Another Letter from CADOJ

[TheDuckofDeath]

Regretfully today in the mail there was another letter asking me to take photos two pistols and send them in so CADOJ can determine if they're "assault weapons". One is a 22. semi auto pistol and the 2nd one is a SIG P-series. Third issue is verifying a model for a weird German made 22 bolt action rifle. It is no longer on my possession because I transferred it to a family member 6 months ago.

What the best course of action here? This is nearly my third year of dealing with this and it seems like they're trying to railroad me at this point.

[Quiet]

It is the legal obligation of the transferee (person receiving the firearm) to submit a report of an intra-familial transfer to CA DOJ BOF.
^There is no legal reason why the transferor (person gifting the firearm) should be submitting a report of an intra-familial transfer to CA DOJ BOF.

A reason why CA DOJ BOF may contact the transferor (person that gifted the firearm) is to the verify the information on what the transferee reported because what they initially reported may not have matched what was in AFS.
^This could also be done to collect evidence that illegal firearms were transferred and/or an illegal transfer was conducted by both the transferee and transferor.

There is no legal obligation for the transferor to voluntarily provide information to CA DOJ BOF for an intra-familial transfer.

The legal obligation/responsibility is on the transferee (person who received the firearm).

[morrcarr67]

Regretfully today in the mail there was another letter asking me to take photos two pistols and send them in so CADOJ can determine if they're "assault weapons". One is a 22. semi auto pistol and the 2nd one is a SIG P-series. Third issue is verifying a model for a weird German made 22 bolt action rifle. It is no longer on my possession because I transferred it to a family member 6 months ago.

What the best course of action here? This is nearly my third year of dealing with this and it seems like they're trying to railroad me at this point.

Duck,

You don't mention what form you filled out in the first place, but under the law your only requirement is to fill out the form and send it in. There is no legal requirement for you to send in any pictures.

Some things for you to think about. Since you mentioned that they are specifically looking to see if the .22lr pistol you reported is an "assault weapon" I would not send in any pictures of this firearm. They are looking to see if you have something you shouldn't so they can send out some nice guys to meet you at about 0300 hours.

You need to understand the AW laws and figure out if what you have is legal in CA. Some of the things that come up a lot in .22lr pistols is a threaded barrel. Many "normal" looking .22's come with a factory installed threaded barrel and that will make your pistol an AW. You'd need to get a new barrel or make your barrel non-threaded. Another thing that comes up is a magazine outside of the pistol grip. If you have a pistol like that you need to figure out a way to comply with the current fixed magazine definition.

[mk2dave]

OP, I'm sure others have been tracking your situation, but some of us haven't and may be confused as to what and how you are trying to do or how you are being railroaded into. Are the two pistols also intrafamiliar stuff, declaration of ownership, other? I assume something different than a standard DROS.

I find it valuable to abide by the laws and regulations in these instances. Don't know what laws apply? Ask. After all, the DOJ requires you to follow them; and so should they.

I'm always happy to present whatever information is legally required. To further my understanding, what PC requires this?

[tackdriver]

Duck,

You don't mention what form you filled out in the first place, but under the law your only requirement is to fill out the form and send it in. There is no legal requirement for you to send in any pictures.

Some things for you to think about. Since you mentioned that they are specifically looking to see if the .22lr pistol you reported is an "assault weapon" I would not send in any pictures of this firearm. They are looking to see if you have something you shouldn't so they can send out some nice guys to meet you at about 0300 hours.

You need to understand the AW laws and figure out if what you have is legal in CA. Some of the things that come up a lot in .22lr pistols is a threaded barrel. Many "normal" looking .22's come with a factory installed threaded barrel and that will make your pistol an AW. You'd need to get a new barrel or make your barrel non-threaded. Another thing that comes up is a magazine outside of the pistol grip. If you have a pistol like that you need to figure out a way to comply with the current fixed magazine definition.

Exactly. Learn from my experience with the DOJ lowlifes.

[igs]

e n t r a p m e n t

[fabularny]

fishing exercise and busy work for doj trainees. if you've been dealing with them for 3 years now, they just got 3 years worth of on the job training for their new recruits out of you. ignore them and let them find someone else to pester

[TheDuckofDeath]

Long story short I'm trying to put all the firearms my parents own into my name because both of them passed away within a year of each other. It took CADOJ a year from when I submitted the OPLAW paperwork to send me a letter asking about the pistols in question. Both of them I know without a doubt are NOT assault weapons but the letter says they will reject the transaction and the firearms will not be recorded in my name.

[Dan_Eastvale]

It they are indeed NOT AWs and you want to keep these guns, why not just send in the pictures and hopefully be done with it? Don't have to spend any more in fees.

They said they will reject your transfer without them.

I mean the paperwork has already been started.

I do not believe it's entrapment. Incompetence yes, entrapment no.

[NorcalGSG]

Long story short I'm trying to put all the firearms my parents own into my name because both of them passed away within a year of each other. It took CADOJ a year from when I submitted the OPLAW paperwork to send me a letter asking about the pistols in question. Both of them I know without a doubt are NOT assault weapons but the letter says they will reject the transaction and the firearms will not be recorded in my name.

There were those Walther P22's that had the recall program on them. Some were not complied with and didn't get sent in to have the threaded barrel fixed permanently to meet CA regs. You can search here and see all about it from years ago.

[ar15barrels]

Long story short I'm trying to put all the firearms my parents own into my name because both of them passed away within a year of each other. It took CADOJ a year from when I submitted the OPLAW paperwork to send me a letter asking about the pistols in question. Both of them I know without a doubt are NOT assault weapons but the letter says they will reject the transaction and the firearms will not be recorded in my name.

How do you know specifically that they are not assault weapons?
We need more details.
Is one of them a Walther P22?
Because some of those are assault weapons.

You can ignore the DOJ and not respond or better yet, just wait a year to repond like they did with you.
It's ok if they don't record the gun in your name.
You have met the legal requirement to notify them when you mailed them the form a year ago.
It's not illegal for you to continue to possess the guns without the state finishing putting the guns in your name.

You don't need the gun in your name to be able to sell them either.
If they keep pestering you and you don't want to deal with them, sell the guns to someone else in california and a new entry will be made in AFS with the new owners name.
Then you can send the DOJ a "no longer in possession" form as your response.

[TrailerparkTrash]

Hypothetically, you don’t have to say or do squat, except pay taxes and die. …just don’t have said items in your house nor your possession.

[ar15barrels]

Hypothetically, you don?t have to say or do squat, except pay taxes and die. ?just don?t have said items in your house nor your possession.

It's not illegal to possess guns that are not registered to you because the state did not register them after being given the act-of-law registration form.