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  • Retriever Believer
    Member
    • Mar 2009
    • 107

    Selling gun not registered

    Someone I know (person A) bought a pistol a couple of years ago from the original purchaser (person B) of the gun. The gun was not "drosed" through an FFL. Now person A wants to sell the pistol legally to a third person. Will he have any problem since the gun was never registered in his ( person A's) name? Will there be any fall-back on the original purchaser ( person B) since he sold it without going through an FFL?

    I apologize if this question has been asked and answered before.

    Thank you.
    Last edited by Retriever Believer; 01-26-2012, 5:41 PM.
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Originally posted by Retriever Believer
    Someone I know (person A) bought a pistol a couple of years ago from the original purchaser (person B) of the gun. The gun was not "drosed" through an FFL. Now person A wants to sell the pistol legally to a third person. Will he have any problem since the gun was never registered in his ( person A's) name?
    no.
    Will there be any fall-back on the original purchaser ( person B) since he sold it without going through an FFL?
    .
    no.

    for the most part CADOJ knows that unpapered transfers happen and they can't really stop them. They just want the new transfer to be done legally through an FFL.

    If they gave person A a hard time when he tried to legally PPT to buyer C, then Person A would then just do another paperless transfer and it would forever a unpapered gun. they don't want that.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      Jeepers
      Veteran Member
      • Sep 2009
      • 3415

      anyone know what the S.O.L. is on a "paperless" transfer ?
      Originally posted by Ronald Reagan
      Before I refuse to take your questions, I have an opening statement.

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44652

        Originally posted by Jeepers
        anyone know what the S.O.L. is on a "paperless" transfer ?
        It's a misdemeanor - 3 years, IIRC. But worrying about a statute of limitations requires a crime first, and we strongly discourage folks from committing crimes in the first place.
        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!

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        • #5
          Jeepers
          Veteran Member
          • Sep 2009
          • 3415

          Originally posted by Librarian
          It's a misdemeanor - 3 years, IIRC. But worrying about a statute of limitations requires a crime first, and we strongly discourage folks from committing crimes in the first place.
          not worried myself but the OP said it was done "couple of years ago"
          Originally posted by Ronald Reagan
          Before I refuse to take your questions, I have an opening statement.

          Comment

          • #6
            Mssr. Eleganté
            Blue Blaze Irregular
            CGN Contributor - Lifetime
            • Oct 2005
            • 10401

            Originally posted by Jeepers
            anyone know what the S.O.L. is on a "paperless" transfer ?
            Some illegal paperless transfers are misdemeanors with a one year SOL. Some illegal paperless transfers are felonies with a three year SOL. Figuring out if an illegal paperless transfer is a felony or a misdemeanor is so complicated that I gave up trying to figure it out.
            __________________

            "Knowledge is power... For REAL!" - Jack Austin

            Comment

            • #7
              Eagerquest
              Junior Member
              • Jan 2016
              • 59

              I noticed that the original thread question/answer was posted in 2012. Is this still valid information for 2017? Thanks.
              sigpic

              Comment

              • #8
                ArmsUnlimited
                Senior Member
                • Sep 2012
                • 1290

                It is still valid information.

                So long as the gun is not reported stolen there will be no issues on a PPT
                sales@armsunlimited.com
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                • #9
                  rauldelga
                  Member
                  • Feb 2017
                  • 155

                  Does this apply to off roster hand guns as well? Example, friend moved into the state and illegally imported his handguns (didn't know the laws..just brought them over a few years ago). Should he decide to sell through an FFL PPT, i'd imagine he would get in trouble for bringing the firearms into California?

                  Comment

                  • #10
                    Librarian
                    Admin and Poltergeist
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 44652

                    Originally posted by rauldelga
                    Does this apply to off roster hand guns as well? Example, friend moved into the state and illegally imported his handguns (didn't know the laws..just brought them over a few years ago). Should he decide to sell through an FFL PPT, i'd imagine he would get in trouble for bringing the firearms into California?
                    No, probably not.

                    Should register them when you get here, but see the wiki article on registration - http://wiki.calgunsfoundation.org/in...s_Registration

                    After about a hundred years of required registration - roughly 2091 for handguns, 2114 for long guns - it might be reasonable to expect guns to be registered.

                    He actually can register them 'late' without penalty.
                    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

                    • #11
                      TJW
                      Member
                      • Feb 2011
                      • 265

                      Originally posted by rauldelga
                      Does this apply to off roster hand guns as well? Example, friend moved into the state and illegally imported his handguns (didn't know the laws..just brought them over a few years ago). Should he decide to sell through an FFL PPT, i'd imagine he would get in trouble for bringing the firearms into California?


                      Nope

                      Comment

                      • #12
                        TJW
                        Member
                        • Feb 2011
                        • 265

                        Originally posted by ArmsUnlimited
                        It is still valid information.

                        So long as the gun is not reported stolen there will be no issues on a PPT
                        Yup

                        Comment

                        • #13
                          Cokebottle
                          Seņor Member
                          CGN Contributor - Lifetime
                          • Oct 2009
                          • 32373

                          Originally posted by ArmsUnlimited
                          It is still valid information.

                          So long as the gun is not reported stolen there will be no issues on a PPT
                          This is the only concern.

                          If Party "B" finds out that "A" sold the gun and wanted first crack at it, since the transfer was not documented, he COULD potentially report it stolen, then Party "A" and the new owner have a problem.

                          While I certainly prefer and support free-state FTF transfers, the DROS does afford some protection that you don't normally have with a private property sale.
                          - Rich

                          Originally posted by dantodd
                          A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

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                          • #14
                            CSACANNONEER
                            CGN/CGSSA Contributor - Lifetime
                            CGN Contributor - Lifetime
                            • Dec 2006
                            • 44093

                            Originally posted by Jeepers
                            not worried myself but the OP said it was done "couple of years ago"
                            Well, just 3 1/2 years ago, paperless transfers of C&R long guns were perfectly legal in CA. So, maybe "a couple" was 3-5 years ago?????
                            NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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                            Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

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                            • #15
                              ArmsUnlimited
                              Senior Member
                              • Sep 2012
                              • 1290

                              There is NO legal requirement to register guns when you move into CA, keyword is "voluntary" registration. (do not bring assault weapons into CA)
                              Last edited by ArmsUnlimited; 04-09-2017, 1:41 AM.
                              sales@armsunlimited.com
                              Subscribe to our email list for the latest deals/updates
                              www.ArmsUnlimited.com

                              Warehouse open to LE/MIL Only
                              3515 W Post Rd, Ste 125
                              Las Vegas, NV 89118

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