Purchasing from out of state friend

[RickD427]

So on modern handguns that did not exist prior to 1991 or 2014 for long guns, what is the legal reason to do a voluntary registration?

The main reason why it might be wise to do a Voluntary Registration on such weapons is so that you only get arrested for a misdemeanor if you get caught carrying one concealed without a permit, or carrying one loaded. If you get caught with the weapon being unregistered, then the offense is a felony.

If the weapon is going to be a "Safe Queen", then I really don't see any advantage to registration.

 

[westsidearms]

The main reason why it might be wise to do a Voluntary Registration on such weapons is so that you only get arrested for a misdemeanor if you get caught carrying one concealed without a permit, or carrying one loaded. If you get caught with the weapon being unregistered, then the offense is a felony.

If the weapon is going to be a "Safe Queen", then I really don't see any advantage to registration.

Again, you misunderstand. I will be clearer. What legal justification do you have for filing a voluntary registration? All firearms transactions must go through a dealer in California unless they are a intrafamilial transfer. So if you did not lawfully come into possession of the firearm since 1991 for handguns or 2014 for long guns, your filing a voluntary registration confirms you broke the law. You were supposed to PPT the firearm or transfer it through a dealer. You did not. Why? Again, I contend you broke the law in coming into possession of the firearm and filing the voluntary registration confirms it to the DOJ. It is not a good idea to do no matter the reason you want to do it.

So when the DOJ calls and asks why you did a voluntary registration, what will be your reason? What are you going to tell them? When they ask why didn't you do a regular dealer transfer or a PPT, what will be your response?

 

[RickD427]

Again, you misunderstand. I will be clearer. What legal justification do you have for filing a voluntary registration? All firearms transactions must go through a dealer in California unless they are a intrafamilial transfer. So if you did not lawfully come into possession of the firearm since 1991 for handguns or 2014 for long guns, your filing a voluntary registration confirms you broke the law. You were supposed to PPT the firearm or transfer it through a dealer. You did not. Why? Again, I contend you broke the law in coming into possession of the firearm and filing the voluntary registration confirms it to the DOJ. It is not a good idea to do no matter the reason you want to do it.

So when the DOJ calls and asks why you did a voluntary registration, what will be your reason? What are you going to tell them? When they ask why didn't you do a regular dealer transfer or a PPT, what will be your response?

One of us may be "misunderstanding" here. I'll try again.

There ain't no "Legal Justification" for completing a "Voluntary Registration." It's a "Voluntary" process that a person may elect to do, and that they are under no compulsion to do. As I previously pointed out, a person may wish to do so in order to escape felony criminal liability if they were caught carrying the weapon without a permit, or carrying the weapon loaded (without a CCW permit).

You seem to be treating all firearms as having a requirement to have been obtained through a dealer, or "Operation of Law" transfer. That's simply not true. The fact that it may be true for recently acquired firearms does not make it true in all cases.

You are correct that an attempt to do a voluntary registration of a weapon manufactured after transfers were required to go through FFL's would indicate that the weapon was unlawfully transferred. Couple that with evidence that the transfer occurred within the Statute of Limitations and you have a prosecutable crime. If the nice DOJ agent cannot cover the SOL element then there's no case.

If I were to receive the phone call that you described, and under the circumstances where the weapon was unlawfully transferred (hypothetically, because I know better than to put myself in such a position), then I would answer the nice agent's question with "I'm sorry, but I'm respectfully declining to answer that question."

 

[westsidearms]

You seem to be treating all firearms as having a requirement to have been obtained through a dealer, or "Operation of Law" transfer. That's simply not true. The fact that it may be true for recently acquired firearms does not make it true in all cases.

Not once did I state that. We know there are ways to lawfully possess firearms that were not registered and do not require registration. That is a given. The question simply is why would you do voluntary registration? In this case it would be as the title of the thread states to "purchase from an out of state friend" or to try and mask an illegal transfer. Which we both agree doing a voluntary transfer to get the gun registered in your name would not be a wise idea at all.

The DOJ does not always prosecute people. Sometimes they show up with a warrant, take your gun, and make you fight to get it back. Sometimes you figure it isn't worth the effort and let them keep it.

There were quite a few public cases during assault weapon registration of the DOJ showing up with warrants based on photos sent in with the registration paperwork.

Do not use the voluntary registration form. You will be the low hanging fruit.

 

[manilajdilla]

unfortunately the only way you can obtain that legally, is if your friend moves out here to california, registers the firearm in question under his name and CA address, and then he can PPT it to you. in this situation, theres no other way.

 

[westsidearms]

unfortunately the only way you can obtain that legally, is if your friend moves out here to california, registers the firearm in question under his name and CA address, and then he can PPT it to you. in this situation, theres no other way.

It is not required to put it in his name before PPT. He can lawfully PPT it within the 60 days move in time as long as the seller has a CA ID or DL.