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Thread: Important o.c. question.

  1. #1
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    Important o.c. question.

    First off feel free to move this to where it belongs if its not here. Just had a quick question. I lives in Chico CA. I have called the police dept. To try to find an answer but have had no luck. Apparently o.c. here is frowned upon. So there reluctant to help. My wife bought a handgun recently but isn't a fan of it. I love the thing so we will be transferring it into my name shortly. My question is can I legally o.c. my spouses handgun while we are waiting for the funds for the transfer.. tried my resources. All point towards. there's nothing that says I can't. As long as I can be in posetion of a firearm. Which I can be. Thanks guys. All answers will be apreciated

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    note:

    Sorry for the typos. Predictive text can be a blessing and a curse. Also if there is already an answer posted for this and nobody feels like explaining. Can you guys point me in the direction of the thread?
    Last edited by justin1; 06-28-2011 at 02:57 AM.

  3. #3
    Campaign Veteran skidmark's Avatar
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    Justin,

    Welcome to OCDO. You would have a much better chance of getting an answer if you reposted your question in the California forum. THe folks there are knowledgeable and helpful. You might also find opportunities to meet fellow UOC-ers (sorry, California) through your posting there.

    stay safe.

  4. #4
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    Justin,
    1) yes you can oc your wife's handgun.
    2) please read and understand all of the related laws concerning open carry and when and where you can carry.
    3) go to the range and practice. then do it again and again

    I am not saying you are not thinking this through,( this is for everyone who is thinking about carrying)

    This is not a game. It is one of the most important decisions you will ever have to make. Please read and understand everything in the link below
    http://forum.opencarry.org/forums/sh...ry-Information

    Thanks, Dale

  5. #5
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by justin1 View Post
    First off feel free to move this to where it belongs if its not here. Just had a quick question. I lives in Chico CA. I have called the police dept. To try to find an answer but have had no luck. Apparently o.c. here is frowned upon. So there reluctant to help. My wife bought a handgun recently but isn't a fan of it. I love the thing so we will be transferring it into my name shortly. My question is can I legally o.c. my spouses handgun while we are waiting for the funds for the transfer.. tried my resources. All point towards. there's nothing that says I can't. As long as I can be in posetion of a firearm. Which I can be. Thanks guys. All answers will be apreciated
    Welcome to OCDO.

    As has been indicated before, the police are not a good resource for legal advice. They will discourage you from this practice using any means at their disposal- including lying. An internet forum isnt much better, unfortunately. If you are determined to obtain sound information, I would recommend seeking out a competent attorney who is familiar with California's firearm law.

    If you have not already applied for a license to carry concealed in Butte County, it is my opinion that this should be your next step to carry for self defense.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

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    Thank you guys for the help. Ill be checking into it soon. Just one other question. What am I required to do if stoped by the police?. I know I'm required to allow an e-check. But what would the best way of going about this encounter. Sorry again if this answer has been posted. New to the forum. Still trying to figure out where everything is. And once again thanks you guys for the help.

  7. #7
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Watch these, specifically the ones labeled 12031, but they're all good.

  8. #8
    Regular Member Decoligny's Avatar
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    Waiting to get the funds for transfer?

    You do realize that you only need to file a DOJ OPLAW form and send in $19.00 if I recall correctly. Then the gun is yours. No need to go through an FFL as this is an interfamily transfer.

    Check out the form here.

    http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf
    Last edited by Decoligny; 06-29-2011 at 01:13 AM.

  9. #9
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    In CA you have to have an h.s.c. . Card. $25 + $20 for the background and transfer. At least this is what the ffl guys said. Recent hit a stretch of bad luck and lost the job. So saving is what ill be limited to while attempting to pay the bills at the same time.

  10. #10
    Regular Member ryanburbridge's Avatar
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    Quote Originally Posted by justin1 View Post
    In CA you have to have an h.s.c. . Card. $25 + $20 for the background and transfer. At least this is what the ffl guys said. Recent hit a stretch of bad luck and lost the job. So saving is what ill be limited to while attempting to pay the bills at the same time.
    Why spend any money on the transfer? It's your wife's gun. You live together and can use the gun all you want. There are a few crime enhancement charges so if you plan on breaking the law it would be smart to do it with your own gun. Otherwise save you money.

    If money is very tight I would not recommend UOC at all. If you pick up a case your looking at spending between 5,000-10,000 dollars to defend yourself. I would look into LUCC (poor mans CCW). You will have to after the ban and it will give you a chance to practice.

    Just my opinion.


    "If squirt guns are outlawed, only outlaw squirts will have guns!"

    James Taranto
    "If squirt guns are outlawed, only outlaw squirts will have guns!"

    James Taranto

  11. #11
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    Ryan,
    good advice.
    want to add, that after the ban passes, if in fact it does, no one will be allowed to use their spouse's handgun w/o their spouse with them.

  12. #12
    Regular Member Decoligny's Avatar
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    Quote Originally Posted by justin1 View Post
    In CA you have to have an h.s.c. . Card. $25 + $20 for the background and transfer. At least this is what the ffl guys said. Recent hit a stretch of bad luck and lost the job. So saving is what ill be limited to while attempting to pay the bills at the same time.
    The FFL is wrong, and is just looking to make his $10.00.

    The form I linked to is specifically intended for transfer between direct family members. Spouse to spouse, mother/father to daughter/son, daughter/son to mother/father, grandmother/grandfather to granddaughter/grandson.

    If you go through an FFL the charges will be as follows:

    $25.00 for the HSC (you will have to pay this either way)
    $25.00 DOJ Person to Person Transfer fee
    $10.00 FFL Fee
    The FFL will also have to take possession of the handgun for the mandatory 10 day waiting period.

    So it will end up costing you $60.00, and 10 days without a handgun, i.e. being defenseless.

    If you use the linked form, the charges will be as follows:

    $25.00 for the HSC
    $19.00 for transfering the handgun into your name in the DOJ database.
    $0.44 for the stamp to send the form to the DOJ via USPS.

    Total Cost $44.44, and you get to keep the handgun in your possession and NOT be defenseless for 10 days.


    This is from the California Attorney General's website: http://ag.ca.gov/firearms/pubfaqs.php#21

    Question: Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?

    Answer: Yes, as long as the person receiving the firearm is not in a prohibited category [PDF 10 kb / 1 pg] and the firearm is not an assault weapon, the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer. However, if the firearm is a handgun, the recipient must submit an Report of Operation of Law or Intra-Familial Handgun Transaction [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days.

    (PC sections 12076(f), 12078(i))
    Last edited by Decoligny; 07-05-2011 at 02:16 PM.

  13. #13
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    You see I knew this was the place to go for answers. Thank you guys for the information. This has helped so much. Fyi you guys rock.

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