# unregistered hand gun



## Beretta ™ (Jul 27, 2008)

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


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## unpecador (May 9, 2008)

Don't ask us, ask the cops.


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## Beretta ™ (Jul 27, 2008)

unpecador said:


> Don't ask us, ask the cops.


I would but again I don't want him to lose it


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## js (Jun 29, 2006)

I would place a call to your local Sheriff's Dept and just ask. It depends on your state laws.


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## oak1971 (Apr 28, 2008)

Gun? What gun? It's grandfathered. Don't need to register something you bought in the 50's there were not any laws then.


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## kev74 (Mar 22, 2008)

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.


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## kev74 (Mar 22, 2008)

oak1971 said:


> Gun? What gun? It's grandfathered. Don't need to register something you bought in the 50's there were not any laws then.


That's not the way it works in New York State.


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## Beretta ™ (Jul 27, 2008)

oak1971 said:


> Gun? What gun? It's grandfathered. Don't need to register something you bought in the 50's there were not any laws then.


yeah i heard about that, but i wasn't sure. glad to hear its true:smt023


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## VAMarine (Dec 25, 2008)

Beretta ™ said:


> yeah i heard about that, but i wasn't sure. glad to hear its true:smt023


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.


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## Todd (Jul 3, 2006)

STEP 1



js said:


> I would place a call to your local Sheriff's Dept and just ask. It depends on your state laws.


PROBABLY STEP 2



kev74 said:


> 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.


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: http://www.handgunforum.net/showthread.php?t=11796

:watching:


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## kev74 (Mar 22, 2008)

Beretta ™ said:


> yeah i heard about that, but i wasn't sure. glad to hear its true:smt023


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


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## niadhf (Jan 20, 2008)

oak1971 said:


> Gun? What gun? It's grandfathered. Don't need to register something you bought in the 50's there were not any laws then.


BAD CHOICE. in the state shown in the flag THIS IS NOT THE LAW. and we don't discuss illegal activities here. Gives us all a bad name.

DOH! Todd beat me too it.


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## niadhf (Jan 20, 2008)

kev74 said:


> 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.


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## Beretta ™ (Jul 27, 2008)

Todd said:


> STEP 1
> 
> PROBABLY STEP 2
> 
> ...


thanks i only wanted to know how to make it legal and you all helped. thanks sorry if i violated the rules


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## Todd (Jul 3, 2006)

Beretta ™ said:


> thanks i only wanted to know how to make it legal and you all helped. thanks sorry if i violated the rules


No rules violated. You had a legit question. :smt023

I just know where threads like these have a habit of heading, and we weren't going down that path with this one.


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## niadhf (Jan 20, 2008)

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.


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## Brevard (Jan 24, 2009)

kev74 said:


> That's not the way it works in New York State.


Yeah but I have read alot of NY's laws regarding guns. There is alot of things that dont work there.


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## Brevard (Jan 24, 2009)

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.


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## gmaske (Jan 7, 2008)

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!!!!:smt076:watching:


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## kev74 (Mar 22, 2008)

gmaske said:


> 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!!!!:smt076:watching:


It is a pain, but some of us value our family and friends more than easy access to handguns.


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## niadhf (Jan 20, 2008)

Brevard said:


> 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.
> ...
> 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.


By the flag, NY state. you can not OWN a handgun in NY state without a permit.


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## unpecador (May 9, 2008)

gmaske said:


> 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!!!!:smt076:watching:


The gun laws are strict here but I seem to get by just fine and besides, this is where most of my family and friends live.


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## diablosrising (Apr 17, 2008)

gmaske said:


> 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!!!!:smt076:watching:


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!


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## gmaske (Jan 7, 2008)

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.


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## kev74 (Mar 22, 2008)

gmaske said:


> 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.


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## Rugerdoug (Jan 25, 2009)

I use to live in Upstate New York before moving to Oregon. I had a CHL in NY but had to surrender it when I moved. Here in Oregon you dont need a permit to handle or buy a handgun. I know what a pain it is there. One good thing for New York is the appointment of Kirsten Gillibrand to take Clinton's place as senator. Shes pro 2nd Amendment.


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## niadhf (Jan 20, 2008)

i think it is a good thing. However a recent statement by her has me watching her. closely. Not a direct quote, but, "we need to curb gun violence, with out stepping on the rights of hunters."

so better than hilbilary, better than chucky shoe head. still needs watching though i think. At least her past voting record is good.


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