In San Diego and across California, possessing an unregistered firearm can lead to serious legal trouble, including fines up to $1,000 and even jail time. Whether you recently moved or purchased a gun, understanding firearm registration laws is critical to protecting your rights.
If you’ve missed the 60-day firearm registration deadline in California, you’re not alone. Many firearm owners unknowingly fail to meet registration requirements. Fortunately, California Penal Code § 27570 offers certain legal protections for individuals who voluntarily report their unregistered firearms after the 60-day deadline. The key is taking prompt action to address the situation.
If you or someone you know missed the firearm registration deadline or has questions about California gun laws, call Sevens Legal at (619) 430-2355 for a free legal consultation.
Key Takeaways
• You must register firearms within 60 days after moving to California.
• Late registration can lead to fines, jail time, and gun confiscation.
• California Penal Code § 27570 protects voluntary self-reporting.
• Prompt legal guidance can help you avoid serious criminal charges.
• Sevens Legal offers free consultations for San Diego firearm issues.
Don’t let uncertainty about your firearm’s registration status put you at legal risk. Contact our gun crime defense lawyers in San Diego today to understand your options and protect your rights. Our San Diego criminal defense law firm assists clients with late firearm registration cases.
Understanding California’s Firearm Registration Requirements
California firearm laws require proper registration for all guns brought into or purchased within the state. Knowing the specific requirements can help you avoid legal complications and prevent the possession of an unregistered firearm in California.
60-Day Registration Rule for New Residents in California
Gun owners moving to San Diego should know that they automatically become a “personal firearm importer” under state law when they move to California with firearms. Within 60 days of establishing residency, you must complete and submit a New Resident Report of Firearm Ownership (BOF 4010A) to the California Department of Justice. This requirement applies to all firearms you bring into the state. Failing to register within this timeframe puts you at risk of illegally possessing an unregistered firearm.
Registration Rules for Purchased Firearms in California
Firearms purchased from licensed California dealers are automatically registered during the sale process. Since 1991, all handgun sales have been recorded in the Department of Justice’s Automated Firearms System. As of January 2014, this requirement expanded to include long guns. Private party transfers must also be processed through a licensed dealer, who will handle the registration process. Each transfer requires background checks and a 10-day waiting period.
Special Considerations for Inherited Firearms
Inherited firearms must be registered within 30 days of taking possession. For transfers between immediate family members (defined as parent/child or grandparent/grandchild relationships), you must complete an Intra-Familial Firearm Transaction report. You’ll need:
• A valid Firearm Safety Certificate
• Detailed information about each firearm (make, model, serial number, caliber)
• $19.00 processing fee per firearm
How to Check if Your Gun Is Already Registered
Confirming your firearm’s registration status is the first step to ensuring you’re compliant with California’s strict gun laws. To verify if your firearms are properly registered under California law, you can complete an Automated Firearms System (AFS) Records Request Form. The form must be:
• Signed
• Notarized
• Accompanied by a copy of your driver’s license or photo ID
Once processed, you’ll receive a list of all firearms officially registered under your name in California’s database.
What Happens If You Miss the 60-Day Deadline in California?
If you live in Southern California, missing the 60-day deadline for firearm registration places you in legal jeopardy, as possessing an unregistered firearm becomes illegal once this timeframe expires. While the law is strict, understanding why deadlines are missed and the potential consequences can help guide your next steps.
Common Reasons for Missing the Firearm Registration Deadline
Many San Diego gun owners miss registration deadlines for understandable reasons. Primarily, people are often unaware of California’s strict registration requirements, especially those relocating from states with more relaxed gun laws. Furthermore, confusion about which firearms require registration leads many to mistakenly believe their guns are exempt.
Other common reasons include:
• Misunderstanding complex registration forms
• Inability to gather the required documentation in time
• Confusion about deadlines for different types of firearms
Potential Consequences of Late Registration
The consequences of possessing an unregistered firearm in California are serious and should not be taken lightly. Under state law, failing to register certain firearms, such as handguns or self-manufactured firearms, can result in misdemeanor charges, which may carry penalties including up to one year in county jail and/or fines of up to $1,000.
It is important to note that assault weapons are strictly prohibited in California. While there were limited periods when owners of specific firearms could legally register them, those registration windows are now closed. As a result, any assault weapon that has not been registered during the appropriate timeframe is illegal to possess. Possession of such a weapon is typically prosecuted as a felony offense and can result in serious legal consequences, including state prison time and the permanent forfeiture of the firearm.
Additionally, law enforcement officers have the authority to seize unregistered or unlawfully configured firearms during traffic stops or other routine encounters, even if no criminal charges are filed. This means gun owners risk permanently losing their firearms even without a formal conviction.
Legal Protections Under California Penal Code § 27570
California’s firearm registration laws include a crucial safety valve for those who missed deadlines. Penal Code § 27570 offers important protections for those who voluntarily report their unregistered firearms, providing a path to compliance without prosecution.
California’s Self-Reporting Exception Explained
California Penal Code § 27570 creates what legal experts call a “self-reporting exception” by establishing that violations of registration requirements are not considered continuing offenses. This means the statute of limitations for prosecution begins on the date the grace period expires rather than continuing indefinitely.
The most important protection lies in subsection (b), which states that the registration requirements “shall not apply to a person who reports ownership of a firearm after the applicable grace period expires if evidence of that violation arises only as the result of the person submitting the report.”
How Voluntary Registration Protects You From Prosecution
Under these provisions, voluntarily registering your firearm—even after missing the strict 60-day registration deadline—creates immunity from prosecution for the deadline violation itself. The law explicitly prevents authorities from using your voluntary submission as evidence against you.
This protection applies to both new residents who missed the 60-day window and existing residents who failed to register inherited or purchased firearms within the required timeframes. The law recognizes that many missed deadlines stem from misunderstanding or confusion about requirements.
Documentation Needed When Self-Reporting Late
When self-reporting a firearm after missing the deadline, you’ll need:
• Completed Firearm Ownership Report (FOR) Application (BOF 4542A)
• $19.00 processing fee
• Copy of your California driver’s license or ID card
• Detailed firearm information (make, model, serial number, caliber)
By taking advantage of this legal protection, you can bring your firearms into compliance with California law without triggering prosecution for the missed deadline.
Insights from San Diego Attorney Ari Lieberman: California Firearm Registration Guidelines
In the video above, San Diego criminal defense attorney Ari Lieberman emphasizes that many people either forget or are unaware of California’s 60-day firearm registration deadline, especially when relocating from another state. Fortunately, as Ari notes, if a late registration is discovered solely because you submitted the required paperwork to the Department of Justice, you cannot be prosecuted for the delay. Firearm owners in San Diego are encouraged to take prompt action and secure legal representation to guide them through firearm compliance issues in San Diego and throughout California.
Free San Diego Firearm Registration Consultation
Navigating California’s complex firearm registration laws without legal guidance can put your gun rights at risk. Fortunately, our San Diego gun crime defense attorneys at Sevens Legal offer free consultations to help determine your best course of action after missing registration deadlines.
How to Contact Our Criminal Defense Attorneys
If you’ve missed the firearm registration deadline or need help with gun registration laws in California, call Sevens Legal today at (619) 430-2355 for a free consultation. Our experienced San Diego firearm registration lawyers are ready to help you protect your rights and your future. Don’t wait — your peace of mind is just one call away.
FAQs About Missed Firearm Registration Deadline? Your Legal Options in San Diego
Can I be arrested for late firearm registration in San Diego?
Yes, you can be arrested for late firearm registration in San Diego. However, if you voluntarily self-report by submitting your firearm registration, authorities are prohibited from prosecuting you based solely on that submission. Taking immediate action is critical to avoid potential charges. Our experienced San Diego criminal defense lawyers can help guide you safely through the registration process and protect your rights.
What should I do if I realize I missed the registration deadline?
If you realize you missed the 60-day firearm registration deadline in California, act quickly. Submit your registration immediately to comply with state law and take advantage of the self-reporting protections under Penal Code § 27570. It’s also crucial to contact a skilled San Diego criminal defense lawyer. An attorney can help you navigate the process correctly, minimize potential risks, and ensure that your late registration does not lead to unnecessary legal consequences.
How long do I have to register my firearm after moving to California?
After moving to California, you have exactly 60 days to register any firearms you bring into the state. This requirement applies to all new residents, regardless of the firearm’s type. Failure to register within this timeframe could expose you to serious penalties. However, protections exist if you act quickly and voluntarily report your firearm. Consulting a knowledgeable San Diego criminal defense attorney can help you meet deadlines and stay in compliance with California firearm laws.
Will submitting a late firearm registration trigger an investigation?
No, submitting a late firearm registration will not automatically trigger an investigation. California law encourages voluntary compliance with registration laws. Taking proactive steps to register your firearm shows good faith and can help you avoid serious legal problems in San Diego and throughout California.
What is the penalty for having an unregistered gun in California?
Possessing an unregistered firearm in California can result in serious criminal penalties, depending on the type of firearm and the circumstances. For handguns and self-manufactured firearms that require registration, failing to register may be charged as a misdemeanor, punishable by up to one year in county jail and/or a fine of up to $1,000. However, assault weapons are strictly prohibited in California. These firearms must have been registered during limited state-approved periods. Possession of an unregistered assault weapon is generally charged as a felony and may result in state prison time and permanent seizure of the firearm.
Disclaimer: The information provided in this blog is for informational purposes only and does not constitute legal advice. Every legal situation is unique, and the laws referenced may not apply to your specific circumstances. You should not act or rely on any information in this article without first consulting a qualified criminal defense attorney. To receive legal guidance tailored to your case, contact Sevens Legal for a confidential consultation.