Interesting Customer Scenario/Debacle

[NDFMF]

Hi guys,

A customer came to me today with a question that I didn't know how to answer. I don't know any of his personal information, but I wanted to be able to give him accurate advice, so I told him to check back with me later. I was hoping maybe some of you guys who have run into this before might be able to shed some light on the subject for me.

Here's his story. He borrowed a handgun from his buddy (also a CA resident), but they didn't transfer the firearm at an FFL. His buddy told him to just hang onto it for awhile. He is aware now that this was a mistake.

Some time later, the buddy moved out of state, where he is now living permanently. The buddy told him to just keep the handgun, so he filled out a voluntary registration form and sent it in to the DOJ. Since then, he has done some reading and he realized that this was not a legal transaction since they didn't use an FFL to facilitate the transfer.

The handgun was purchased legally by the buddy who now lives out of state while he was a CA resident, so it is technically registered to him. My customer would like to fix this and is now wondering what the steps would be to correct it given that he may have opened a can of worms by submitting the voluntary registration form.

Have any of you ever run into this, and do you have any advice on how to proceed as far as getting the gun registered to the customer legally? I'd really appreciate any input.

Thanks,

Ehren

[kemasa]

Submitting the voluntary registration form gets the firearm "registered" to him and there is nothing more that needs to be done. While it was not done the way that it should, the DOJ seems more concerned that it is done vs. how it is done.

Did he get anything back from the DOJ? I assume that the check was cashed at least.

[NDFMF]

He didn't say whether or not he got anything back. I guess as long as the check was cashed and there aren't any black helicopters above his house, he should be alright. Thanks for your input.

[tenpercentfirearms]

Submitting the voluntary registration form gets the firearm "registered" to him and there is nothing more that needs to be done. While it was not done the way that it should, the DOJ seems more concerned that it is done vs. how it is done.

Did he get anything back from the DOJ? I assume that the check was cashed at least.

That is exactly right. They mainly care that they are properly registered and are not going after people who failed to properly complete PPTs.

[zinfull]

After he has sent in the forum the DOJ can not prosecute him on a bad gun buy if the form was the reason they found out about the transaction. He should be good.

jerry

[Mssr. Eleganté]

After he has sent in the forum the DOJ can not prosecute him on a bad gun buy if the form was the reason they found out about the transaction.

Yes they can.

The exemption from prosecution that you are describing applies to people who send in the New Resident Handgun Report form late. It does not apply to people who send in the Voluntary Registration form.

If I was going to send in the Voluntary Registration form to report an accidental illegal transfer I would wait until the statute of limitations had expired on the crime (either 1 year or 3 years, depending on the type of transfer).

[tenpercentfirearms]

If I was going to send in the Voluntary Registration form to report an accidental illegal transfer I would wait until the statute of limitations had expired on the crime (either 1 year or 3 years, depending on the type of transfer).

That is your choice. I would simply send it in knowing that there have been exactly zero prosecutions for using the voluntary reg form.

[mej16489]

That is your choice. I would simply send it in knowing that there have been exactly zero prosecutions for using the voluntary reg form.

I seem to remember that its actually in the code somewhere to the effect of, 'if the DoJ finds out about an illegal transaction because of volreg then you are immune/exempt from prosecution' I suppose that only applies to State crimes though...

[Maltese Falcon]

Wait a while, then ask for this to see if it shows up under his name, doesn't cost anything other than the notary cost + stamp.

If it does, done deal. If not, better check in to it.

Can I get a list of the firearms for which I am listed as the purchaser, transferee, or owner?
Yes. To obtain a list of firearms listed in your name, complete and submit an Automated Firearms System Records Request [PDF 21 kb / 1 pg] form to the Automated Firearms Unit, P.O. Box 820200, Sacramento, CA 94203-0200. The letter must be signed, notarized, and include a photocopy of your photo ID card (ie., driver's license or DMV ID).

.

[Mssr. Eleganté]

I seem to remember that its actually in the code somewhere to the effect of, 'if the DoJ finds out about an illegal transaction because of volreg then you are immune/exempt from prosecution' I suppose that only applies to State crimes though...

There is no such immunity/exemption for the volreg form. As I mentioned above, that exemption you are thinking of applies to the New Resident handgun report form. It also applies to the C&R handgun report form. It does not apply to the volreg form.

The Penal Code in question is 12072(f)(4)(B).

[mej16489]

There is no such immunity/exemption for the volreg form. As I mentioned above, that exemption you are thinking of applies to the New Resident handgun report form. It also applies to the C&R handgun report form. It does not apply to the volreg form.

The Penal Code in question is 12072(f)(4)(B).

Thanks for the clarification!