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Calif Handgun Ownership/penalty

MBKMBK Member Posts: 2,918 ✭✭✭
I have a shirtail relative who may get a handgun gift in CA.
The law is quite clear that even though he gets a family pistol from his Dad, he must get a registration/license done in 30 days.

I am trying to impress on him how important this is. ( he isn't mine, I have no sons ). But no matter how much I google, I don't see what the penalty is if he doesn't get it done, and then he is caught in posession. He is a legal transferee.

Comments

  • stevea2003stevea2003 Member Posts: 13 ✭✭
    edited November -1
    If the gun is from California and is currently registered then the penalty is a misdemeanor.
    If the gun is from outside California then it must be on the approved pistol list and not have a magazine holding more than 10 rounds. If not then it is a felony.
    This is my understanding and may or may not be correct. Talk to your local gun dealer and they can clear it up.
    Too many stupid rules.
  • Quiet WyattQuiet Wyatt Member Posts: 2 ✭✭
    edited November -1
    MKB and stevea2003,

    If the gun is from outside CA and is a linear intrafamily transfer, it does NOT need to be on the Roster.

    It still requires a CA FFL Dealer to ship to (to satisfy the BATFE), but it is exempt from the Roster rules because it's still a linear intrafamily transfer. On the DROS screen an exempt notation is added: "12078PC intrafamily transfer".

    A linear intrafamily transfer is:
    12078(c)(3) As used in this subdivision, "immediate family member" means
    any one of the following relationships:
    (A) Parent and child.
    (B) Grandparent and grandchild.

    This means no brother, sister, uncle, aunt, nephew or niece transfers. It's not "linear".

    Here's the link to the CalGun.NET discussion:
    http://www.calguns.net/calgunforum/showthread.php?t=137527

    Hope this helps...!
    Quiet wyatt
  • Deadred707Deadred707 Member Posts: 168 ✭✭✭
    edited November -1
    Also stevea2003 you can send tha hi-cap mags in as part. Body, spring, follower and floor plate can all be shiped to CA as long as its not a working mag.
  • MBKMBK Member Posts: 2,918 ✭✭✭
    edited November -1
    But it still Must be Registered in 30 days. What is the penalty for failure?
  • afartinthewindafartinthewind Member Posts: 100 ✭✭
    edited November -1
    quote:Originally posted by MBK
    What is the penalty for failure?


    Public rape in the castro district of san francisco.

    this whole thread is [xx(]
  • stevea2003stevea2003 Member Posts: 13 ✭✭
    edited November -1
    Sorry missed the part about it was from his Dad.

    We have such screwed up laws in California. The gang bangers make sure to have all of their handguns run through the DROS process. Yeah right.

    Thanks for the mag info red.

    "Shall not be infringed"
  • MBKMBK Member Posts: 2,918 ✭✭✭
    edited November -1
    Fart

    If you don't like the topic, don't post.

    My total interest is in what is the Law Penalty. I worry this kid will not do the paperwork, so I want to tell him: " Hey it is a $300 fine, or Hey, You lose your gun rights."

    These are antigovt-regs types...and I want them to know the consequences. But I just don't see it in the Gal-Gun-Law pages.
  • afartinthewindafartinthewind Member Posts: 100 ✭✭
    edited November -1
    You don't have any "gun rights", obviously. Enjoy your privileges, while they last.
  • ringchildringchild Member Posts: 31 ✭✭
    edited November -1
    not registering a handgun within 60 days of moving to california is a misdemeanor witth a 1 year and 60 day statute of limitations.

    Originally Posted by PC12072(f)
    (2) (A) On or after January 1, 1998, within 60 days of bringing a
    pistol, revolver, or other firearm capable of being concealed upon
    the person into this state, a personal handgun importer shall do one
    of the following:

    [either register or sell the firearm]

    (4) (A) It is the intent of the Legislature that a violation of
    paragraph (2) or (3) shall not constitute a "continuing offense" and
    the statute of limitations for commencing a prosecution for a
    violation of paragraph (2) or (3) commences on the date that the
    applicable grace period specified in paragraph (2) or (3) expires.

    i imagine the "crime" of not registering a handgun given to you by a parent is probably pretty close to the same thing.

    it's not illegal to possess an unregistered handgun in california.
    an unregistered handgun is a special enhancement if it is used in a crime (ccw without permit is a misdemeanor, unless it's unreg'd. then it becomes a felony)

    imho, it is voluntary compliance that has given power to the gov, not the constitution.
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