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Garadex 12-14-2011 03:50 AM

Handgun paperwork in Kalifornia
 
In Kalifornia if you were to buy a handgun through a private transaction and not do any paperwork for the transfer of ownership at the time and wait a couple of years is there a way to legally transfer it?

tiberius10721 12-14-2011 04:47 PM

Easiest way would be to track down the person you bought it from and do a new transaction the right way. I'm not a lawyer so I'm sure there are people on this forum that will give you a better and more articulate answer. Me personally I would not even worry about it as long as it is not stolen.

hogrider 12-14-2011 05:57 PM

Why in the world would you want to create a paper trail when none exists? I look for stuff like that.:D

trip286 12-14-2011 06:01 PM

Just keep what you've got, keep your nose clean, and move on with your life.

masterPsmith 12-14-2011 09:18 PM

Quote:

Originally Posted by Garadex (Post 651508)
In Kalifornia if you were to buy a handgun through a private transaction and not do any paperwork for the transfer of ownership at the time and wait a couple of years is there a way to legally transfer it?


GARADEX,
If you are caught with it as it is now, you will have problems. Possession of a handgun in California that is not registered to you in California, is a crime. I suggest that you contact the person that you purchased it from and do a legal transfer through a dealer.

Jim...............

Vikingdad 12-15-2011 02:07 AM

It depends on when and where the original transfer took place. This is as I understand it but prior to January 1st (I think it is ) 1991 (please correct me if I am wrong) handgun transfers were not required to be registered in CA. If the transfer took place before then you do not need any previous paperwork. If you took possession after that within the state of California you are in violation of the law. If the gun was manufactured after that and the first sale or your purchase of the gun was in the state of California you are again in violation.

Possession of a handgun that is not registered to you is NOT a crime unless it is stolen, regardless of when it was purchased. (word of warning here, if you purchased the handgun without being absolutely certain it is not stolen you are a fool, but that is a subject of another thread perhaps).

If one were to transfer a gun that had not been previously registered in California, or the transfer of that handgun took place in another state, the State has no way of knowing that. Again, this is unless the gun was stolen. The thing is, once you have a gun registered to you in the state of California it is attached to your name and your a$$ FOREVER, even if you sell it with the paperwork in the future (again, as I understand it).


OK, now here is the really scary part. There is legislation in the works right now in the state of California that would treat long guns just the same as handguns are now. That would mean required registration, take a proficiency test and get a card for it, etc., etc., etc.,. The worst part of it is that the gun stores are in favor of it.

My advice is to make sure it is not stolen, and then make the transfer in Nevada or Arizona. As far as I know there is no requirement that you declare the guns you have purchased out of state upon entering the state, and there is no mechanism to do so if there is such a requirement.

The main thing to remember is that you never give up any information to the officials. [I]NEVER!!!![I]

If the California Department of Justice shows up on your doorstep you are under no obligation to answer any questions nor are you required to let them in unless they have a warrant which is a whole different conversation.

Garadex 12-16-2011 12:45 AM

I can 100% guarantee that it is not stolen. So the thing to do would be to go find the person that it is still registered under and do all the paperwork for but make all the dates recent?

trip286 12-16-2011 12:48 AM

That would be the "right" and legal thing to do.

As was mentioned, it could mean jail time if you don't.

I'm a firm believer in people staying the hell out of my business personally, and I likely wouldn't do it, but that would be my choice and my risk to take.

Vikingdad 12-16-2011 05:32 AM

Quote:

Originally Posted by masterPsmith (Post 651995)
GARADEX,
If you are caught with it as it is now, you will have problems. Possession of a handgun in California that is not registered to you in California, is a crime. I suggest that you contact the person that you purchased it from and do a legal transfer through a dealer.

Jim...............

Jim,
This is not correct. Possession of a gun that is not registered to you in the state of California is not a crime unless the gun is stolen. Period.

I would not and do not advocate purchasing guns in California without doing so within the letter of the law. But the letter of the law regarding possession of a handgun not registered to you is as I have stated above.

Vikingdad 12-16-2011 05:49 AM

It is important to note that if you are confronted by a LEO with a handgun that is not registered to you and the LEO asks if you own the gun you should answer truthfully. If the LEO pushes you for who it is registered to and why you have it you are not under any obligation to answer but depending on circumstances it might behoove you to do so. Again, depending on circumstances, you might be able to say "Officer, this gun is not stolen because if it was I would be in handcuffs right now. If you wish to ask more detailed questions I need my attorney present."

Under no circumstances would I recommend that you say "Yes Officer, I bought this handgun from a buddy of mine a couple of years ago but we never did the paperwork."

Perhaps you might say "A buddy of mine lent me this gun so I could try it out. I'm thinking of buying one just like it."

OK, I got off topic here. Sorry about that.


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