Using Unregistered Gun in Home Protection

[MoMoMonica5]

Hi all!

Are there any consequences in using an unregistered pistol for home defense? For example, if there is a break-in and in an act of protection a person uses an unregistered pistol to stop the attacker, would there be any consequences for using a pistol that is not registered? Let's assume the attacker had a weapon and was charging toward the home owner with intent to harm the home owner, so the self-defense is reasonable. Also, let's assume the gun is not registered because it was purchased prior to the registration requirement. I'm just curious in understanding if there are any major issues with having an unregistered gun as a home defense weapon.

Thanks in advance for any insight!

[Garv]

Should be OK if the shooter owned the gun prior to registration being required.
If the shooter is too young to have legally owned the gun, could be a problem.

Better info coming.

[Cokebottle]

Not an issue.
It will be taken into evidence, you will file a LEGR to get it back, and it will be DROS'd back to you, but it may be difficult to prove ownership to get it back.

Short story, don't use any gun for self defense that you care if you ever get back even if charges are not filed.

Every handgun in my home is loaded and chambered 24/7, except for grandpa's 1903 Colt.
Aside from it being only a .32ACP, that is the one gun that has sentimental value.
There are two loaded magazines with it, but it is not loaded.
My wife knows that if that gun is to be used, there had better be 7 empty guns AND a pile of bodies

[Cokebottle]

Should be OK if the shooter owned the gun prior to registration being required.
If the shooter is too young to have legally owned the gun, could be a problem.

Better info coming.

There may be questions as to acquisition, but there would be no criminal charges unless it is being carried concealed in public.
It is not illegal to be in possession of an unregistered handgun.

[MoMoMonica5]

I'm so glad I found this forum! You all are so informative! Thanks again.

[CSACANNONEER]

Should be OK if the shooter owned the gun prior to registration being required.
If the shooter is too young to have legally owned the gun, could be a problem.

Better info coming.

Really? Are you saying that if a 16 year old is living with me and uses one of my legally owned but unregistered guns to protect him/herself or anyone else, it would be a problem? LOL. One doesn't have to own a firearm to lawfully use it.

[DDM4556]

This situation doesn't apply to me but I have to ask - wouldn't you have to provide some kind of proof that you purchased the legally firearm at some point in time? Otherwise how do cops know you didn't buy it off some guy on the street and claim you bought it years ago?

[Snerk]

Really? Are you saying that if a 16 year old is living with me and uses one of my legally owned but unregistered guns to protect him/herself or anyone else, it would be a problem? LOL. One doesn't have to own a firearm to lawfully use it.

This is California, please leave your logic at the door.

[Rockit]

This situation doesn't apply to me but I have to ask - wouldn't you have to provide some kind of proof that you purchased the legally firearm at some point in time? Otherwise how do cops know you didn't buy it off some guy on the street and claim you bought it years ago?

No proof needed.

[CSACANNONEER]

This situation doesn't apply to me but I have to ask - wouldn't you have to provide some kind of proof that you purchased the legally firearm at some point in time? Otherwise how do cops know you didn't buy it off some guy on the street and claim you bought it years ago?

Why would I have to prove anything? So what if I legally bought it from some guy at a gas station or through a newspaper add when it was legal to do so?

Why do so many people think that the law is set up so that you are guilty unless you prove you're innocent?

BTW, MOST rifles and shotguns purchased prior to 1-1-2014 are not "registered" in CA.

[CSACANNONEER]

This is California, please leave your logic at the door.

If I leave it at the door, you'll have to drag it inside to shoot it down.

[DDM4556]

Don't know guys... You may be absolutely right. But somehow if feel that if I ever used any gun in home defense, the cops are probably going to ask who's gun it is, and where it came from.

You don't think that question is ever going to come up? And if it does, they're just going to take your word for it??? This is CA.

[Garv]

Really? Are you saying that if a 16 year old is living with me and uses one of my legally owned but unregistered guns to protect him/herself or anyone else, it would be a problem? LOL. One doesn't have to own a firearm to lawfully use it.

I was implying a young person having possession of an unregistered firearm they could not have bought raising questions by the authorities, not a child of the owner or similar.
(A gun that under normal circumstances should have been registered to the shooter.)
I did say "could"...

[CSACANNONEER]

Don't know guys... You may be absolutely right. But somehow if feel that if I ever used any gun in home defense, the cops are probably going to ask who's gun it is, and where it came from.

You don't think that question is ever going to come up? And if it does, they're just going to take your word for it??? This is CA.

First of all, they shouldn't take your word for it because, YOU SHOULD NOT MAKE A STATEMENT to them. They don't need to take your attorney's word for it either. But, they really don't care. They are not the prosecutor, judge or jury. Who cares what they think? Again, most long guns purchased prior to 1-1-2014 are not registered. How many times have you heard of a problem with a shotgun used for home defense not being registered? I'm going to bet you haven't. Why? Because it is not a legal requirement to have all your firearms registered. In case I didn't make myself clear before, DO NOT MAKE ANY STATEMENT other than "I need to talk to my attorney".

[Soginator]

You guys keep saying cops are the ones you have to worry about. Most of them don't care if the situation seems justified in the moment. What you actually have to worry about is what you tell them (which should be nothing without attorney present). In situations like this, they could only know the ownership of the firearm if you told them or after the incident. And the call to arrest you for it would be made by the DA office.