How to Get off Roster Handgun in CA: A Comprehensive Guide
In California, off-roster handguns are illegal to purchase, sell, or possess. These restricted handguns are listed on California’s roster of approved and tested firearms, and importing them into the state for personal use is not advisable. However, there are procedures to follow if you believe your handgun is no longer rostered or if your local law enforcement agency inadvertently issues a permit for an unauthorized firearm.
Understanding Why Handguns are Off the Roster
The Attorney General’s Office of Criminal Justice (OAG), in collaboration with the Law Enforcement and Community Partners Advisory Committee, maintains a state list of approved and reviewed firearms. This list is reviewed annually to ensure that registered firearms meet California’s public safety standards. Manufacturers must submit their firearms for testing and evaluation within 30 days of requesting an exemption from the Off-Roster requirement. Unfortunately, some manufacturers may never receive approval, or updates to their products may exceed the testing and evaluation stage.
What Happens When a Handgun Is Off the Roster in CA?
Law enforcement agencies will not conduct background checks for weapons not listed on the registered roster. This means illegal ownership, possession, carrying, or transfer of non-rostered weaponry may result in serious felony charges. Additionally, sellers, dealers, and firearm enthusiasts may face criminal indictments for knowing or recklessly selling or providing unwanted handguns.
Protections for Legitimate Handlers
Registered handgun distributors and feg handlers (eager gun owners) who innocently acquired non-roster weapons may apply to the Attorney General Office of Criminal Justice for protection under the California Gun Industry Liability Act (CGIL). This law protects handgun manufacturers, dealers, retailers, and other stakeholders acting in good faith from law enforcement actions, as specified by the California Legislature for public safety reasons.
Exceptions for Off-Roster and Pre-1994 Deterrents
When the California Legislature allows exemptions for Specific Firearms, certain out-of-state handguns enter the state, often legally purchased or acquired from individual owners. These exemptions rarely result in changes to either the roster or legal landscape, but they mollify gun users’ concerns. Not a public safety threat since the 1990 handgun safety act was instigated, the state occasionally authorizes specific out-of-state handguns approved under federal law to rejoin the California roster provided the manufacturer has updated the design and complied the safety standards.
Other Alternatives
In times when non-rosted firearms become more desired due to changes in your personal situation, relocation, or a change. Some alternatives include:
− Selling the asset to a registered firearms transaction center for transfer,
− Converting some models to a compliant Rostered firearm, making a modest redesign, or
− Simply storing it permanently, as a legal consequence is not the goal, making an effort to prevent unattended weapons.
Timeline and Process for Handgunning Off-Roster Remediation
To remove items from the off-rostered list, you’ll adhere to the following timeline by applying to the California General Attorney’s Office for firearm roster removal:
− Ensure that your handgun tests the safety standards, specifically addressing the 10 items below:
| Safety Feature | Description |
|---|---|
| 1. Trigger Lock | Prevents accidental Discharge, Locking while the gun is loaded. |
| 2. Safety Lock | Prevents accidental accidental firing. |
| 3. (Finger Containment | Prevents accidental ignition through finger movement. |
…and so on.
− Submit an application as described by the current version of the Attorney general’s Office, in time with the latest list
− Await response concerning the removal request you filed
− If, the request is accepted.
− Return or repurpose the handgun, since its removal from the RO
Conclusion
Procedures for getting off California’s roster handgun involve verifying whether your firearm complies with the state’s set standards, ensuring your handling process is compliant with those safety standards, and maintaining communication with law enforcement by requesting an exemption for re-inclusion. By acting lawfully and transparent throughout this process, you can protect your belongings while also respecting California.
