Firearms Registration

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Firearms Registration

It is legal to own and possess unregistered firearms.

Until Jan 1, 2014 of long guns only 'assault weapons' were registered in California. Beginning January 1, 2014, long guns are subject to the same information reporting requirement through DROS that handguns have experienced since 1990.

Handguns that have gone through the Dealer's Record Of Sale (DROS), have been registered by new residents, have been registered by intrafamilial transfer, or have been voluntarily registered by their owners, will be known to the state.

There is no procedure to delete registration records.

Contents

History

Firearms sold through California Federal Firearms Licensees (FFLs) generally are recorded with the state through the Dealer's Record of Sale process. (Penal Code 28100 (was 12070) and following)

However, sales using an FFL were not required until January 1, 1991. Prior to that date an individual could sell to another individual without using a dealer, and there are probably several million firearms in California which have not changed hands since 1990.

Rifles defined as Assault Weapons had specific time windows before which they had to be registered to maintain possession. Later, .50BMG rifles were also required to be registered by their owners to continue to possess them.

Longer term, California had long had some requirement for the registration of sales of firearms (at least from May 4, 1917 - Stats 1917 p 221). The 1917 requirement was repealed by AB 263-Hawes, introduced in 1923 and effective August 7, 1924 (Statutes of California, Chapter 339). AB 263 required a replacement process

Every person in the business of selling, leasing or otherwise
transferring a pistol, revolver or other firearm of a size
capable of being concealed on the person ... shall keep a
register in which shall be entered the time of sale, the date
of sale, the name of the salesman making the sale, the place
where sold, the make, model, manufacturer's number, caliber or
other marks of identification of such pistol, revolver or other
firearm. Such register shall be prepared by and obtained from
the state printer ....

The title on those register pages was "Dealer's Record of Sale of Revolver or Pistol". DROS has been with us since 1924.

October 2011 - Governor Brown signs AB 809

AB 809, introduced by Assemblymember Feuer, changes California law to require reporting and retention of long gun information just as it previously required hand gun information.

Beginning Jan 1, 2014, long gun information must be

  • collected in the DROS process and sent to CA-DOJ,
  • reported to CA-DOJ by people who move into California from out of state,
  • reported to CA-DOJ as part of intrafamilial transfers

Currently

The data sent to the DOJ when the dealer submits the DROS is prescribed in Penal Code 28160 (2012, former 12077) and 28165. Electronic submission of the DROS is required by 28205.

Other, non-dealer registration

Beginning January 1, 1998, individuals moving to California with handguns are required to register their handguns as "personal handgun importers" (Penal Code 27560). The person must file the "New Resident Handgun Ownership Report".

Prior to 1998, guns moved here were not registered, even by mail. Note that this registration requirement did not apply to "long guns", typically shotguns and rifles. The number of firearms moved here is unknown. Beginning January 1, 2014, long guns moved here must also be reported, as handguns have been since 1998.

It is illegal to possess a firearm that is defined as an Assault Weapon or a .50BMG rifle without a valid registration or permit. Only those persons with an Assault Weapons Permit from the Department of Justice or sworn law enforcement officers who have obtained a letter from their department can register new Assault Weapons or .50BMG Rifles.

Private Sales

Infrequent sales of long guns over fifty years old were exempt from using an FFL (Penal Code 27965 (was 12078 (t)(2))). (Infrequent means "occasional and without regularity.", Penal Code 16730 (was 12070 (c)(1))) Note that the "infrequent" unlicensed sale of handguns is limited to five transactions per year, ("For pistols, revolvers, and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person.")

The 50-year-old exemption was repealed as of January 1, 2014.

Not all guns are registered

The net effect of these older guns is not all guns in California are registered with the state, and it is not required that they be registered.

Supporting law of ownership

Sometimes people ask the question "If it isn't registered, how do I prove it is mine?"

The answer is, you are not required to do that.

State law, Evidence Code 637 says

The things which a person possesses are presumed to be owned by him.

and Evidence Code 638 says

A person who exercises acts of ownership over property is presumed to
be the owner of it.

In this respect, firearms are no different from toasters or towels: in ordinary circumstances, one need not prove ownership.

If, by chance, a firearm is seized, Penal Code 18255 says the owner must get a receipt:

(a) Upon taking custody of a firearm or other deadly weapon
pursuant to this division, the officer shall give the owner or person
who possessed the firearm a receipt.
  (b) The receipt shall describe the firearm or other deadly weapon
and list any identification or serial number on the firearm.
  (c) The receipt shall indicate where the firearm or other deadly
weapon can be recovered, the time limit for recovery as required by
this division, and the date after which the owner or possessor can
recover the firearm or other deadly weapon.

(However, PC 18625 provides that the firearm will be held for at least 48 hours, possibly much longer if it is held for evidence. To get the gun returned, the owner must satisfy PC 33850; when that process is complete, the holding agency is required to return the weapon within 5 business days.)

DOJ FAQ

The California Department of Justice maintains a 'Frequently Asked Questions' page. Regarding registration, it says

 26 How do I know if my firearms need to be registered?

There is no firearm registration requirement in California 
except for assault weapon owners and personal handgun
importers.  However, you may submit a Firearm Ownership Record
to the DOJ for any firearm you own.  Having a Firearm Ownership
Record 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, all firearm transactions must be conducted through a
firearms dealer.

What is registered to you?

An individual may ask the California Department of Justice, Bureau of Firearms, for a report of all firearms registered to him or her by filing a "Automated Firearms System (AFS) Records Request Form".

There is anecdotal reason to believe the data in the Automated Firearms System is inaccurate and incomplete in numerous cases.

Voluntary Registration

An individual may voluntarily register a firearm with the state by filing a "Firearm Ownership Record".

A benefit of registering an unregistered handgun is that there are certain sentence enhancements for committing a crime with an unregistered handgun. The most relevant example is that illegal concealed carry is a felony if the handgun is not registered to the person illegally concealing the handgun but is a misdemeanor if the handgun is registered to the person carrying the handgun (Penal Code 26400 (6) (was Penal Code 12025 (a)(6)(B)]).

De-Registering a Firearm

A person may remove a registration of a firearm to him- or herself by filing a "No Longer In Possession" form: revised NLIP - Handgun and NLIP Assault Weapon/.50 BMG Rifle (Part C. NLIP) Form

Note that when you sell a handgun via Private Party Transfer at a California FFL, the handgun is not automatically removed from your AFS record of registered firearms. One can use the form above to mark a handgun sold as no longer yours in the Automated Firearms System (AFS) record; however, that record is permanent - there is no procedure to delete it entirely.

  • California DOJ reports it has experienced problems with false data filed via the NLIP forms.
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