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View Full Version : CAN I OWN HANDGUN MODEL NOT IN ROSTER?


gemini1
10-25-2009, 8:35 PM
Is it allowed to own or bring in to Cali a Colt .380 government model? I belived this model is no longer in production, which is why maybe it is not on the California list of approved handguns.

Uriah02
10-25-2009, 8:37 PM
From my best understanding the only legal way to get a non-rostered handgun into the state legally is to own it in another state and move with it... you must declare it as a new resident handgun report. I do not know if it is illegal to go to another state to buy a handgun not on the roster and then declare it on this form when I bring it into the state though.
http://www.ag.ca.gov/firearms/forms/pdf/ab991frm.pdf

JBird33
10-25-2009, 8:43 PM
I don't know about you guys, but every single handgun I have ever purchased in California has been non-roostered. They have all been on the roster, but I never saw a chicken, male or not, anywhere in the FFL. These new Cali laws are getting BAD.

ke6guj
10-25-2009, 8:44 PM
It is not a crime to own a non-rostered handgun.

However, you can't just "bring" in a non-rostered handgun. Any handgun would need to be brought in through a CA FFL, and that FFL can't transfer a non-rostered handgun to you except in a few roster-exempt situations, such as to a LEO or an intrafamily transfer.

If you move into CA, you can bring it with you, but it must be regiistered with CADOJ, or sold, within 60-days.

If you are a CA-resident, you can't go out-of-state and physically bring back a handgun. One or more federal violations would have happened, except in some limited exemption.

JBird33
10-25-2009, 8:44 PM
Seriously though, basically the only way to buy a non-rostered handgun is to be exempt (like a LEO,) buy one used, or have it transferred to you from an out of state family member.

troysland
10-25-2009, 8:48 PM
Is it allowed to own or bring in to Cali a Colt .380 government model? I belived this model is no longer in production, which is why maybe it is not on the California list of approved handguns.

That list is for New handguns imported into the state for sale. California claims it's a "Safety" thing. I say it's all BS!

If you own it, you must register (I don't like to use the word register) when you come into the State, let the CADOJ know you have it by paying the $19 fee to any FFL so they can send in the paperwork.

five.five-six
10-25-2009, 8:52 PM
Is it allowed to own or bring in to Cali a Colt .380 government model? I belived this model is no longer in production, which is why maybe it is not on the California list of approved handguns.



the roster is to protect you from cheep unreliable and faulty guns that can go off without warning, only the police are allowed to have those

Canute
10-25-2009, 8:55 PM
So if I want something off roster I could have an out of state family member buy it and send it to my FFL?

ke6guj
10-25-2009, 8:58 PM
So if I want something off roster I could have an out of state family member buy it and send it to my FFL?

yes, your grandparent, parent, child, or grandchild can do an intrafamily transfer as a roster-exempt transfer through your FFL. No other family members qualify for the intrafamily exemption.

troysland
10-25-2009, 9:04 PM
If you're lucky enough to know someone with dual state residence... This exists by way of employment, career, Military, etc.

:hide:

gemini1
10-25-2009, 9:15 PM
I had actually resided in Florida and have an expired FL state ID, I also have a valid Florida CCW permit, using my sisters address as my resident (since I lived with her). Does his makes me a dual state residence even though I have never been back there since '97 except for brief visits? And I'm actually pushing my sis to give me her .380 since she bought a new S&W.

strangerdude
10-25-2009, 9:16 PM
Is it allowed to own or bring in to Cali a Colt .380 government model? I belived this model is no longer in production, which is why maybe it is not on the California list of approved handguns.

Have you shot this gun? I don't like mine.

ke6guj
10-25-2009, 9:18 PM
I had actually resided in Florida and have an expired FL state ID, I also have a valid Florida CCW permit, using my sisters address as my resident (since I lived with her). Does his makes me a dual state residence even though I have never been back there since '97 except for brief visits? .
doesn't sound like it.

(B11) What constitutes residency in a State? [Back]

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]


(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

And I'm actually pushing my sis to give me her .380 since she bought a new S&W
and a transfer from your sis to you does not qualify for an intrafamily transfer.

762cavalier
10-25-2009, 9:37 PM
I don't think I would want a handgun that had been in a rooster:eek:

WeekendWarrior
10-26-2009, 2:37 PM
WWRTW

Dr Rockso
10-26-2009, 3:04 PM
I don't know about you guys, but every single handgun I have ever purchased in California has been non-roostered.
Perhaps "roostered" is just a PC synonym for "cocked"

gemini1
10-26-2009, 6:01 PM
Thanks for the info ke6guj. Is that link you've attached from the ATF website?

Librarian
10-26-2009, 6:03 PM
That list is for New handguns imported into the state for sale. California claims it's a "Safety" thing. I say it's all BS!

If you own it, you must register (I don't like to use the word register) when you come into the State, let the CADOJ know you have it by paying the $19 fee to any FFL so they can send in the paperwork.
Not quite - YOU send in the paperwork and the fee directly to the state - no FFL needed.

ke6guj
10-26-2009, 7:12 PM
Thanks for the info ke6guj. Is that link you've attached from the ATF website?yup, http://www.atf.gov/firearms/faq/faq2.htm#b11

gemini1
10-26-2009, 8:21 PM
Thanks Ke6guj.

dustoff31
10-26-2009, 8:34 PM
Perhaps "roostered" is just a PC synonym for "cocked"


Actually aren't most popular CA guns capons?

TurnersGunslinger
10-26-2009, 8:49 PM
it is perfectly lawful to own a hand gun that is not listed on the s.b.15 roster as long as magazine capacity does not exceed ten rounds for one, second you must do a voluntary hand gun registration through the doj's website, and third you must have obtained the hand gun lawfully such as it being a gift or inherited.

SJgunguy24
10-26-2009, 9:45 PM
<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/A58nnmnhfUo&hl=en&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/A58nnmnhfUo&hl=en&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>

Sorry had to do it:D

Sure hope you don't find a gun in there.

JayDeeSacramento
10-26-2009, 9:46 PM
http://i178.photobucket.com/albums/w255/PorMiGente/rooster2.jpg

Uriah02
10-29-2009, 9:31 PM
yup, http://www.atf.gov/firearms/faq/faq2.htm#b11

So what of going to an out of state gun show, buying from a private seller and then registering it with CADOJ?

ke6guj
10-29-2009, 9:51 PM
So what of going to an out of state gun show, buying from a private seller and then registering it with CADOJ?nope, not legal. Seller would be violating federal law selling it to you, and you would be violating federal law bringing it back to CA.


(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]



(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]



(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaserís own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]