S&W Mdl 39-2 Legal in California?

R

RETIRED28

Inactive
I used to owned a S&W Mdl 39-2 not until this was stolen during the early 2000. Last December, 2010 Chino Police Department sent me a note that they recovered the aforesaid gun. I decided to claim this gun but, only through the assistance of a license Gun Dealer. I intended not to place the gun under my name and instead give it as a gift to a relative. Unfortunately, the California DOJ said that this gun is now "illegal" in California.

Is the statement we received from the Gun Dealer as stated by California DOJ true to your knowledge?
 
I'm not in California, so take this answer with a grain of salt; I'm only going by what I've read in previous threads about CA's list.

Apparently, CA has a recurrent requirement for manufacturers to verify drop-safety testing of their various models, and there is a recurring fee that goes with this verification. Some manufacturers don't want to pay the fee; some don't want to undermine their new gun sales.

So, some older models that were on the list, end up off the revised lists.

People who already own those guns are grandfathered, but can't sell them or transfer them within California.

One would think your case, where it was already your property, would fall under the grandfather clause.

You might check with the guys at calguns.net.
 
From http://certguns.doj.ca.gov/ :

Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.
Click to expand...

I can see that the Chino PD might want you to have to go through a background check, but this is not a sale, you are getting your own property back. This is similar to a pawn/consignment return, so the handgun "safety" list should not apply. I suspect that when your FFL ran the check the unusual circumstances weren't clear and it looked to the DOJ like an FFL sale, which would not be allowed.

I'd suggest that you contact the CA DOJ in writing at:

http://ag.ca.gov/firearms/contact.php
 
Retired28,

Go here:

www.calguns.net

and post your situation. I think Cal Guns Foundation may want to help you out with your problem. It sounds to me like someone at Chino PD likes your gun and/or doesn't think you deserve to have it back. I do not believe they are following the law.
 
Although not a real and proper answer, I can tell you a friend of mine in Calif. still owns a model 39-2. He's owned it for 30 years that I know of.
 
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