Proof of Ownership

[JoyfulJoker]

[P5Ret]

The only long guns I would be worried about are those that were purchased prior to 2014. That is when the state started retaining long gun info in AFS. Everything else is listed in AFS, and if the state isn't going to accept their own database as proof, there are bigger issues at hand.

The first step would be to obtain the list of your firearms listed in AFS (don't expect a quick response). Then submit the corrections are needed to keep it accurate if this is a real concern. For me it isn't, all of my handguns should be there, and my RAWs. Everything else that isn't there is not irreplaceable, and has no sentimental value. I also can't really foresee an event where they would be seized from my home. Having a sales receipt that may or may not list the actual item (I don't think I've ever gotten a receipt with that info) probably won't do much good.

[sbo80]

They are saying "proof of ownership" = "registered". If the DROS paperwork isn't enough, I bet they won't accept a sales receipt either. They want it registered. DROS didn't register those pre-2014 long guns. If they end up with a non-registered gun, you go on CFARS and self-report it. Once that's processed, it's now "registered" and they'll return your firearm (theoretically).

[Quiet]

Applicable CA laws... Note part in bold...


Penal Code 33850
(a) Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1) The applicant’s name, date and place of birth, gender, telephone number, and complete address.
(2) Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicant’s country of citizenship and the applicant’s United States Citizenship and Immigration Services-assigned number or I-94 number.
(3) If the seized property is a firearm, the firearm’s make, model, caliber, barrel length, type, country of origin, and serial number, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, there shall be a place on the application to note that fact.
(4) For residents of California, the applicant’s valid California driver’s license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicant’s military identification with orders indicating that the individual is stationed in California, or a copy of the applicant’s valid driver’s license from the applicant’s state of residence, or a copy of the applicant’s state identification card from the applicant’s state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5) The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition.
(6) The signature of the applicant and the date of signature.
(7) Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b) A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c) A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d) Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
(e) This section shall become operative on July 1, 2020.

Penal Code 33855
A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a) The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b) If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c) If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d) This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e) This section shall become operative on July 1, 2020.

[JoyfulJoker]

Thank you for taking the time Quiet. So DROS should be good enough and I’ll get a copy of the firearms I have registered… just in case.

[Duck Killer]

[Quiet]

CA amended the laws on how the Courts and LE agencies return firearms, which effective 07-01-2020, requires the firearms to be registered in AFS to the person trying to obtain the firearms.

[buttfish]

Pictures with close-up of serial #/purchase receipt.

[omega]

firearms passed down from family no AFS records

CA amended the laws on how the Courts and LE agencies return firearms, which effective 07-01-2020, requires the firearms to be registered in AFS to the person trying to obtain the firearms.

I always wondered what LE would do with firearms like your father's handguns that have been in your possession way before registration / transfer was required by law

what if you get caught at the range with your fathers old COLT PYTHON and it's not in your name with AFS? are the police going to confiscate it? if they do, your probably not getting it back.

[Duck Killer]

I always wondered what LE would do with firearms like your father's handguns that have been in your possession way before registration / transfer was required by law

what if you get caught at the range with your fathers old COLT PYTHON and it's not in your name with AFS? are the police going to confiscate it? if they do, your probably not getting it back.

I think there is a misunderstanding of the law. The gun will be entered into AFS by the law enforcement agency as you are the owner before being returned to you. Santa Clara county also take ballistics and enters it into Ibis before the gun is returned. There is no requirement for proof of ownership of a firearm in the state of California.