C&R firearms and California DOJ roster

[old lady new shooter]

Rather than hijack the post office parking lot thread, I'm starting a new one since the topic is completely different.

quote from post office parking lot thread:
""Firearms automatically attain C&R status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF's C&R list.""

Given that black powder firearms can be purchased in California without regard for the DOJ roster, the cite causes me to wonder whether a firearm meeting the above criteria can be purchased in California even though it is not on the DOJ roster, for example a pre-1968 revolver. Anybody know?

 

[Frank Ettin]

A handgun that qualifies as a C&R by being at least 50 years old is not subject to the Roster. It must still be transferred by/through an FFL.

See Penal Code 32000:

32000.(a) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

(b) This section shall not apply to any of the following:

(1) ...

(2) ...

(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(4) ...​

...​

​

Is that what you needed?

 

[old lady new shooter]

A handgun that qualifies as a C&R by being at least 50 years old is not subject to the Roster. It must still be transferred by/through an FFL.

See Penal Code 32000:

​

Is that what you needed?

Frank Always Knows the Answer!

Not sure if I could say I "needed" it given that I thankfully finally escaped California, but good to know if I wanted to bring a small one on a visit.

Thanks.

 

[Mauser lover]

Couldn't you bring any off-roster handgun to CA on a visit, as long as you didn't have any standard capacity magazines or sell it?

 

[old lady new shooter]

Couldn't you bring any off-roster handgun to CA on a visit, as long as you didn't have any standard capacity magazines or sell it?

I don't actually know, but I assumed not.

 

[cal44mag]

Couldn't you bring any off-roster handgun to CA on a visit, as long as you didn't have any standard capacity magazines or sell it?

Yes you can.

And a California resident can own an off-roster gun he brought with him when moving here from another state.

Plus, a California resident can buy a gun in a private party transaction from another Cali resident.

Third, for the most part LEOs are exempt from the roster, so if an LEO buys an off-roster gun he can sell it to another non-LEO resident -- although if he does this on too big a scale he may be in trouble.

There are a few exceptions like the S&W Governor -- it counts as an illegal short barrel shotgun and no one can possess one of those.

 

[Frank Ettin]

The Roster is basically, in the context of this discussion, about what handguns may be offered for sale by an FFL. So if the question is about possession or bringing a handgun in temporarily as a visitor to California or moving to California with handguns lawfully acquired when one resided in another State don't really involve the Roster.

Instead, to answer questions about possession or bringing a handgun in temporarily as a visitor to California or moving to California with handguns lawfully acquired when one resided in another State one needs to consider other California laws. So, for example, a handgun chambered for a shotgun shell would be considered a short barrel shotgun under California law and may not be lawfully possessed. Also, a semi-automatic handgun with a threaded barrel isn't legal. I'm not sure if all the information on what handguns are unlawful to possess in California can be found in one place, and I've never tried to put together any sort of catalog of prohibited characteristics. There's the Calgunswiki, but I'm not sure how up to date it is.

What did you think you might want to bring on your visit?

 

[old lady new shooter]

A >50-year-old Model 36. Which is not on the roster even though the current model is. I had to wait till I moved to AZ to buy it.

 

[Frank Ettin]

A >50-year-old Model 36. Which is not on the roster even though the current model is. I had to wait till I moved to AZ to buy it.

That won't be a problem. (unless you hang fuzzy dice from the muzzle)

 

[old lady new shooter]

Ooh, fuzzy dice! <ggggggg>