Make an illegal purchase legal?

[Cheese & Bacon]

I was talking to a friend the other day, and she told me she purchased a handgun from a coworker a long time ago (15 years or so.) When she bought it she just gave him cash and she got the gun. I told her she had illegally purchased the gun and could get in serious trouble if caught with it. The guy she bought it from died several years ago and now we are trying to find a way to get it legally registered to her. Does anyone know if there is a way she can legally do this? Thanks

[Which Way Out]

Good question.

[ripro75]

Can't undo what was done but, this form is the best/only option. Been alot of threads on here about this.

http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

[rromeo]

If she does a voluntary registration and pays $19, there's a 99.9% chance that everything would be okay. There is no need to discuss anything about how the gun was purchased.

[Rudolf the Red]

If she does a voluntary registration and pays $19, there's a 99.9% chance that everything would be okay. There is no need to discuss anything about how the gun was purchased.

^

This is what I would recommend.

[TRICKSTER]

If "a long time ago" was prior to 1991, she made a perfectly legal purchase.
Just send in the voluntary registration.

[bjl333]

If "a long time ago" was prior to 1991, she made a perfectly legal purchase.
Just send in the voluntary registration.

^ Thats what I was thinking !!! ^

[darkest2000]

Unless it's an AW or MG, just move along, nothing worth discussing here.

[Mssr. Eleganté]

The maximum statute of limitations for an illegal handgun transfer is 3 years. Once three years have passed there is absolutely zero chance she can be charged for the illegal transfer. She is currently the legal owner of that handgun.

There is also no requirement in California that your legally owned handguns be registered to you. It's just that all legal methods of acquiring handguns now include a registration process, but since she used an illegal method of acquisition there was never a requirement that she register the handgun. I know this sounds funny, but that's the way it works.

It's like this...

If they catch you illegally transferring a handgun and not registering it, they can only charge you with the illegal transfer. There is no crime in not registering it. Your friend owns an unregistered handgun (no crime) that she acquired through an illegal transfer (statute of limitations has expired on that crime).

The one way you can get into trouble with an unregistered handgun in California is by getting caught carrying it in an illegal manner. Illegal carrying can be charged as a felony instead of a misdemeanor if the handgun you get caught with isn't registered to you. So it is a good idea to send in the voluntary registration form to protect herself if she ever gets caught accidently carrying the handgun in an illegal way. Also, many cops don't know that handguns don't have to be registered to you in California. If the police ever confiscate your legally owned handgun it is much easier to get it back if it is registered to you.

[Sopholis]

When you send in a voluntary registration for a revolver what do you get back from the DOJ, is it like a DROS? If you send in for 2-3 guns do you get separate ownership papers on each gun registered, or is it all on one form?

[cruising7388]

The maximum statute of limitations for an illegal handgun transfer is 3 years. Once three years have passed there is absolutely zero chance she can be charged for the illegal transfer. QUOTE]

OK, there certainly is a three year limitation for a prosecution. But if there is a prosecution, who has the burden of proof? Does the prosecution have to prove that the alleged offense was committed less than three years ago or does the person charged have the burden of proving that the offense charged occurred more than three years ago?

[jtmkinsd]

OK, there certainly is a three year limitation for a prosecution. But if there is a prosecution, who has the burden of proof? Does the prosecution have to prove that the alleged offense was committed less than three years ago or does the person charged have the burden of proving that the offense charged occurred more than three years ago?

Burden is on the prosecution.

[DSA_FAL]

When you send in a voluntary registration for a revolver what do you get back from the DOJ, is it like a DROS? If you send in for 2-3 guns do you get separate ownership papers on each gun registered, or is it all on one form?

I don't know for voluntary registration but when I registered my C&R hand guns that I brought into this state, they sent me a letter with the make, model and serial number on it and saying that it was now registered in my name.