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View Full Version : Out of state resident going to college in CA


GearHead
12-24-2009, 10:45 PM
Hey CalGuns-

I think I have an answer to this already, but I have a quick question about something rather unique. A search regrettably turned up very little.

I am a CO resident. That is where I was born, where my truck is registered, where my DL is from, where I vote and where I call home. I am currently a junior at a University in the Bay Area. I have had my rifle here for a decent amount of time and did not think anything of it, since CA has no registration on longguns.

However, if I were to bring a handgun into CA (with legal mags of course), would I need to register it? From the searching I conducted, it appears you are only considered a handgun importer if you are planning on becoming a CA resident. I also saw something else that said regardless of your intent, you had to register the handgun with the DOJ within 60 days.

I am a full-time student, if that makes a difference, and I go back home to CO a few times a quarter. I could pretty easily make sure there were no >59 day periods when the gun was continuously in CA.

I ask because I do not want to bring my shiny new Beretta 92FS back to CA with me and run the risk of an overzealous LEO confiscating it because the serial number isn't registered to anything (no registration of any kind legally allowed in CO). Thanks in advance, this site rocks! :D

cntrolsguy
12-24-2009, 11:03 PM
NOt 100% sure but I believe that you are suppose to register as a resident if you reside here for a certain amount of time which will also require you to register your handguns if you brought them with you.
Hopefully someone here can confirm this or call it fud.

GearHead
12-24-2009, 11:07 PM
NOt 100% sure but I believe that you are suppose to register as a resident if you reside here for a certain amount of time which will also require you to register your handguns if you brought them with you.
Hopefully someone here can confirm this or call it fud.

I *believe* that number of days is 366 (at least that is what they use for tuition purposes I think). Thankfully, I have never/will never be here for that long consecutively.

catdonkey
12-25-2009, 2:08 AM
I just want to say that I am in virtually the same situation as the OP (expect I'm from WA state) and I am confused to the point that I am going to be calling the CA DOJ Bureau of Firearms to ask them about this.

All I know is that according to the ATF, full time students are considered residents of the state that they go to school in when they are at school, and residents of their home state when they are at home. This means that if it weren't for CA's stupid rules, you could purchase handguns in CA while at school.

I also know that after establishing a residence in CA (as in literally moving into an Apt, house, dorm, etc) within something like 20 days you are required to get a CA driver's license, with one of the few exceptions being that you are a full time student.

So I see 3 options regarding bringing handguns to CA:

1 - Become a full fledged CA resident, get a CA driver's license, and fill out the New Resident Handgun Ownership Report

2 - Get a california non-driver ID card and use that to fill out the New Resident Handgun Ownership Report, while maintaining residence in your home state

3 - Do nothing. Your time in CA is like a long vacation and you do not have to fill out any forms.

1 isn't really an option for me so I am going to call the DOJ about 3 and then based on that maybe call the DOL about 2.

I will post whatever I find out

GearHead
12-25-2009, 8:16 AM
I just want to say that I am in virtually the same situation as the OP (expect I'm from WA state) and I am confused to the point that I am going to be calling the CA DOJ Bureau of Firearms to ask them about this.

All I know is that according to the ATF, full time students are considered residents of the state that they go to school in when they are at school, and residents of their home state when they are at home. This means that if it weren't for CA's stupid rules, you could purchase handguns in CA while at school.

I also know that after establishing a residence in CA (as in literally moving into an Apt, house, dorm, etc) within something like 20 days you are required to get a CA driver's license, with one of the few exceptions being that you are a full time student.

So I see 3 options regarding bringing handguns to CA:

1 - Become a full fledged CA resident, get a CA driver's license, and fill out the New Resident Handgun Ownership Report

2 - Get a california non-driver ID card and use that to fill out the New Resident Handgun Ownership Report, while maintaining residence in your home state

3 - Do nothing. Your time in CA is like a long vacation and you do not have to fill out any forms.

1 isn't really an option for me so I am going to call the DOJ about 3 and then based on that maybe call the DOL about 2.

I will post whatever I find out

Methinks you will hear FUD from the DOJ, but do let us know what you conclude.

jdogg2000
12-25-2009, 1:44 PM
One thing I would just mention is that if you live on-campus or any affiliated housing, a lot of universities have their own rules regarding firearms or even airguns. I believe its a felony, for example, to have a firearm on ANY University of California property (including off-campus housing, etc.).

GearHead
12-25-2009, 2:17 PM
One thing I would just mention is that if you live on-campus or any affiliated housing, a lot of universities have their own rules regarding firearms or even airguns. I believe its a felony, for example, to have a firearm on ANY University of California property (including off-campus housing, etc.).

Live off campus in a non-University controlled home.

SteveH
12-25-2009, 2:42 PM
You have 10-days from the time you move here to get a California driver's license. If you get pulled over dont tell the cops how long you have been here. You are looking at getting cited for CVC 12500(a) Unlicensed driver and your vehicle towed under CVC 22651(p), especially if you have any employement here, even part time.

Don't know how that will tie into the handgun thing.

GearHead
12-25-2009, 2:52 PM
You have 10-days from the time you move here to get a California driver's license. If you get pulled over dont tell the cops how long you have been here. You are looking at getting cited for CVC 12500(a) Unlicensed driver and your vehicle towed under CVC 22651(p), especially if you have any employement here, even part time.

Don't know how that will tie into the handgun thing.

I think there is an exception for full-time students in this one...if not, a good 50% of the people who go to my school would be in violation.

ETA: If you are a visitor in California over 18 and have a valid driver license from your home state or country, you may drive in this state without getting a California driver license as long as your home state license remains valid. That is from the DMV site. http://www.dmv.ca.gov/dl/dl_info.htm#two500

NiteQwill
12-25-2009, 2:55 PM
You have 10-days from the time you move here to get a California driver's license. If you get pulled over dont tell the cops how long you have been here. You are looking at getting cited for CVC 12500(a) Unlicensed driver and your vehicle towed under CVC 22651(p), especially if you have any employement here, even part time.

Don't know how that will tie into the handgun thing.

No, s/he would establish residency after 366 days, afterwards the 10 day law takes effect. So THEN s/he would have to obtain a California ID/DL.

If what you said were true, a large percentage of college students would be breaking the law.

Physical presence: You must be physically present in California for more than one year (366 days) immediately prior to the residence determination date of the term for which resident classification is requested. You must have come here with the intent to make California your home as opposed to coming to this state to go to school.

Physical presence within the state solely for educational purposes doesn't constitute the establishment of California residence, regardless of the length of your stay. Continuous physical presence isn't mandatory, but a student who leaves California after establishing residence must demonstrate that he/she intended to remain a California resident, and that his/her principal place of residence has been in California. It's the burden of the student to clearly demonstrate retention of California residence during periods of absence from the state.

The physical presence requirement will be extended until the student can demonstrate a concurrence of both physical presence and intent for one full year.

SteveH
12-25-2009, 3:02 PM
No, s/he would establish residency after 366 days, afterwards the 10 day law takes effect. So THEN s/he would have to obtain a California ID/DL.

If what you said were true, a large percentage of college students would be breaking the law.

What CVC section exempts students from the 10-requirement for obtaining a CDL? I looked, I can't find it.

SteveH
12-25-2009, 3:03 PM
I think there is an exception for full-time students in this one...if not, a good 50% of the people who go to my school would be in violation.

ETA: If you are a visitor in California over 18 and have a valid driver license from your home state or country, you may drive in this state without getting a California driver license as long as your home state license remains valid. That is from the DMV site. http://www.dmv.ca.gov/dl/dl_info.htm#two500

That DMV website is about as accurate as the CAL-DOJ BOF website. Once you have a mailing address or job here you are no longer a visitor, you are a resident.

SteveH
12-25-2009, 3:04 PM
doubletap.

GearHead
12-25-2009, 3:05 PM
Once you have a mailing address or job here you are no longer a visitor. you are a resident.

Every University student has a mailing address. That and, as was posted, you need to have continuous presence in the state for 366 days before you can be considered a resident.

GearHead
12-25-2009, 3:06 PM
By your logic, there are several million 20 somethings driving illegally in California.

SteveH
12-25-2009, 3:07 PM
Every University student has a mailing address. That and, as was posted, you need to have continuous presence in the state for 366 days before you can be considered a resident.

What CVC section states that? I didnt see any citation in that cut and paste. People from other states and Mexico get cited for 12500(a) every day inspite of having a Mexican or Nevada dirvers license.

SteveH
12-25-2009, 3:08 PM
By your logic, there are several million 20 somethings driving illegally in California.

Yep. About 11 million illegals and hundreds of thousands of people who moved here from other states more than 10-days ago too.

Seriously if anyone can find a CVC section that exempts college students from the 10-day CDL requirement please post it.

GearHead
12-25-2009, 3:10 PM
In an effort to keep this thread from more derailment, let's focus on the issue at hand, which is NOT the legality of students driving on out of state licenses.

NiteQwill
12-25-2009, 3:18 PM
What CVC section states that? I didnt see any citation in that cut and paste. People from other states and Mexico get cited for 12500(a) every day inspite of having a Mexican or Nevada dirvers license.

It's not the CVC. It's the Education Code.

You establish residency on day 366 as required by law THEN are required to get a CA DL within 10 days. There are several criteria (physical presence, intent, and financial independence) to meet residency requirements as a student in California. Out-of-state students are NOT residents.

New residents with an out-of-state license must obtain a California driver's license within 10 days of establishing a permanent residence in CA.