California registration info

Discussion in 'General Discussion' started by williamd, Nov 24, 2007.

  1. williamd

    williamd New Member

    Mar 21, 2007
    Posted this in response to a thread question regarding how to register a recently acquired firearm in CA. Thought it might be of use .........

    First, I want to ask WHY???

    The exchange already violates the law ......


    Sales, Loans, or Transfers of Firearms
    It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section
    12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan,
    or transfer is completed through a licensed firearms dealer. (Penal Code §§ 12071, 12072, 12082.)

    But, registration only applies to assault weapons. The DROS (Dealer Record of Sale) for transfer of other guns/rifles/pistols/revolvers is only an 'eligibility to own', a background check, if you will.

    More, from the Q&A Area on the site:

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

    REGISTRATION in the 2007 law book only addresses ASSAULT WEAPONS and those are specified by make/model.

    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.

    6. I already paid the Dealer's Record Of Sale (DROS) fee and went through a DOJ clearance check when I purchased the firearm. Does that satisfy the registration requirement?
    No. Under California law, no rifle or shotgun purchaser information may be retained by the DOJ. The DROS fee only covers the cost to determine whether or not a purchaser is prohibited from purchasing or possessing a firearm at the time of the transaction. Additionally, once eligibility has been verified, the DOJ is required by law to destroy all DROS information pertaining to long guns. The assault weapon registration period has ended. The DOJ is no longer accepting assault weapon registration forms.

    More ...

    5. Can I give a firearm to my adult child? Can he/she give it back to me later?
    Yes, as long as the adult child receiving the firearm is not in a prohibited category [PDF 10 kb / 1 pg] and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit an Report of Operation of Law or Intra-Familial Handgun Transaction [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b).

    Finally ...

    14. I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?

    Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement.

    Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example:

    For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction.
    For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of$10.00 per each additional firearm transferred.

    Now with all that if you can still go to a dealer and tell them what you need .... how you got it and you, a rightous citizen, want to make it legal. The DROS fee is $19 but don't expect to get out the door with only that! Plus, DROS is not taxable, but many do! The State's DROS fee is $19.00 which covers the costs of the background checks and transfer registry. There is also a required $1.00 Firearms Safety Testing fee and a $5.00 Safety and Enforcement fee. If the transaction being processed in a dealer sale, consignment return, or return from pawn, the dealer may impose other charges as long as this amount is clearly shown as a "dealer fee" and not misrepresented as a state fee. In the event of a private party transfer, the firearms dealer may additionally charge a fee of $10 per firearm transferred. I was recently charged $105.00 by a dealer to receive and do the paperwork for an out of state long gun purchase.

    By the way, if the weapon has been owned by an individual for a number of years before you acquired it there is no record at all ....... but, legally, it still should be transferred via a dealer (FFL holder to do DROS).
    Last edited: Nov 24, 2007
  2. pickenup

    pickenup Active Member

    Sep 11, 2002
    Colorado Rocky Mountains
    Thank you williamd.

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