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NSR500
07-27-2008, 9:35 PM
I've stated here on the forums before that I observe Dual State Residency between TX & CA. I want to be certain I stay Legal when I'm in CA so can you guys give me your opinion on the following situation?

My Sister (in TX) owes me money because I fixed her Jeep (AWD Tranny). Instead of paying me Cash she wants to give me her 1911 since she got one of the German P6's.
In TX we're Legal if she just writes me up a Bill Of Sale and we do an FTF. However... I want to be sure I can take the pistol with me to CA if needed.
Should I just play it safe and take her to an FFL so the Transfer is recorded?
Last thing I want is for the 1 in a Million shot that someone tries to run one of my guns, and have there be any doubt of its legality.
FYI... Luckily the 1911 is on the CA safe handgun list.

cbn620
07-27-2008, 9:42 PM
Wouldn't that constitute a personal handgun import? I think you would need to register the firearm, this only applies to handguns though. I'm really not certain though.

From the BoF website:

http://ag.ca.gov/firearms/pubfaqs.php#24

hoffmang
07-27-2008, 9:44 PM
I've stated here on the forums before that I observe Dual State Residency between TX & CA. I want to be certain I stay Legal when I'm in CA so can you guys give me your opinion on the following situation?

My Sister (in TX) owes me money because I fixed her Jeep (AWD Tranny). Instead of paying me Cash she wants to give me her 1911 since she got one of the German P6's.
In TX we're Legal if she just writes me up a Bill Of Sale and we do an FTF. However... I want to be sure I can take the pistol with me to CA if needed.
Should I just play it safe and take her to an FFL so the Transfer is recorded?
Last thing I want is for the 1 in a Million shot that someone tries to run one of my guns, and have there be any doubt of its legality.
FYI... Luckily the 1911 is on the CA safe handgun list.

As long as you perform the transaction in Texas while your residing at your Texas residence, just do the transaction face to face in that state and stay one of the nights.

If you bring the gun to CA and keep it here for say more than 30 days, register it on the personal handgun importer form. It doesn't even need to be on the "not unsafe" list.

-Gene

Librarian
07-27-2008, 9:52 PM
If you're dual residency in both CA and TX, in TX follow TX rules.

I don't know if our Fine Legislators anticipated dual residency when they created the Personal Handgun Importer category - practically, how many times can one move here? If this were a one-time thing, then the PHI form would be fine.

The Roster isn't relevant to PHI.

Dunno. Probably could ask the CA-DOJ, but occasionally they're not really into comprehending things well. I wouldn't be surprised at anything they might say about this.

NSR500
07-27-2008, 9:55 PM
As long as you perform the transaction in Texas while your residing at your Texas residence, just do the transaction face to face in that state and stay one of the nights.

If you bring the gun to CA and keep it here for say more than 30 days, register it on the personal handgun importer form. It doesn't even need to be on the "not unsafe" list.

-Gene

The TX transaction is no problem as I am regularly there for over 30 days. I just worry about when I'm in CA for 30+ days. Normally I would not really push the issue but my largest caliber pistol is a 9mm. Yeah... My Sister carries/carried a bigger pistol than me. :p

Have you guys caught your breath yet and finished wiping your keyboards & monitors?

I was just never much of a pistol guy because I like Rifles & Shotguns.
That's why I want this 1911 to be my new travel companion. :cool2:

hoffmang
07-27-2008, 10:01 PM
You're off in a grey corner of the law that you shouldn't worry too much about. Non California residents bring handguns to California with them on vacation or to visit and those folks don't have a requirement to register. If you're staying long enough again in California with the handgun in California to be considered a resident during that presence, you are arguably required to file the PHI form. Once you've done it once though, your handgun is and will remain registered in CA until you take it off.

Funny thought - Alan Gura's handguns are still in AFS in California even though he's a Virginia resident.

-Gene