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Question About Bringing a Handgun into the State....

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  • Air
    Senior Member
    • May 2005
    • 1640

    Question About Bringing a Handgun into the State....

    Okay...

    My buddy has lived here in Los Angeles since around 2002, but he recently drove back to his hometown (Birmingham, AL) to take care of his dad, who had Quintuple Bypass Surgery...His old man is recovering nicely. Thank the Lord.

    Regardless, when he moved here, he left his Beretta 92 in the care of his Pops, but since he was back home, he wanted to bring it back with him so I loaned him a lockable pistol case, and he drove back here with it...he disassembled the magazines of course...


    I know there is the 'new resident' forms for bringing a handgun into the state, should he fill that out? Or is there something else?
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30242

    He owns the handgun and it was stored in another state.

    He still uses the New Resident Handgun Ownership Report to report it to CA DOJ BOF, even though he moved here many years ago.
    He has 60 days to report it. Time starts when the handgun enters into CA.

    see bold

    Penal Code 12072
    (f)(2)(A) On or after January 1, 1998, within 60 days of bringing a pistol, revolver, or other firearm capable of being concealed upon the person into this state, a personal handgun importer shall do one of the following:
    (i) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question.
    (ii) Sell or transfer the firearm in accordance with the provisions of subdivision (d) or in accordance with the provisions of an exemption from subdivision (d).
    (iii) Sell or transfer the firearm to a dealer licensed pursuant to Section 12071.
    (iv) Sell or transfer the firearm to a sheriff or police department.
    (B) If the personal handgun importer sells or transfers the pistol, revolver, or other firearm capable of being concealed upon the person pursuant to subdivision (d) of Section 12072 and the sale or transfer cannot be completed by the dealer to the purchaser or transferee, and the firearm can be returned to the personal handgun importer, the personal handgun importer shall have complied with the provisions of this paragraph.
    (C) The provisions of this paragraph are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and different provisions of the Penal Code shall not be punished under more than one provision.
    (D)(i) On and after January 1, 1998, the department shall conduct a public education and notification program regarding this paragraph to ensure a high degree of publicity of the provisions of this paragraph.
    (ii) As part of the public education and notification program described in this subparagraph, the department shall do all of the following:
    (I) Work in conjunction with the Department of Motor Vehicles to ensure that any person who is subject to this paragraph is advised of the provisions of this paragraph, and provided with blank copies of the report described in clause (i) of subparagraph (A) at the time that person applies for a California driver's license or registers his or her motor vehicle in accordance with the Vehicle Code.
    (II) Make the reports referred to in clause (i) of subparagraph (A) available to dealers licensed pursuant to Section 12071.
    (III) Make the reports referred to in clause (i) of subparagraph (A) available to law enforcement agencies.
    (IV) Make persons subject to the provisions of this paragraph aware of the fact that reports referred to in clause (i) of subparagraph (A) may be completed at either the licensed premises of dealers licensed pursuant to Section 12071 or at law enforcement agencies, that it is advisable to do so for the sake of accuracy and completeness of the reports, that prior to transporting a pistol, revolver, or other firearm capable of being concealed upon the person to a law enforcement agency in order to comply with subparagraph (A), the person should give prior notice to the law enforcement agency that he or she is doing so, and that in any event, the pistol, revolver, or other firearm capable of being concealed upon the person should be transported unloaded and in a locked container.
    (iii) Any costs incurred by the department to implement this paragraph shall be absorbed by the department within its existing budget and the fees in the Dealers' Record of Sale Special Account allocated for implementation of this subparagraph pursuant to Section 12076.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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