How to register a handgun that has no history/paperwork?

[Unsilenced]

So my father is is possession of a 1945, government issue Colt 1911A1. It originally belonged to my stepmom's ex husband's father, as far as we know, but it's now sitting around their house and nobody wants to touch it except me.

The gun is, to my knowledge, in no way registered to anyone. I don't know when it entered the state, who brought it in, or why it was left in my stepmom's house, but they have it and have had it for several years now, and while they've tried to return it to someone in her ex's family, nobody seems to want it and they're all out of state besides.

Legally, it would have gone to the ex husband's father's wife when he died, but now she's dead too, making pretty much everyone with a legal claim to the gun either dead or uninterested in owning it.

Long story short, this gun might as well have fallen out of the sky and nobody knows what to do with it, and I would like to have it.

How should I go about registering it, and would there be any risk of it showing up as stolen or something because of a previous registration (not that I think there's likely to be one, it's been sitting in closets for the last 15 years at least)

I have looked at the "Report of Operation of Law or Intra-Familial Handgun Transaction" form and it sounds like it's what I need, but I want to know if there could be legal issues about it, and what I ought to put on the form to avoid them. Do they check the S/N on the forms against other records? Do they demand to know the history of previous owners or anything? Can it be rejected if I fill one out?


TL;DR: I have a handgun that might as well have fallen out of a truck and want to know if there's a legal way for me to keep it.

[slayer61]

Enjoy your new 1911 and ssshhhhh!

[Citadelgrad87]

Depending on dates, etc, yada, yada, there is no requirement that a handgun be registered in California.

If you want to, http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

And $19 to the DOJ, wait about six weeks, and it's registered.

I would think long and hard about it after confirming the dates and whether or not it is necessary to register it.

[Unsilenced]

Depending on dates, etc, yada, yada, there is no requirement that a handgun be registered in California.

If you want to, http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

And $19 to the DOJ, wait about six weeks, and it's registered.

I would think long and hard about it after confirming the dates and whether or not it is necessary to register it.

What dates would I need to find to not have to register it? Would I be legally in a safer position to do so anyways?

[Erion929]

What dates would I need to find to not have to register it? Would I be legally in a safer position to do so anyways?

FWIW, I believe if you owned the gun prior to 1992, there was no registration.

Google '1992' and 'handgun registration' and you should be able to get some info.......


**

[Unsilenced]

FWIW, I believe if you owned the gun prior to 1992, there was no registration.

Google '1992' and 'handgun registration' and you should be able to get some info.......


**

Well, /I/ haven't owned it that long. I don't own it at all yet, it's technically in my stepmother's possession. So to transfer it I'd still need to register, yes?

Note: If I just took it anyways, I couldn't claim to have possessed it since 1992 because I would be a baby.

[lapriester]

So your family has been in possession of this 1911 for decades? Do yourself a favor, keep your mouth shut about it, convince your family you should take it off their hands and enjoy your luck and the fact you have such a valuable piece of history. There is no requierment to register it or do a transfer unless you are just dying to place it in the DOJ database. Also, it's a Curio and Relic qualified pistol. All in all I believe by the sequence of how it's changed hands, that it's no different than inheriting from a relative. Take it, shoot it, enjoy it. Or, sell it for a lot of money to a C&R licensed collector who would be more than happy to give you a tidy sum for it. He won't even ask about whether it's registered and, in most states, it can be shipped directly to them no questions asked.

[Librarian]

Well, /I/ haven't owned it that long. I don't own it at all yet, it's technically in my stepmother's possession. So to transfer it I'd still need to register, yes?

Note: If I just took it anyways, I couldn't claim to have possessed it since 1992 because I would be a baby.

VOLREG really doesn't apply here - there is an actual person in possession, and you're interested in a transfer to you.

Any chance you're adopted?

The OPLAW is principally used for CA's very narrow 'immediate family' and the language used seems to exclude step relationships.

So, if someone were to want to give it to you, it probably needs to be a Private Party Transfer through a CA FFL.

A "1945, government issue Colt 1911A1" is C&R, so not being on the Roster is not a problem.

[Unsilenced]

VOLREG really doesn't apply here - there is an actual person in possession, and you're interested in a transfer to you.

Any chance you're adopted?

The OPLAW is principally used for CA's very narrow 'immediate family' and the language used seems to exclude step relationships.

So, if someone were to want to give it to you, it probably needs to be a Private Party Transfer through a CA FFL.

A "1945, government issue Colt 1911A1" is C&R, so not being on the Roster is not a problem.

Could she tranfer it to me through an FFL even though it's not registered to her?

Could she give it to my dad who gives it to me? Like I said, the actual ownership is beyond muddy. Would there be any problem just listing my dad on the form as the source of the gun?

Not adopted, just divorced parents. My dad is biologically my dad.

[Oceanbob]

Could she tranfer it to me through an FFL even though it's not registered to her?

Could she give it to my dad who gives it to me? Like I said, the actual ownership is beyond muddy. Would there be any problem just listing my dad on the form as the source of the gun?

Not adopted, just divorced parents. My dad is biologically my dad.

No reason to do anything.

[foxtrotuniformlima]

Could she tranfer it to me through an FFL even though it's not registered to her?

The DoJ won't care nor will the FFL and long as it hasn't be reported stolen.


Yes. She and you go to the FFL together. You need all the standard BS - FSC, CDL, 2nd item like car registration. $35 ; Standard PPT.

[Unsilenced]

The DoJ won't care nor will the FFL and long as it hasn't be reported stolen.


Yes. She and you go to the FFL together. You need all the standard BS - FSC, CDL, 2nd item like car registration. $35 ; Standard PPT.

Any way to do it through the mail? I'm not in the same city as her and it'd be a pain to fly down.

[Librarian]

Could she tranfer it to me through an FFL even though it's not registered to her?

Could she give it to my dad who gives it to me? Like I said, the actual ownership is beyond muddy. Would there be any problem just listing my dad on the form as the source of the gun?

Not adopted, just divorced parents. My dad is biologically my dad.

I had missed it was currently in possession of your dad.

No reason to do anything.

Unless one wants to transfer it ...

Any way to do it through the mail? I'm not in the same city as her and it'd be a pain to fly down.

Let's say your dad has it, and ignore how he got it.

So my father is is possession of a 1945, government issue Colt 1911A1.

That's what you first said; lets go with it.

(That is supposed to really mean 'I can hold it whenever I get it out of my safe' kind of 'possession', rather than 'I have the mineral rights to this property in Alaska' kind of possession.)

The reason to proceed along that line is mostly that once a proper transfer is done, CA has its 'pound of flesh', and there's no good historical record to refute. Folks make mistakes all the time; while there is no 'mulligan' one can take on messing up the formalities of transfer, so far it isn't a high priority to chase down. (Note: that could change generally or for individuals - no guarantees!)

So, with that, you take physical possession and you file the OPLAW.

Without objection from the rest of the family, it's yours. CA knows you have it.

This process has the significant defect that it seems reasonable and logical and is trying to function under CA gun laws.

And to repeat an answer already given, CA doesn't care about prior documentation; an unregistered gun is a common occurrence, because 'registered' is not a mandatory condition for ownership and possession.

Not yet.

[ap3572001]

I had missed it was currently in possession of your dad.


Unless one wants to transfer it ...

Let's say your dad has it, and ignore how he got it. That's what you first said; lets go with it.

(That is supposed to really mean 'I can hold it whenever I get it out of my safe' kind of 'possession', rather than 'I have the mineral rights to this property in Alaska' kind of possession.)

The reason to proceed along that line is mostly that once a proper transfer is done, CA has its 'pound of flesh', and there's no good historical record to refute. Folks make mistakes all the time; while there is no 'mulligan' one can take on messing up the formalities of transfer, so far it isn't a high priority to chase down. (Note: that could change generally or for individuals - no guarantees!)

So, with that, you take physical possession and you file the OPLAW.

Without objection from the rest of the family, it's yours. CA knows you have it.

This process has the significant defect that it seems reasonable and logical and is trying to function under CA gun laws.

And to repeat an answer already given, CA doesn't care about prior documentation; an unregistered gun is a common occurrence, because 'registered' is not a mandatory condition for ownership and possession.

Not yet.

+1.

[seabee1]

Enjoy your new 1911 and ssshhhhh!

^^^^^^^^^
This