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madweazl
07-19-2009, 9:02 PM
A little background information: my name is Aaron, Marine of 12 years with a CA home of record, just transferred from AZ to CA, my wife is an AZ resident. From what I've read thus far, we can bring non roster handguns into the state and register them. It looks like I'm hosed because I'm a CA resident but I believe my wife could purchase the gun (in AZ) and we could register it upon arrival to CA. Is this accurate?

JBird33
07-19-2009, 9:04 PM
If she hasn't moved here yet, then she can buy whatever she pleases in AZ then register them with CA when she gets here. Choose wisely!












(I'm like 95% sure on this one, anyhow ;) )

lorax3
07-19-2009, 9:12 PM
To clarify, did you just get stationed in CA and you originally lived in AZ? Getting PCS orders for CA does not make you a CA resident.


If you are only stationed in CA, but your home state is AZ YOU can buy firearms in both states. You can also bring in assault weapons with a MAWP.

But if your wife is an AZ resident she can buy whatever she wishes in that state(as long as they are not assault weapons or firearms with magazines greater than ten rounds) and bring them into CA. She will need to register them with the DOJ within 60 days if she is here to become a resident of CA.

madweazl
07-19-2009, 9:34 PM
I'm a CA resident that was stationed in AZ (last 10 years), my wife was also a CA resident but switched to AZ about 8 years ago. I just PCSed to CA (I dont check in until the 24th but I am here now).

chefdude
07-19-2009, 9:49 PM
stock up on all the goodies you can!!! oh and pick me up a Sig Blackwater Tactical too......:p

madweazl
07-19-2009, 10:05 PM
lorax3, you mentioned they would need to be registered withing 60 days IF she becomes a CA resident. What if she doesnt want to become a resident?

I'm wanting to pick up an XDm, that seems easy enough but will I be able to shoot the thing without a 10rd mag?

TZL
07-20-2009, 12:51 AM
they don't make 10 rd mags for the XDm yet....so you'll have to modify the factor mags to 10 rounders to use in CA

lorax3, you mentioned they would need to be registered withing 60 days IF she becomes a CA resident. What if she doesnt want to become a resident?

I'm wanting to pick up an XDm, that seems easy enough but will I be able to shoot the thing without a 10rd mag?

lorax3
07-20-2009, 5:29 AM
This the fun part. CA requires anyone who meets the definition of a 'personal handgun importer' to register handguns within 60 days.

12070(2) (A) On or after January 1, 1998, within 60 days of bringing a
pistol, revolver, or other firearm capable of being concealed upon
the person into this state, a personal handgun importer shall do one
of the following:
(i) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.

(n) As used in this chapter, a "personal handgun importer" means
an individual who meets all of the following criteria:
(1) He or she is not a person licensed pursuant to Section 12071.

(2) He or she is not a licensed manufacturer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
(3) He or she is not a licensed importer of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(4) He or she is the owner of a handgun.
(5) He or she acquired that handgun outside of California.
(6) He or she moves into this state on or after January 1, 1998,
as a resident of this state.
(7) He or she intends to possess that handgun within this state on
or after January 1, 1998.
(8) The handgun was not delivered to him or her by a person
licensed pursuant to Section 12071 who delivered that firearm
following the procedures set forth in Section 12071 and subdivision
(c) of Section 12072.
(9) He or she, while a resident of this state, had not previously
reported his or her ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning him or her and a description of the firearm.
(10) The handgun is not a firearm that is prohibited by
subdivision (a) of Section 12020.
(11) The handgun is not an assault weapon, as defined in Section
12276 or 12276.1.
(12) The handgun is not a machinegun, as defined in Section 12200.

(13) The person is 18 years of age or older.
(o) For purposes of paragraph (6) of subdivision (n):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of members of the Armed Forces of the United
States, residency shall be deemed to be established when he or she
was discharged from active service in this state.

12505 VC 12505. (a) (1) For purposes of this division only and
notwithstanding Section 516, residency shall be determined as a
person's state of domicile. "State of domicile" means the state
where a person has his or her true, fixed, and permanent home and
principal residence and to which he or she has manifested the
intention of returning whenever he or she is absent.
Prima facie evidence of residency for driver's licensing purposes
includes, but is not limited to, the following:
(A) Address where registered to vote.
(B) Payment of resident tuition at a public institution of higher
education.
(C) Filing a homeowner's property tax exemption.
(D) Other acts, occurrences, or events that indicate presence in
the state is more than temporary or transient.

Oregonish
07-20-2009, 6:57 AM
I take a Mark 23, thank you very much!!

madweazl
07-20-2009, 7:16 AM
This the fun part. CA requires anyone who meets the definition of a 'personal handgun importer' to register handguns within 60 days.

I'm going to change my home of record to AZ and work on the MAWP; I'm having an AR15 built and would prefer not to have it CA legal (we've been waiting for parts for ages now). I dont know if the AR will be done within 60 days but if I've read things correctly, I can register the lower receiver (which I can get sent to my FFL in AZ).

Wish these laws were easier to read :banghead:

madweazl
07-20-2009, 7:56 AM
they don't make 10 rd mags for the XDm yet....so you'll have to modify the factor mags to 10 rounders to use in CA

I thought that was a no-no?

Overkill
07-20-2009, 8:12 AM
Permanently modifying standard-capacity mags to 10 round only is not a no-no.

madweazl
07-20-2009, 12:32 PM
Ok, so that is good news :)