Registering a rifle in CA question

[AIMSMALL]

Ok guys so here's the scenario, A guy buys a marlin 60 .22 from a guy for $100 and doesn't do a ppt under the impression that it's a rifle and doesn't need to be registered, later he learns that the ppt is required but has no way to contact the guy he bought it from. What to do?

[DSA_FAL]

Generally, rifles can't be registered. Occasionally, registration windows open for specific rifles (i.e. after the .50 cal ban and after the assault weapons bans).

If it was me and I couldn't find the seller I'd just STFU about it and keep a low profile WRT that specific rifle. I don't believe a PPT can be completed without both parties present, maybe a FFL can chime in about that. I'm sure the statute of limitations expires eventually and eventually you'll be clear. Regardless, the govt wont know any better unless people openly talk about this. Even if they ran the serial #, it wouldn't say who owned it or whether it was transferred properly.

[GrizzlyGuy]

If a crime was committed, it was committed by the seller. From 12070:

(a) No person shall sell, lease, or transfer firearms unless
he or she has been issued a license pursuant to Section 12071. Any
person violating this section is guilty of a misdemeanor.

Other PC sections related to transfer use similar language. AFAIK, there is nothing prohibiting buying or taking possession of a firearm unless you are a prohibited person.

[pgsandiego]

I just did a PPT on a rifle and the paperwork didn't even include the rifle serial number or make/model so there's no real proof I bought it or when. Other than the background check, I didn't see much point in it. But, it is the law.

Next time I'll probably do a self made agreement (in addition to the PPT of course) for both the buyer and seller documenting the make/model, serial number, date and contact info. A copy for the buyer and another for the seller would seem to give a bit more protection for both parties if anything came up.

[M. D. Van Norman]

[AIMSMALL]

ok well I think that pretty much answers my question then guys. Thank you all!

[Mssr. Eleganté]

If a crime was committed, it was committed by the seller. From 12070:



Other PC sections related to transfer use similar language. AFAIK, there is nothing prohibiting buying or taking possession of a firearm unless you are a prohibited person.

12072(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.

[Mssr. Eleganté]

It is not illegal to buy a non-prohibited rifle. The dealer-transfer requirement is virtually unenforceable for long guns … at least for now.

It certainly is illegal to buy a non-prohibited rifle in California without doing a PPT at a California licensed dealer, unless it is an exempt transaction like a 50+ year old C&R long gun or "family" transfer. "Virtually unenforceable" and "not illegal" don't mean the same thing.

[CHS]

There's nothing to do. Just keep and use the rifle like normal.

But hopefully someone has now learned their lesson.

[Sinixstar]

The PPT/DROS process for rifles is not the same as 'registering'.

The PPT/DROS process for rifles is to investigate whether or not the buyer is a prohibited person. period.

Rifles CAN be registered, but it has to happen voluntarily. There are forms on the DOJ Site to do exactly this if you want to register your rifle.(why you would WANT to is beyond me, but hey - different strokes)

Technically, a crime was a committed, since the transfer took place outside of the PPT process. Who committed the crime, and more importantly, whether it could be enforced on the other hand - is another story entirely.

Personally - i would begin referring to that gun as 'the .22 I had growing up.' and call it a day.

[M. D. Van Norman]

“Virtually unenforceable” and “not illegal” don’t mean the same thing.

I didn’t say that they did. However, I’m not aware of a legal remedy for this hypothetical situation, other than perhaps voluntary registration, which would only have bearing if the subject were a prohibited person, in which case he would enjoy 5th Amendment protection from self-incrimination.

All of this is a game only for law-abiding gun owners. It’s why we see so much drama over such things as metal boxes with springs in them.