Transferring a non-registered handgun?

[Garrus]

Hello officers,

So here's the deal. Around 20 years ago my dad inherited an old S&W Hand Ejector from his uncle. He brought it over from Michigan to here in CA without registering it. I don't think that my great Uncle registered it in Michigan where he bought it. So my question is, is it legally possible to transfer this gun from my dad to me? Since it's not registered, would I even have to go through that step at all? I am just going to be turning 21 pretty soon, so there would be no logical reason why I should have a non-registered handgun. But the gun is 100+ years old.

Thanks!

[BigDogatPlay]

You might try asking this in the FFL or general forum and get a more detailed answer, however, the long and the short of it is that (assuming for the argument the gun came into California before handgun sale registration became compulsory) it should be no big whoop.

You'll need a Handgun Safety Certificate (HSC) to have it transferred to you, which you can get through most any FFL. It would become registered to you when the DROS goes through for the transfer. Even though it's presumably a curio or relic (C&R) California most likely still considers it a firearm subject to all transfer rules.

[Garrus]

You might try asking this in the FFL or general forum and get a more detailed answer, however, the long and the short of it is that (assuming for the argument the gun came into California before handgun sale registration became compulsory) it should be no big whoop.

You'll need a Handgun Safety Certificate (HSC) to have it transferred to you, which you can get through most any FFL. It would become registered to you when the DROS goes through for the transfer. Even though it's presumably a curio or relic (C&R) California most likely still considers it a firearm subject to all transfer rules.

Thanks for the response! Just curious, do you remember when the handgun sale registration became compulsory?

[ke6guj]

since both you and your father are CA-residents, all you need to do is fill out the intrafamily transfer form, http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf , and state that you are getting it from your father. You need to have an HSC as well. You only have to 18 to do the intrafamily transfer and get the HSC, not 21.

JUst fill out the form and send it in with $19 and you are set. Past history of the gun regarding registration status does not matter unless it were have been reported stolen in the past.

[Tallship]

If the gun is 112 years old or older, you don't have to do anything, it's an antique.

[ke6guj]

I think the S&W hand ejector first came out 1899, which means it isn't an antique, which is why I didn't mention that exemption.

but further research does show that there was a S&W hand ejector made in 1896, so the OP's handgun may be an antique. He would need to determine the exact year of production for that specific handgun to determine if it was an antique.

[Garrus]

since both you and your father are CA-residents, all you need to do is fill out the intrafamily transfer form, http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf , and state that you are getting it from your father. You need to have an HSC as well. You only have to 18 to do the intrafamily transfer and get the HSC, not 21.

JUst fill out the form and send it in with $19 and you are set. Past history of the gun regarding registration status does not matter unless it were have been reported stolen in the past.

Thanks!

So it doesn't matter that it's not registered, as long as it wasn't reported stolen? That would make sense.

All I need to know is when handgun registering became compulsory in California to see if my dad acquired it legally or not.

EDIT: No, it is not an antique unfortunately.

[ke6guj]

Thanks!

So it doesn't matter that it's not registered, as long as it wasn't reported stolen? That would make sense.

correct.

All I need to know is when handgun registering became compulsory in California to see if my dad acquired it legally or not.

doesn't matter. CADOJ would rather the handgun be transfered legally to the new owner, than to forever consider that handgun contraband. They know that many people own handguns from before they needed to be registered, or was transfered illegally in the past on purpose or by accident, or was imported when a person moved into CA and wasn't aware of the registration requirements, etc. Rather than to keep all those guns unregistered forever and traded on the "black market", they don't complain when a formerly unregistered handgun gets "back into the system".

[Garrus]

correct.

doesn't matter. CADOJ would rather the handgun be transfered legally to the new owner, than to forever consider that handgun contraband. They know that many people own handguns from before they needed to be registered, or was transfered illegally in the past on purpose or by accident, or was imported when a person moved into CA and wasn't aware of the registration requirements, etc. Rather than to keep all those guns unregistered forever and traded on the "black market", they don't complain when a formerly unregistered handgun gets "back into the system".

Alright, cool! Thanks a bunch! Hopefully it'll all work out, since it's a really nice gun and all it does now is sit in the safe back home and collect dust.