CAL Old Gun Registration Laws

[Samuel Whittemore]

A friend of mine told me he was told by multiple people (one of them being a current LAPD officer) that he did not have to registere a gun that was 30+ years old.

I told him that's sounds like utter and complete stupidity. Which one of us is right?

[DAZE752]

If he owned it before 91 for handguns, or 2014 for rifles.
Big thing is if he owned it, not bought after those dates.

Please someone correct me if im wrong.

[Samuel Whittemore]

Not the first time I had to eat crow.
Thx for lmk!!

[Librarian]

If he owned it before 91 for handguns, or 2014 for rifles.

Big thing is if he owned it, not bought after those dates.

Please someone correct me if im wrong.

Exactly right. See the wiki for the longer explanation - http://wiki.calgunsfoundation.org/in...s_Registration

[pythonfan]

IIRC, one thing to add is if he is caught in the commission of a crime with an unregistered handgun it is an automatic felony. If it is registered then it can be charged as either a misdemeanor or a felony depending on the situation.

For example, guy has it in his glove box during car stop and it is discovered.

[RickD427]

A friend of mine told me he was told by multiple people (one of them being a current LAPD officer) that he did not have to registere a gun that was 30+ years old.

I told him that's sounds like utter and complete stupidity. Which one of us is right?

Unless it's an Assault Weapon, .50 BMG Rifle, or a NFA weapon, there is no requirement for registration, regardless of the weapon's age.

The only requirement for registration of weapons not in the categories above is when they are transferred by an FFL, or imported into the state.

[RickD427]

IIRC, one thing to add is if he is caught in the commission of a crime with an unregistered handgun it is an automatic felony. If it is registered then it can be charged as either a misdemeanor or a felony depending on the situation.

For example, guy has it in his glove box during car stop and it is discovered.

Close. But the only crimes where this applies is Carrying a Loaded Weapon, or Carrying a Concealed Weapon.

If the weapon is not registered to the offender in the state's Automated Firearms System (AFS), then a first time unaggravated offense is a felony. It's the type of felony that a prosecutor can alternately charge as a misdemeanor (commonly called a "wobbler") but it's important to note an arrest for a "Wobbler" charge is a felony up until the time that it actually "wobbles" (typically the second court day following the arrest) and there is no guarantee that the prosecutor will file the misdemeanor charge. Urban prosecutors typically file the felony and then use the alternative of a misdemeanor to force a plea-bargain.

[pythonfan]

Close. But the only crimes where this applies is Carrying a Loaded Weapon, or Carrying a Concealed Weapon.

If the weapon is not registered to the offender in the state's Automated Firearms System (AFS), then a first time unaggravated offense is a felony. It's the type of felony that a prosecutor can alternately charge as a misdemeanor (commonly called a "wobbler") but it's important to note an arrest for a "Wobbler" charge is a felony up until the time that it actually "wobbles" (typically the second court day following the arrest) and there is no guarantee that the prosecutor will file the misdemeanor charge. Urban prosecutors typically file the felony and then use the alternative of a misdemeanor to force a plea-bargain.

Thank you for clearing that up. Now if gun is registered to the person, and they are caught carrying a loaded weapon, or carrying a concealed weapon would the first time aggravated offense not be a felony?

[RickD427]

Thank you for clearing that up. Now if gun is registered to the person, and they are caught carrying a loaded weapon, or carrying a concealed weapon would the first time aggravated offense not be a felony?

In that case a first time unaggravated offense would not be a felony.

There are still many aggravating circumstances that could make a first offense a felony.

[Ewok55]

If you were not 21 and a resident of CA before 1991 and after a handgun was last DROSed, would that be proof that you didn't legally obtain it?

[Ewok55]

The DOJ is adding older on paper handgun sales to the database. Handguns that actually went through a FFL before 91 are in the database, but it is incomplete as it depends on if the form actually made it to the DOJ and was entered.

[RickD427]

If you were not 21 and a resident of CA before 1991 and after a handgun was last DROSed, would that be proof that you didn't legally obtain it?

Nope. There are legal avenues by which such a weapon could have been obtained without appearing in the AFS registry. Personal Firearms Importers on Active Duty Military Orders being an example.

[bergmen]

And prior to the 1968 Gun Control Law, only handguns originally purchased at a gun shop were recorded (California). There was nothing illegal about buying a handgun in that matter and walking right down the street and selling it to Fred for cash and he could take it home without legal issue.

I don't think there was an age issue either since I bought a used .22 revolver from a gunsmith friend when I was still in high school.

Dan

[Quiet]

And prior to the 1968 Gun Control Law, only handguns originally purchased at a gun shop were recorded (California). There was nothing illegal about buying a handgun in that matter and walking right down the street and selling it to Fred for cash and he could take it home without legal issue.

I don't think there was an age issue either since I bought a used .22 revolver from a gunsmith friend when I was still in high school.

Dan

AFAIK...
Federal minimum age requirements, for non-NFA firearms, were first mandated with the Gun Control Act of 1968.
^Prior to that there was no Federal minimum age to legally acquire a non-NFA firearm.

[bergmen]

AFAIK...
Federal minimum age requirements, for non-NFA firearms, were first mandated with the Gun Control Act of 1968.
^Prior to that there was no Federal minimum age to legally acquire a non-NFA firearm.

Correct, so was the creation of the FFL (which did not previously exist prior to the 1968 GCA).

Dan