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Old November 14, 2012, 09:41 PM   #1
popawoody
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California Law Question

I have a 9mm handgun in my possession that was given to me by my father some time in the 1990 time frame. It's likely he bought it (legally) in another state but he gave it to me in California and it has remained in California ever since. It has two original 15 round magazines. It is unregistered. He has since passed away.

I've tried to find this circumstance in California law but haven't had any luck. Can anyone tell me if I am required to register this firearm in California? Also, if I declare it and pack it in my checked luggage to attend an out-of-state firearms training course, am I guilty of importing it illegally when I return to California?

And yes, I do realize this is a forum and that I should seek advise of counsel. Just looking for informed opinions. Thanks!

Last edited by popawoody; November 16, 2012 at 10:28 AM.
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Old November 15, 2012, 02:57 AM   #2
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Assume 1990.

If that's true, no, no registration required.

Registration of intrafamilial handgun transfers appears to have begun in 1993 (can't find the exact bill, so date unclear).

And the large-capacity magazine restrictions began in 2000, so those are not an issue.

No problem taking it (and the mags) out of state and back to CA.
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Old November 15, 2012, 09:33 AM   #3
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What he^ said. Always trust a gun-toting librarian

But just in case, be prepared to prove dates (purchase, transfer, etc.) if ever such proof should be needed.
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Old November 16, 2012, 12:11 AM   #4
popawoody
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Thanks guys! It was definitely not as late as 1993. My only problem is proving any of this, since my father passed away a decade ago. The transfer was "Son, you'll put this to better use than I will. It's yours." He was getting into his 80s and I think he was worried he'd shoot his nose off. I should probably establish the manufacture date from the serial number. I've not been at all inspired to register it. It's reassuring to know I'm not committing a felony. [If I commit them, I prefer not to do it accidentally. ]

On the traveling out of state question, I have other pre-ban hi cap magazines for other handguns (P226, P229, etc). Can I assume that the same rule applies? I own them legally, having bought them pre-ban. Can pack them in checked baggage, go out of state and come back without it being considered importing?
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Old November 16, 2012, 05:06 AM   #5
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Quote:
On the traveling out of state question, I have other pre-ban hi cap magazines for other handguns (P226, P229, etc). Can I assume that the same rule applies? I own them legally, having bought them pre-ban. Can pack them in checked baggage, go out of state and come back without it being considered importing?
Yes. Same rule applies, taking them in and out is fine.

Quote:
committing a felony. [If I commit them, I prefer not to do it accidentally. ]
A man after my own heart. Act in your own best interest - with as much knowledge as you can get to help you decide.
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Old November 16, 2012, 07:19 AM   #6
Brit
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Just the place I was looking for! Again I will not hold anyone responsible for legal advise, you guys live there , i do not.

Going to Sacramento for two weeks in Feb. The job? Baby sitting, new baby mother going out of state for two weeks, my wife and I will be staying in the house, with new baby, and my step Son.

Leaving carry Glock 19 at home.

Can I bring my Glock 26 with me, in luggage. To keep in house. Not to carry (would be nice) but can not see a way to do that.

Thank you.
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Old November 16, 2012, 10:14 AM   #7
popawoody
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Quote:
Originally Posted by Brit View Post
Can I bring my Glock 26 with me, in luggage. To keep in house. Not to carry...
Here's one I know. The answer is YES. Quoting the California DOJ web site "California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container...This includes the trunk of a motor vehicle, but does not include the utility or glove compartment." Transporting firearms into the state by airplane is covered by the same federal TSA rules that apply everywhere in the US.

And you're right on the concealed carry question. They're extraordinarily difficult to get here. Even the newly hired Chief of Police of Los Angeles couldn't get a CCW permit until he actually began serving as Chief.

Our friend Librarian will probably be able to shed some additional light.

Last edited by popawoody; November 16, 2012 at 10:24 AM.
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Old November 16, 2012, 11:03 AM   #8
Brit
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Thank you. That is the fly in, and not leave in the house when we are out and about.
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Old November 16, 2012, 06:26 PM   #9
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Popawoody got it; all I can add is you must bring only 10-round mags - importing larger capacity mags can be charged as a felony.

Follow TSA and airline rules, and it should all work.
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Old November 16, 2012, 08:21 PM   #10
Brit
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I have Glock 26 magazines, thank you.
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