Unconfigured Ad Widget

Collapse

Registration.

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • ap3572001
    Calguns Addict
    • Jun 2007
    • 6039

    Registration.

    Is there any Law in CA that says that every handgun You own has to be in YOUR name?

    Is there a simple YES/NO answer to this one?

    Thanks.

    PS. I am talking about pistols made AFTER 1991. And You were living in CA all Your adult life. And did not move out of state at any time.
    Last edited by ap3572001; 09-14-2011, 1:37 PM.
  • #2
    jwkincal
    Senior Member
    • Apr 2011
    • 1607

    No. But there really isn't a simple yes or no answer.

    The answer to the question you asked is NO.

    What is it you REALLY want to know?
    Get the hell off the beach. Get up and get moving. Follow Me! --Aubrey Newman, Col, 24th INF; at the Battle of Leyte

    Certainty of death... small chance of success... what are we waiting for? --Gimli, son of Gloin; on attacking the vast army of Mordor

    Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God!
    I know not what course others may take; but as for me, give me liberty or give me death!
    --Patrick Henry; Virginia, 1775

    Comment

    • #3
      ap3572001
      Calguns Addict
      • Jun 2007
      • 6039

      Originally posted by jwkincal
      No. But there really isn't a simple yes or no answer.

      The answer to the question you asked is NO.

      What is it you REALLY want to know?
      Person has a modern gun , not in their name. (not stolen) .
      They use it, shoot it, enjoy it . Is there ANY issue with that?

      Comment

      • #4
        Curley Red
        Banned
        • May 2011
        • 1737

        Originally posted by ap3572001
        Person has a modern gun , not in their name. (not stolen) .
        They use it, shoot it, enjoy it . Is there ANY issue with that?
        I depends on what year you took possesion of the gun. Also if you ever for any reason have the gun ran for some reason by the police or law and it is not in your name you better have a good reason.

        Comment

        • #5
          CSACANNONEER
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Dec 2006
          • 44092

          I've got an AK pistol manufactured in 2009. It is legally mine and has no serial number nor "registration" of any kind. Perfectly legal!
          NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
          California DOJ Certified Fingerprint Roller
          Ventura County approved CCW Instructor
          Utah CCW Instructor


          Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

          sigpic
          CCW SAFE MEMBERSHIPS HERE

          KM6WLV

          Comment

          • #6
            jwkincal
            Senior Member
            • Apr 2011
            • 1607

            Originally posted by ap3572001
            Person has a modern gun , not in their name. (not stolen) .
            They use it, shoot it, enjoy it . Is there ANY issue with that?
            Legal. Don't expect the LEAs you may come into contact with to know that.

            And be advised that the misdemeanor crime of carry (in cases where it is a crime) becomes a felony when you are not the "registered owner" of said handgun. (That may only be loaded, though... can't recall specifically ATM).

            Again, don't expect the police to know that what you are doing is legal.
            Get the hell off the beach. Get up and get moving. Follow Me! --Aubrey Newman, Col, 24th INF; at the Battle of Leyte

            Certainty of death... small chance of success... what are we waiting for? --Gimli, son of Gloin; on attacking the vast army of Mordor

            Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God!
            I know not what course others may take; but as for me, give me liberty or give me death!
            --Patrick Henry; Virginia, 1775

            Comment

            • #7
              mej16489
              Veteran Member
              • Aug 2008
              • 2714

              Originally posted by ap3572001
              Is there any Law in CA that says that every handgun You own has to be in YOUR name?

              Is there a simple YES/NO answer to this one?

              Thanks.

              PS. I am talking about pistols made AFTER 1991. And You were living in CA all Your adult life. And did not move out of state at any time.
              No, but there are possible sentence enhancements for doing illegal things with them.

              Stated another way; CA has not yet legislated all of the ways it is legally permissible to have an unregistered handgun.

              Comment

              • #8
                jwkincal
                Senior Member
                • Apr 2011
                • 1607

                OK I looked it up.

                It is in 12025(a)(6):
                (6) By imprisonment in the state prison, or by imprisonment in a
                county jail not to exceed one year, by a fine not to exceed one
                thousand dollars ($1,000), or by both that fine and imprisonment if
                both of the following conditions are met:
                (A) Both the pistol, revolver, or other firearm capable of being
                concealed upon the person and the unexpended ammunition capable of
                being discharged from that firearm are either in the immediate
                possession of the person or readily accessible to that person, or the
                pistol, revolver, or other firearm capable of being concealed upon
                the person is loaded as defined in subdivision (g) of Section 12031.
                (B) The person is not listed with the Department of Justice
                pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
                registered owner of that pistol, revolver, or other firearm capable
                of being concealed upon the person.
                This allows the DA to charge you with a felony if you are illegally carrying a loaded handgun that is not registered to you. So don't carry it illegally.
                Get the hell off the beach. Get up and get moving. Follow Me! --Aubrey Newman, Col, 24th INF; at the Battle of Leyte

                Certainty of death... small chance of success... what are we waiting for? --Gimli, son of Gloin; on attacking the vast army of Mordor

                Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God!
                I know not what course others may take; but as for me, give me liberty or give me death!
                --Patrick Henry; Virginia, 1775

                Comment

                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44627

                  So, see the Calguns Foundation Wiki for the complete info - right answers so far.

                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #10
                    bwiese
                    I need a LIFE!!
                    • Oct 2005
                    • 27621

                    Originally posted by ap3572001
                    Is there any Law in CA that says that every handgun You own has to be in YOUR name?
                    Not specifically.

                    Handguns were freely paper-free transferrable between CA residents before 01 Jan 1991, and were importable/retainable without paperwork by those moving into CA before 01 Jan 1998.

                    Is there a simple YES/NO answer to this one?
                    CA gun law is never absolute on general subjects - there's exceptions to exceptions, exemptions etc.

                    I am talking about pistols made AFTER 1991. And You were living in CA all Your adult life. And did not move out of state at any time.
                    Generally handguns after 1991 would have had to have been papered in your name - either from DROS/waiting period or mailing in Interfamily Transfer paperwork. Even a true inheritance would require Operation of Law paperwork to be filed w/DOJ.

                    Having a post-1991 handgun not 'papered' to a person who's been a CA resident (only) his whole life might be fairly presumptive
                    of illegal acquisition, though statute of limitations might prevail after a time period elapses (and which does not guarantee that the
                    handgun is not contraband, just that you might not be prosecuted)
                    Last edited by bwiese; 09-14-2011, 3:06 PM.

                    Bill Wiese
                    San Jose, CA

                    CGF Board Member / NRA Benefactor Life Member / CRPA life member
                    sigpic
                    No postings of mine here, unless otherwise specifically noted, are
                    to be construed as formal or informal positions of the Calguns.Net
                    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                    employer. No posts of mine on Calguns are to be construed as
                    legal advice, which can only be given by a lawyer.

                    Comment

                    • #11
                      ap3572001
                      Calguns Addict
                      • Jun 2007
                      • 6039

                      Originally posted by bwiese
                      Not specifically.

                      Handguns were freely paper-free transferrable between CA residents before 01 Jan 1991, and were importable/retainable without paperwork by those moving into CA before 01 Jan 1998.

                      CA gun law is never absolute on general subjects - there's exceptions to exceptions, exemptions etc.

                      Generally handguns after 1991 would have had to have been papered in your name - either from DROS/waiting period or mailing in Interfamily Transfer paperwork. Even a true inheritance would require Operation of Law paperwork to be filed w/DOJ.

                      Having a post-1991 handgun not 'papered' to a person who's been a CA resident (only) his whole life might be fairly presumptive
                      of illegal acquisition, though statute of limitations might prevail after a time period elapses (and which does not guarantee that the
                      handgun is not contraband, just that you might not be prosecuted)
                      Interesting....... Sounds so much like Ca magazine law...

                      Interesting how these laws are wrtitten.

                      Comment

                      • #12
                        CSACANNONEER
                        CGN/CGSSA Contributor - Lifetime
                        CGN Contributor - Lifetime
                        • Dec 2006
                        • 44092

                        Originally posted by bwiese
                        Not specifically.

                        Handguns were freely paper-free transferrable between CA residents before 01 Jan 1991, and were importable/retainable without paperwork by those moving into CA before 01 Jan 1998.

                        CA gun law is never absolute on general subjects - there's exceptions to exceptions, exemptions etc.

                        Generally handguns after 1991 would have had to have been papered in your name - either from DROS/waiting period or mailing in Interfamily Transfer paperwork. Even a true inheritance would require Operation of Law paperwork to be filed w/DOJ.

                        Having a post-1991 handgun not 'papered' to a person who's been a CA resident (only) his whole life might be fairly presumptive
                        of illegal acquisition,
                        though statute of limitations might prevail after a time period elapses (and which does not guarantee that the
                        handgun is not contraband, just that you might not be prosecuted)
                        The obvious exception to this is homebuilt handguns. It is perfectly legal for someone who has alway been a Ca resident to legally own unregistered, un serialized and completely undocumented handguns in this state which where manufactured last week, last month or anytime in the last century.
                        NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                        California DOJ Certified Fingerprint Roller
                        Ventura County approved CCW Instructor
                        Utah CCW Instructor


                        Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                        sigpic
                        CCW SAFE MEMBERSHIPS HERE

                        KM6WLV

                        Comment

                        • #13
                          Dutch3
                          I need a LIFE!!
                          • Oct 2010
                          • 14181

                          Antique handguns (manufactured prior to 1899) are exempt from registration and FFL transfer requirements as well. A .32 Iver Johnson built in 1896 doesn't have to be registered to anyone.
                          Just taking up space in (what is no longer) the second-worst small town in California.

                          Comment

                          Working...
                          UA-8071174-1