Legal gun ownership

DARISC · 07-07-2009, 07:19 AM

My SO has a rifle, semiautomatic and revolver (none "assault" type weapons) packed away, from her past marriage, no reciepts (they were legitimately obtained), bought (not in CA) over a period of 10+ years when she and her ex were indy network engineer moving from state to state working on contracts.

She maintained a residence in CA during that time and lives here now. She's concerned that she's in illegal possession of the guns under CA gun laws (they've never been registered in CA) and wants to know if and how she can "get legal". I told her I knew who to ask.

campbellcj · 07-07-2009, 07:24 AM

I do not believe there is any requirement in California to 'register' firearms purchased out-of-state legitimately, unless they fall into the restricted classes (LEO, full-auto, etc.) in which case you have little hope of keeping them, legally.

Check here: http://ag.ca.gov/firearms/

red-beard · red-beard's Garage

Chris, you are not correct. They need to be registered within 60 days of moving to California.

I do not know how to answer the part about getting them legal.

DARISC · 08:08 AM

Quote:

Originally Posted by red-beard

Chris, you are not correct. They need to be registered within 60 days of moving to California.

Yeah, she'd found that out. I told her I'd ask you guys or stop by a gun shop and ask about getting legal.

But...her legal residence was always in CA; they brought the guns home from out of state on 3 different occasions, they didn't move here. Prolly makes no diff, huh?

Jim Bremner · 07-07-2009, 08:01 AM

Only the pistols. As for making them legit I would ask a few gun stores and see what they say.

red-beard · red-beard's Garage

Well, the easiest way to make them legal is to move out of state...

RPKESQ · 07-07-2009, 09:27 AM

I would not worry about "making them legal". It will not make your life easier, safer or increase the value of the firearms in question. There is no upside. Tell her to ignore this issue or if she is unwilling to, then sell them out of state. Either way the problem is solved.

Tobra · Tobra's Garage

Frenchy, with sound advice.

Closed mouth gathers no feet. I see a trip to Nevada in your future

DARISC · 07-07-2009, 09:08 PM

Quote:

Originally Posted by Tobra

Frenchy, with sound advice.

Closed mouth gathers no feet. I see a trip to Nevada in your future

She'd really prefer not to get rid of them - and I'd like to fire them. Dunno if I'll be able to convince her not to worry. She has an anti-scofflaw attitude towards some things - worries about fines and worse. Gonna stop by a nearby gun shop tomorrow and see what they tell me.

aigel · aigel's Garage

By now you already have the correct answer: only handguns have to be registered when moving to CA.

If you are late, just send in the form and the fee. While I have not tried this myself, I highly doubt there will be any consequences. It would discourage people from registering.

Here a good thread on calguns:
http://www.calguns.net/calgunforum/showthread.php?p=2697239

Hope this helps,

George

DARISC · 07-07-2009, 10:09 PM

Quote:

Originally Posted by aigel

By now you already have the correct answer: only handguns have to be registered when moving to CA.....Hope this helps, George

Thanks! Does the fact that she has no receipts for the purchase of the handguns matter?

aigel · aigel's Garage

No receipts required. A lot of states still allow private party sales (without FFL involvment). These are cash sales with no receipt and people move from these states all the time, so the Dept. of Justice can't expect receipts. I do not think the form asks for a receipt? Have you looked at the form?

If I were her, I would just fill out a registration form and send it in. If it asked when she moved, fill in the true date. I am confident there will be no problems. (Just don't ask me to post bail.

)

George

Porsche-O-Phile · Porsche-O-Phile's Garage

Delete this thread immediately and keep them. Do not ever discuss openly or take to a public range.

onewhippedpuppy · 07-08-2009, 04:40 AM

Quote:

Originally Posted by Porsche-O-Phile

Delete this thread immediately and keep them. Do not ever discuss openly or take to a public range.

Why not? It's not like they check gun registrations when you show up at the range. Or does the good people's republic of CA do that too?

Porsche-O-Phile · Porsche-O-Phile's Garage

How do you know the guy at the range next to you isn't a LEO on his day off?

DARISC · 07-08-2009, 06:24 AM

So, what if she says the guns were bought in CA (NOT brought in from out of state) by her ex (receipts long since gone missing), have been packed away in her house for years prior to her divorce, are now hers and she wants to possess them legally?

RPKESQ · 07-08-2009, 08:12 AM

Think about this.

You have no evidence other than hearsay that these are legally bought items. Who knows what the ex could of been involved in, even without his direct knowledge. He could have obtained these items by some type of trade, gift or purchase from a private individual.

You could have them seized due to being reported stolen many years ago, held for "evidence" where the would get "lost", or if circumstance line up just right, suspected of a crime yourself (or her), which might incur high legal fees to defend against.

There is no upside to declaring these items.

304065 · 08:51 AM

Quote:

Originally Posted by RPKESQ

Think about this.

You have no evidence other than hearsay that these are legally bought items. Who knows what the ex could of been involved in, even without his direct knowledge. He could have obtained these items by some type of trade, gift or purchase from a private individual.

You could have them seized due to being reported stolen many years ago, held for "evidence" where the would get "lost", or if circumstance line up just right, suspected of a crime yourself (or her), which might incur high legal fees to defend against.

There is no upside to declaring these items.

That is irresponsible advice in my opinion. The SO should comply with California law and have the guns registered. It's probably a felony in CA, it certainly is in NYC. She should follow the normal procedure for registering the handguns pursuant to the New Resident Handgun Ownership Report, it's a $19.00 fee per gun. That's a pretty small regulatory burden vs. the consequences of failure to register.

If the firearms were stolen they SHOULD be seized, if they are evidence in a crime they should be used to further the investigation of that crime, and if there is some connection to an investigation in process, the facts should come out.

And don't start with the 2nd Amendment, I am a staunch civil liberterian, but also believe that reasonable registration requirements are critical to the exercise of the right.

onewhippedpuppy · 07-08-2009, 08:51 AM

Quote:

Originally Posted by Porsche-O-Phile

How do you know the guy at the range next to you isn't a LEO on his day off?

And he will check what? Call in the gun SNs? I don't know about CA, but I certainly don't have any sort of "official" registration card.

Rick Lee · Rick Lee's Garage

Quote:

Originally Posted by john_cramer

I am a staunch civil liberterian, but also believe that reasonable registration requirements are critical to the exercise of the right.

You realize, of course, the contradiction in this statement. There's nothing reasonable at all about registration of something you have a Constitutional right to own. If you really were a libertarian, you would understand the state has no need to know about your guns.