Penal code penalty for possessing (not concealed carrying) an unregistered handgun?

[Plead the Second]

Is there a Penal code section that specifically addresses penalty options for possessing a post-1991 unregistered handgun ( assuming no other special categories are involved like being a gangmember, prohibited person, etc.) and one is NOT carrying it concealed (i.e., just possessing, in home or transporting it in a vehicle, unloaded and in a locked box?)



1. Is it an infraction or a misdemeanor or a felony, and what is the minimum/maximum financial fine and jail penalty?
2. Does it matter ( in the code, independent of prosecutorial discretion issues) if it is a "first offense?"
3. If there is a misdemeanor guilty plea or conviction, does that ban the person forever from owning guns?

[Mssr. Eleganté]

Is there a Penal code section that specifically addresses penalty options for possessing a post-1991 unregistered handgun ( assuming no other special categories are involved like being a gangmember, prohibited person, etc.) and one is NOT carrying it concealed (i.e., just possessing, in home or transporting it in a vehicle, unloaded and in a locked box?)



1. Is it an infraction or a misdemeanor or a felony, and what is the minimum/maximum financial fine and jail penalty?
2. Does it matter ( in the code, independent of prosecutorial discretion issues) if it is a "first offense?"
3. If there is a misdemeanor guilty plea or conviction, does that ban the person forever from owning guns?

It's perfectly legal to possess an unregistered handgun in California. If you were supposed to register it and you failed to do so then they can charge you with failing to register it as long as the statute of limitation hasn't run out. But they can't charge you with "possession".

For instance, if I moved to California after 1998 with handguns and failed to register them, I could be prosecuted for failing to register my imported handguns for up to 1 year and 60 days after the importation date. After that they couldn't prosecute me. At no time could I be prosecuted for possession of unregistered handguns as long as I avoided the special categories you mentioned.

If I bought a handgun from a guy off of craigslist tomorrow and we just did a cash and carry sale in the alley behind Safeway I could be prosecuted for doing an illegal transfer for up to three years after the transfer date. But I could never be prosecuted for possession of the unregistered handgun as long as I avoided the special categories you mentioned.

[echoThreeOneSix]

Active duty military are also exempt from registering until they separate if I understand the law correctly.

[RickD427]

Active duty military are also exempt from registering until they separate if I understand the law correctly.

echo ThreeOneSix is correct.

There is no law against the simple possession of an unregistered weapon.

Mssr. Elegante provided a very good summary of the registration and transfer requirements.

However, you (OP) should also be aware of two penalty enhancements to related crimes that you would be liable to if you commit them with an unregistered handgun:

1) If you carry the weapon concealed, the offense is a felony if the weapon is not registered to you, otherwise it is only a misdemeanor.

2) If you carry the weapon loaded, the offense is a felony if the weapon is not registered to you, otherwise it is only a misdemeanor.

[Librarian]

Asked and answered - not a crime.

See also the wiki -- http://wiki.calgunsfoundation.org/Firearms_registration