December 2, 2012, 11:29 AM
Many years ago I lived in California. Somewhere back in the mid 80's I purchased 9mm Smith. If memory serves me correct it may have been a model 469, all steel and it came with 12 round mags. I moved out of California in 1994 and gave the gun to my son (he still lives there). Is that gun still considered to be a legal firearm in California? I want to think it would be "grandfathered' in. I never did any paperwork when I gave the gun to my son so I would think it is still registered in my name. Should I get it back from my son and find a California gun for him?
December 2, 2012, 12:17 PM
Yes, the handgun (S&W Model 469) is still 100% CA legal and, because your son acquired the 12 round magazines before 01-01-2000, the magazines are also 100% CA legal.
Starting in 1993(?), intra-familial (grandparent-parent-child-grandchild) transfers of handguns have to be reported to CA DOJ via sending in a completed Report of Operation of Law or Intra-Familial Handgun Transaction (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?) within 30 days of the transfer.
Because there is no penalty for filing after the 30 day time period, your son can still send in that form.
However, due to how long ago the 100% CA legal transfer took place, as an alternative, your son can send in a Firearm Ownership Report (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/volreg.pdf?), in order to register the handgun in his name.
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