
            MoMoMonica5
            Junior Member
            • Mar 2016
            • 6

            Comment

            • #7
              Cokebottle
              Señor Member
              CGN Contributor - Lifetime
              • Oct 2009
              • 32373

              PPT are exempt from 1-in-30. You're still good there.
              - 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

              • #8
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44661

                Originally posted by Cokebottle
                PPT are exempt from 1-in-30. You're still good there.
                ... unless you happen to use an FFL inside the City of Los Angeles - which imposes 1-in-30 on PPTs, as well.

                The solution is easy enough - don't use an FFL inside the city of LA.
                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

                • #9
                  shafferds
                  Senior Member
                  • Feb 2008
                  • 1970

                  Check with the county you want to get a ccw in they many not allow 25acp.

                  Comment

                  • #10
                    edgerly779
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • Aug 2009
                    • 19871

                    All answers above are valid and curremt. This is anew one for calguns usually some swinging dik will chime in with illegal advice. Such as don't bother. Have a buddy do the dros as seller and since uncle to infirmed to go to ffl. Very refreshing for a change. Now close this so no one does that.

                    Comment

                    • #11
                      Chewy65
                      Calguns Addict
                      • Dec 2013
                      • 5078

                      Originally posted by shafferds
                      Check with the county you want to get a ccw in they many not allow 25acp.
                      Even if permitted to CCW a .25 do you really want to and are they mechanically reliable? Most think .380 is barely adequate, if it is even that.

                      Comment

                      • #12
                        Cokebottle
                        Señor Member
                        CGN Contributor - Lifetime
                        • Oct 2009
                        • 32373

                        Originally posted by edgerly779
                        Now close this so no one does that.
                        LOL!!!!!!

                        Originally posted by Chewy65
                        Even if permitted to CCW a .25 do you really want to and are they mechanically reliable? Most think .380 is barely adequate, if it is even that.
                        San Bernardino is minimum 25acp by policy.
                        They HAVE made exceptions and allowed 22lr for some disability exceptions.

                        Personally? Ya... 380 would be the minimum I would consider, and barely adequate at that, but when you are in a situation that carry would be very difficult, a nice pocket 380, or a 25 if it is reliable, can be the difference between carrying SOMETHING and carrying nothing.
                        - 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

                        • #13
                          MoMoMonica5
                          Junior Member
                          • Mar 2016
                          • 6

                          Good point. Thanks for the info! I just purchased a small 38 special revolver, but figured these two guns are smaller. I'll practice with both at the range and see which has a better feel for me, but will still go ahead and register the 25s. I can go ahead and close the thread, but I have one more question... How the heck do you do that? Am I missing a very obvious button or something? Sorry for the lack of knowledge, but this is my first thread on this forum.

                          Comment

                          • #14
                            six seven tango
                            CGSSA Associate
                            • Jan 2012
                            • 1725

                            Originally posted by MoMoMonica5
                            Good point. Thanks for the info! I just purchased a small 38 special revolver, but figured these two guns are smaller. I'll practice with both at the range and see which has a better feel for me, but will still go ahead and register the 25s. I can go ahead and close the thread, but I have one more question... How the heck do you do that? Am I missing a very obvious button or something? Sorry for the lack of knowledge, but this is my first thread on this forum.
                            Only mods can close a thread. Calguns tends to leave them open so that others can learn from the subject matter, add their own experience or ask a related question.
                            sigpic

                            When Injustice Becomes Law, Resistance is Duty


                            Comment

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