Results 1 to 16 of 16

Thread: unregistered ok?

  1. #1
    Regular Member greengum's Avatar
    Join Date
    Aug 2009
    Location
    Henderson, Nevada, USA
    Posts
    330

    Post imported post

    I wanted to get a little clarification on a couple things. First let me throw some background story in. My father bought a colt .38 special from a friend of his about (edit) a lot of years ago. He assumed it wasn't stolen but at the time didn't really care because it was only used at his shop he owned in L.A. for self defense. The only time it has ever been fired is when I took it out to an outside range about 4 years ago. I clean it about twice a year and to this day it sits atop one of our tool boxes in case it is needed. I only pulled it one time in fear. A pit bull/shepard walked right into our shop one day. I pulled the gun, had it pointed at the dog as I walked backwards into our office!

    Back to my topic. I want to UOC with it but I didn't want it to come back stolen if it was ran during a 12031 check. My father gave it to me and as far as I understand I don't need to register it nor do I need to pass some "test" because it was a gift from my immediate family. So I ventured to the Orange police department with the serial number written down along with make and model. I asked the noob behind the desk if he could run it and see if it was indeed stolen or anything else. He did and he informed me that it has no record whatsoever. It has never been registered. He also cautioned me that if I do plan to UOC with it and if it got ran I could have it impounded or taken to jail because it is an unregistered gun. I asked for the PC number on his claim and he quickly backed down and admitted he really didn't know.

    I believe I have all my ducks in a row now, so tomorrow it is off to the range and to buy a couple speed loaders and a holster. Looks like I will be popping my Kalifornia OC cherry this weekend with my lil sister in tow recording, just in case. :celebrate


    I would appreciate any input you guys have on the subject. Thanks

  2. #2
    Regular Member
    Join Date
    Sep 2009
    Location
    Harrah, Oklahoma
    Posts
    769

    Post imported post

    I'm not sure but I am looking into it. I believe all handguns have to be registered in CA.

    I just registered mine that I brought in from WA. The form was only 1/3 of a page and the fee was $19 I believe. It took about 30 days to receive a reply that it was now registered.
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  3. #3
    Regular Member
    Join Date
    Jan 2009
    Posts
    642

    Post imported post

    dont quote me here, I'm pretty sure it depends on when the gun was transfered, your father obtained the gun when there was no hand gun registar. If you obtained the handgun from your father when there was still no registar then you are OK, but it sounds like you obtained it somewhat recently and will have to register it. Not all handguns have to be reigstered, but if you are 25 years old, theres no way you could have owned a handgun when the registar was not in place. It sounds like you need to goto your local gun shop, take the HSC test, then do a intrafamily handgun transfer for $19, then UOC. If you UOC before you get the confirmation back, then keep a copy of your transfer application with you while you carry. Personally, I would do the transfer with the DOJ, wait for confirmation, then carry.
    When injustice becomes law, resistance becomes duty.

  4. #4
    Regular Member
    Join Date
    Sep 2009
    Location
    Harrah, Oklahoma
    Posts
    769

    Post imported post

    I thought you only needed the HSC to purchase a handgun?

    Hypothetical if a service member bought a pistol out of state and then moved to CA after their discharge would they have to attend a HSC as well as the registration? Is the HSC still waived due to prior service? It was waived while active duty.
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  5. #5
    Regular Member greengum's Avatar
    Join Date
    Aug 2009
    Location
    Henderson, Nevada, USA
    Posts
    330

    Post imported post

    The gun was giving to me a long time ago. According to the DOJ I do not require a HGS cert if I got the gun before Jan '03 http://ag.ca.gov/firearms/hscfaqs.php #16

    Do I need a Handgun Safety Certificate (HSC) for my handgun I purchased before January 1, 2003? No. Mere possession/ownership of a personally-owned handgun does not require a Handgun Safety Certificate (HSC).

  6. #6
    Regular Member greengum's Avatar
    Join Date
    Aug 2009
    Location
    Henderson, Nevada, USA
    Posts
    330

    Post imported post

    dirtykoala wrote:
    dont quote me here, I'm pretty sure it depends on when the gun was transfered, your father obtained the gun when there was no hand gun registar. If you obtained the handgun from your father when there was still no registar then you are OK, but it sounds like you obtained it somewhat recently and will have to register it. Not all handguns have to be reigstered, but if you are 25 years old, theres no way you could have owned a handgun when the registar was not in place. It sounds like you need to goto your local gun shop, take the HSC test, then do a intrafamily handgun transfer for $19, then UOC. If you UOC before you get the confirmation back, then keep a copy of your transfer application with you while you carry. Personally, I would do the transfer with the DOJ, wait for confirmation, then carry.
    I QUOTED YOU ANYWAYS!! I am xx years old and nobody can prove when the gun was givin to me. I turned 18 in 19xx, I guess that would be the earliest that could be proved. Although it may have been givin to me before that. I remember calling up the Anaheim police department when I got the firearms from my father years ago, and they informed me back then that because it was from my father there was no need to register anything. This included an M1 carbine and a springfield 30-06.

    I have no doubt that I could pass all the classes and background checks and so forth but my issue is with the need to ask permission from the state to exercise my Rights. And I would have to pay them to do it too!!

    Bottom line is I contend that because it is unregistered the D.A. can't prove when I got it unless I say when I did. The easiest thing I could do is go buy a new gun from a dealer, do all the dancing around and pay all my fee's.

    edit added x's

  7. #7
    Regular Member wewd's Avatar
    Join Date
    May 2009
    Location
    Oregon
    Posts
    664

    Post imported post

    From the CA DOJ website:

    Can I give a firearm to my adult child? Can he/she give it back to me later?

    Yes, as long as the adult child receiving the firearm is not in a prohibited category and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit an Report of Operation of Law or Intra-Familial Handgun Transaction and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b). (PC section 12078(c))


    How do I know if my firearms need to be registered?

    There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers. However, you may submit a Firearm Ownership Record to the DOJ for any firearm you own. Having a Firearm Ownership Record on file with the DOJ may help in the return of your firearm if it is lost or stolen. With very few and specific exceptions, all firearm transactions must be conducted through a firearms dealer.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

    "Live Free or Die"

  8. #8
    Regular Member greengum's Avatar
    Join Date
    Aug 2009
    Location
    Henderson, Nevada, USA
    Posts
    330

    Post imported post

    I read that also. But when did these laws go into effect? Granted if I received the revolver today I would agree that I would have to follow the random dance through the different agencies.


    Two quick points.
    1. The gun has never been registered by anyone and has no record.
    2. The gun was passed to me sometime in the 1900's. (edit)

    That being said, if I were to get stopped and a 12031 was done, and the LEO's also ran the number then charged me with a crime, isn't the burdon of proof on them?

    Edit #1 For example my grandfather owns a m1911 he got in 1950. It was never registered nor any record of any transactions. Is he breaking any laws if he were to UOC today?


    After reading a ton of PC's I am even more confused then I was. The DOJ states that I do not have to register a hand gun, then they state I have to..... uhg


    Edit, Maybe I just have the wrong mindset about this. I should just go and do what is a Right, and stop trying to fukking comply to every damn random PC that probably didn't exist when any of this went down. I should stop being fearful and exercise my Rights and when asked if I do get stopped about the details, I reply with a blank look and ask if I am free to go.

  9. #9
    Regular Member Legend_AB's Avatar
    Join Date
    Jan 2009
    Location
    Redlands, California, USA
    Posts
    67

    Post imported post

    greengum
    Edit, Maybe I just have the wrong mindset about this. I should just go and do what is a Right, and stop trying to fukking comply to every damn random PC that probably didn't exist when any of this went down. I should stop being fearful and exercise my Rights and when asked if I do get stopped about the details, I reply with a blank look and ask if I am free to go.
    +1

  10. #10
    Founder's Club Member MudCamper's Avatar
    Join Date
    Sep 2007
    Location
    Sebastopol, California, USA
    Posts
    710

    Post imported post

    If you acquired the handgun prior to 1991, there is no paperwork or registration required. It's just that simple.

    Further, there is no requirement that you register it to UOC with it. That's nonsense.

    Some useful reading:

    http://wiki.calgunsfoundation.org/in...s_registration

    http://wiki.calgunsfoundation.org/in...Family_Members

  11. #11
    Regular Member greengum's Avatar
    Join Date
    Aug 2009
    Location
    Henderson, Nevada, USA
    Posts
    330

    Post imported post

    Note Theoretical


    If I have no way to prove when I received the gun and it is taken from me by a LEO, how would I go about trying to get it back? Does the burden fall back on me? If they take my property as evidence, don't they have to return it to me if no charges are brought against me? If they were to charge me with not having it registered I can see no conceivable way they could prove I didn't get the gun pre-1991. My major concern is losing my property and having to pay to exercise my Rights.

  12. #12
    Founder's Club Member MudCamper's Avatar
    Join Date
    Sep 2007
    Location
    Sebastopol, California, USA
    Posts
    710

    Post imported post

    greengum wrote:
    Note Theoretical


    If I have no way to prove when I received the gun and it is taken from me by a LEO, how would I go about trying to get it back? Does the burden fall back on me? If they take my property as evidence, don't they have to return it to me if no charges are brought against me? If they were to charge me with not having it registered I can see no conceivable way they could prove I didn't get the gun pre-1991. My major concern is losing my property and having to pay to exercise my Rights.
    Why would the police take your property? Isn't that called theft? If they are investigating an actual crime, and want to take something into evidence, then they have to give you a receipt. There is no "possessing an unregistered gun" charge. There is no requirement that a firearm you are in possession of be registered. Yes, all new transfers are registered, but any handgun acquired before this are not required to be registered. There are thousands or millions of legal unregistered handguns in CA. I own several handguns that are not registered. They are mine and are perfectly legal to possess and use.


  13. #13
    Regular Member wewd's Avatar
    Join Date
    May 2009
    Location
    Oregon
    Posts
    664

    Post imported post

    If it really bothers you, you can go to any police station in the state and get forms to register any and all of your firearms with the California Department of Justice. They won't ask or care where and when you got them, and they'll all be registered to you. Otherwise just enjoy and carry your legally-owned, unregistered firearms and be done with it.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

    "Live Free or Die"

  14. #14
    Regular Member greengum's Avatar
    Join Date
    Aug 2009
    Location
    Henderson, Nevada, USA
    Posts
    330

    Post imported post

    wewd wrote:
    If it really bothers you, you can go to any police station in the state and get forms to register any and all of your firearms with the California Department of Justice. They won't ask or care where and when you got them, and they'll all be registered to you. Otherwise just enjoy and carry your legally-owned, unregistered firearms and be done with it.
    Yeah I am totally over it. It's not like I was bothered but more perplexed at the lack of logic and randomness to California's laws. Bottom line is I now have the mindset that I don't need to seek permission from ANYONE to enjoy any of my God given Rights.

    BTW thanks for the input from you guys and especially to the people who PM'd me. I owe you guys a beer! :celebrate

  15. #15
    Banned
    Join Date
    Jul 2009
    Location
    San Diego County, CA, California, USA
    Posts
    1,402

    Post imported post

    greengum wrote:
    wewd wrote:
    If it really bothers you, you can go to any police station in the state and get forms to register any and all of your firearms with the California Department of Justice. They won't ask or care where and when you got them, and they'll all be registered to you. Otherwise just enjoy and carry your legally-owned, unregistered firearms and be done with it.
    Bottom line is I now have the mindset that I don't need to seek permission from ANYONE to enjoy any of my God given Rights.
    I'm sure the gun owner persecution squad will be along shortly to correct the quaint belief that you have any rights in CA, only privileges.

  16. #16
    Banned
    Join Date
    Sep 2009
    Location
    Sunnyvale, California, USA
    Posts
    171

    Post imported post

    MudCamper wrote:
    If you acquired the handgun prior to 1991, there is no paperwork or registration required. It's just that simple.

    Further, there is no requirement that you register it to UOC with it. That's nonsense.

    Some useful reading:

    http://wiki.calgunsfoundation.org/in...s_registration

    http://wiki.calgunsfoundation.org/in...Family_Members
    That's useful info. Thanks. I bought a revolver from my dad circa 1991, and brought it to the Sunnyvale Police Department for registration - wow, did they freak out when I took it out of the case. Cops are such ********, but they have the power. They gave it back, and I've heard nothing since.

    I've a big issue with cops and guns: They have them, and tend to look suspiciously at anyone that also has a gun(s). Especially if your penis is bigger than their collective gun collection.

    It's all about the right to carry a firearm; cops don't want their piss diluted by legal citizens. And legal citizens are getting tired of being pissed on by cops.

    The citizens armed legally will piss on (dilute) cops authority, so they have to actually think TWICE. Is this a criminal? And so on, I normally get paid for such scenarios, which are sold to Hollywood on a regular basis.

    What to do?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •