Don't ask us, ask the cops.
one of my older friends who was born in the 20's bought a beretta in the 50's, then they did not require him to register it, but now with the new laws we do, what do i do about registering it, and will it be confiscated?
also he uses it as a home defence handgun, what if he shot some one? and how would i go about registering it
Don't ask us, ask the cops.
I would place a call to your local Sheriff's Dept and just ask. It depends on your state laws.
"bing bang boom! hair out...hamburger time" - William Murderface
Gun? What gun? It's grandfathered. Don't need to register something you bought in the 50's there were not any laws then.
He's going to have to turn it in to his local Sheriff's Office and apply for a handgun permit. In the meantime, he can transfer the gun to a friend/relative who has a valid permit, but its going to have to go through the Sheriff's Office.
I wouldn't put much faith in that without seeing a law in place backing it up, firearms laws vary from state to state. Don't believe all us internet lawyers without seeing the actual law that pertains to where you reside.
If the info is correct, no big deal, if it's wrong...
"Some guy told me so on the internet"
Is not a viable defense in a court of law.
STEP 1
PROBABLY STEP 2
Even though a law sucks, it's still the law. What if your "friend" has to use the gun in self-defense? In addition to all the potential hassle of the cops making sure it was a legit shoot, and the practically guaranteed civil lawsuit, your "friend" will be answering questions and probably facing charges related to his illegally possessed firearm.
As a side note and a heads up to all, I think we're treading a fine line here, and IMO, there is no grey area. If anyone has the idea that the "friend" should continue to break the law (which he is doing) and not get the proper permits to possess a firearm, keep it to yourself and DO NOT post it. Anyone who does suggest that he not do the LEGAL thing here will be violating the forum rule of not discussing illegal activity. In case a refresher is needed about how admin team feels about the subject: Threads about illegal activity.
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Its not true. In NY, unless you are law enforcement, you are not allowed to handle or possess a handgun unless you possess a valid permit. And if you are in possession of a handgun, it has to be listed on your permit - NO EXCEPTIONS!
NYS Penal Law Section 400
and they get REALLY MEAN about this. one case law had a person who had a flare gun(an unusual older type)as a decoration on the wall. it was stolen and a shotgun shell was fired through it. the original owner had not followed the law. He was found guilty and incarcerated. i have the case study on another computer. happy to send or post links when i get it back.
hope i am not stepping wrong here, but to the above... yes in New York IF you have powder/balls/or caps for it. No if not.
IANALCYLL.
I know it varies state to state. But I know of a few especially in NC you dont have to have a permit to possess a handgun, just to buy. Now I am not sure where your grandfather lives, but it could just be he can own it but not carry it on his person.
As far as using it. I would do target practice with it. But for defense I would get something that has been registered under his name. He will have a heck of a time trying to prove the self defense part. He doesnt need to worry about wether he legally or illegally possessed the gun.
So all in all. I will say depending on the state I would think it was legal to own just not carry it on him. Gun laws have just gotten to be so ridiculious here over the past few years.
As a side note: I wonder why anyone who wants or owns a hand gun would bother to live in places like NY or Jersey or CA. What a major pain in the rear it has got to be!!!!![]()
Don't forget Illinois! I know at least two cities (Oak Park and Chicago) that don't allow any handgun ownership. Add to that the 4-6 week wait for a Firearm Owner's Identification card that morphed into a 4 to 6 month wait since the election, AND no civilian carry and you get a very crappy state for the 2nd Amendment.
I've often thought of moving 2 miles away to Indiana: no ID needed for purchasing or owning, and concealed carry is allowed with a permit
Lower taxes, too!
I really feel for you guys! I grew up in Florida and have lived in Colorado most of my adult life. What a royal pain some of the laws you guys live with everyday must be. I can't believe the one were you can't even handle a gun without a permit. I wish some of the more wealthy gun owners around these states would spend the money to knock down some of these laws. Even a blind man can see they are crossways of the 2nd Amendment. I wonder why some of the larger gun clubs haven't taken a stab at this. I didn't mean to be disrespectful it's just unbelievable how restrictive to the point of exclusiveness the laws are in some states. You guys are really getting a bum rap.
I agree 100%! I would also like to see the NRA take a more active role in this as well, seeing that NRA membership is mandatory to get in any of the gun clubs around here.
The Heller case in DC was nice, but for the last 50 years or so, NY has been letting judges decide who can and can't get a permit and what restrictions to place on the permit. There are no guidelines for this - its all done at the discretion of each issuing judge and with no means of appeal.