[Sawdust]

So I've got this friend, see, and he bought a S&W 5906 with hi-cap mags from a PP back in '88.

Doesn't use it much, and never registers the gun. In addition, this whole time he is out in la-la land wrt the everchanging gun law landscape.

Fast-forward to today. It appears now, according to the laws of CA, that my friend possesses an illegal weapon. Or, are just the mags illegal? It is no longer possible to register it...correct?

What should my friend do with this gun?

Thanks,

Sawdust

[TCD]

by friend you mean yourself right?


As far as I understand, all hicaps are legal in CA as long as they were here before a certain date(which I don't know for sure) but I'm guessing that the mag is grandfathered in.


Not registering the HG is a problem I'm guessing.


You might want to go talk to a lawyer

[R.H. Lee]

The hi cap issue aside, it is my understanding that possession of a concealed handgun not registered to you in California is a felony, a misdemeanor if registered to you.

Hopefully Jim March will be along soon. He carries this stuff in his head.

[Shane333]

Wait a moment! Are you all saying that handguns in CA are illegal if they aren't registered with the state?

[Ewok]

You've got 60 days in which to register your handguns with the DOJ after you move here. If you buy it here, it's automatically registered. Handgun Registration Requirements for New California Residents (http://caag.state.ca.us/firearms/ab991.htm)

[R.H. Lee]

Wait a moment! Are you all saying that handguns in CA are illegal if they aren't registered with the state?

No. I am talking about the difference between a felony and a misdemeanor if you are caught with a concealed handgun. A felony conviction will prevent you from legally owning firearms.

Edited to add: ewok, I don't think there's a requirement to register handguns you already legally possess, is there?

[Destructo6]

If the mags were in his possession in CA prior to 2000, they are considered grandfathered. He can legally remove them from CA. He cannot sell, lend, or otherwise transfer possession to another CA resident.

I don't believe he would have any trouble registering the pistol now. As said, getting caught illegally carrying an unregistered pistol is very bad.

You might do some rooting around this site:

http://caag.state.ca.us/firearms/ab991.htm

[Shane333]

Thanks RileyMC.

I ask because I have some close family in CA, and one of them has several old firearms, including handguns.

Perhaps secretly I was hoping that I'd have an excuse to tell him that he needs to give me all his handguns to avoid trouble. ;) :D

[Sawdust]

The hi cap issue aside, it is my understanding that possession of a concealed handgun not registered to you in California is a felony, a misdemeanor if registered to you.

This is not an issue; my friend has no intention of illegally carrying the gun concealed.


Yep, you've got some short number of days in which to register your handguns with your local sheriff after you move here. If you buy it here, it's automatically registered.

Not an issue. The gun and my friend have always been in CA.

The gun and the mags may be legal by virtue of grandfathering, but how can it be proved that my friend has owned the gun since '88? He has no receipt from the PP he bought it from.

I think that it is legal in spirit, but how do you prove that to a LEO?

Sawdust

[Ewok]

Edited to add: ewok, I don't think there's a requirement to register handguns you already legally possess, is there?


"There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers. However, you may submit a voluntary registration form to the DOJ for any firearm you own. Having a voluntary registration 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, a DROS is required on all firearm transactions."

[Mute]

If the gun was made in '88 or earlier (which can be proven by serial number) then it's the prosecutions resposiblity to prove that your friend did not acquire the weapon until after the need for registration not the other way around.

[Jim March]

Right. What he has there is really two things:

1) Grandfathered high-cap mags, which are as stated, legal. No transfers of any type allowed - they're HIS, and that's it. I don't think he can even pass 'em along in a will although I'm not certain of that part.

2) He has a legally owned "off-paper" gun. That's fine; he can own it, transport it to a range (legally) and shoot it, take it to a gunsmith, mail it to a gunsmith, use it for home defense (with high-caps if desired), shoot it competitively, hunt with it.

What he better NOT do is pack it illegally. The fact that it's unregistered bumps his illegal carry charge from misdemeanor to felony. (Assuming of course that he has no serious prior convictions that would make his carry a felony ANYWAYS.) Hence, every California gunnie should have a "papered" gun for dire emergencies.

He can "paper it" voluntarily at no cost by filling out a DOJ form. If he has several old off-paper guns of various types, he'd be wise to either buy another on-paper or paper one of his existing pieces, annoying as that is. I recommend in that case papering a..."non controversial" gun like, say, a revolver...that way, if restrictions tighten before they get better, he'll be less likely to get noticed.

There may come a day when ANY of us need to pack illegally, through no fault of our own. OK? That's just the breaks. At a minimum, have a papered gun around in case.

[buy guns]

if he doesnt use it much then why even bother worrying about it?

[Sawdust]

Wow, thank-you all.

I appreciate your responses, especially Jim March and Destructo6. That is all crystal clear and complete - exactly what I needed.

I shall pass the information on to my friend; I suspect he will take the opportunity to purchase a papered revolver.

And just because "he doesn't use it much" does not minimize his desire to be a law-abiding citizen.

Sawdust

[jnojr]

At what point did CA mandate that all firearm transactions had to go through an FFL? If he bought it after that point, he might have an issue there.

Like all other legal issues, I'd see an attorney.