Is this legal in California?

hotwls13

New member
I was the original owner of a Ruger P-85 that I purchased back in 1991. Around 1997 (while living in California) I transferred ownership to my Dad who lived in Oregon. I mailed the P85 through a FFL but I kept the 2 15 round magazines. Now, my Dad said he is giving me back the P85 (he never shoots it). He has 2 other 15rd magazines that he will keep in Oregon. He is coming to visit in a couple months, and plans to bring the P85 then.

As far as I see it, this is perfectly legal. As long as I fill out that handgun form within 30 days of receiving it from my Dad. Also, since I have owned the 15rd magazines since before the ban, I am just in posession of them and that is legal.

Make sense?

Here's some info I got off the Cali firearms website:

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).

If I have a large-capacity magazine, do I need to get rid of it?
No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers.

Traveling with Handguns
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.
 
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You've got some pretty good resources, and you're doing exactly what those resources tell you to do. If you want any further assurances that you're staying legal, you need to ask a California attorney. We online-types can only cite to you exactly what you've already found.
 
I read it the same way you do except that I see 30 days to file, not 60.
Just a thought:
You were the original owner so I presume there is a paper trail attesting to that. Are you sure you did't just loan the gun to your father? If that were the case I would think that you would not have any paperwork as you never relinquished ownership. I guess it would depend on whether "transfer" in this instance refers to transfer of ownership or of physical possession. I am guessing probably physical possession, but it might be worth looking into.
 
Yep it's 30 days. :D

As far as the transfer, I did it the official way with all the paperwork etc. My dad is the legal owner now.

The main thing that concerns me is the transport of the handgun over state lines. I'm sure i am just being paranoid, but I don't trust the California Government to use common sense.
 
I have been to the local range, and shot my friends 15 rounder and nobody batted an eye. Actually i think if someone did notice they would be wondering how they could get one. Most folks at the range are like-minded in that they wish they could escape The Republik of Kalifornistan just like me.

Also, the magazine limit 10 not 12.
 
Travismaine Move to a free state and dont worry about this kind of thing.

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