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View Full Version : Dual residency and the DOJ roster, some questions


Needham
01-17-2010, 12:07 PM
Greetings,
I am a resident of two states, California and one on the east coast. I currently work and have a residence in California. I own a home and spend an appreciable amount of time (vacations and home repair trips) in the other state.

In the next year or two, I will be moving back east. In the mean time, may I purchase an off-roster gun in the other state and legally bring it into California?

When I moved here (to California) originally, I filled out the "New Resident Handgun Ownership Report," AB991 and paid my $19/gun. Could I purchase the pistol, bring it to California, send in another AB991 form, and be without worry?

Would it be prudent to send in the form before bringing the pistol into the state?

Thanks,
Bob

1 SIG fan
01-17-2010, 12:11 PM
Tagged to follow

SJgunguy24
01-17-2010, 12:44 PM
If you buy a gun legally out of state why wouldn't be able to bring it back? Rosterd or not your in the clear. Hell you could buy non rosterd gun and sell them here if you like, nothing illegal about that either.
You cannot bring any hi cap mags that are ready for use, you could bring them in as kits then assemble into 10 or less mags.

IrishPirate
01-17-2010, 12:49 PM
Just make sure the handgun doesn't have any of the AW pistol characteristics and your good to go. Otherwise, you'll be importing an illegal AW into the state. Check here (http://www.calguns.net/caawid/hgflowchart.pdf). Also, no hi-caps allowed in state unless you had them pre-ban. (word to the wise: it's hard to claim you had hi-caps for a gun that wasn't manufactured before the ban......)

Mssr. Eleganté
01-17-2010, 2:02 PM
When I moved here (to California) originally, I filled out the "New Resident Handgun Ownership Report," AB991 and paid my $19/gun. Could I purchase the pistol, bring it to California, send in another AB991 form, and be without worry?

Would it be prudent to send in the form before bringing the pistol into the state?

I think that filling out the New Resident Handgun Ownership Report is the best way to go. The law requires "personal handgun importers" to use that form and "personal handgun importer" is the closest fit to what you would be doing. You don't need to send in the form until after you bring the handgun in.

bombadillo
01-17-2010, 2:09 PM
too bad you couldn't bring back in any ruger chargers! Single shot pistol.....Hmmmm

Needham
01-17-2010, 2:47 PM
Thank you for the responses.

A concern comes to mind. While I am a relatively new resident (few years), I have been here a lot longer than 60 days. Does this preclude me from using the new resident route for importing a non DOJ roster gun? Any pointers to where I could look this up this issue.

Would a consultation with an attorney be in order? Any recommendations for someone that is expert in these matters?

Thanks for the help!
Bob

DedEye
01-17-2010, 4:12 PM
Thank you for the responses.

A concern comes to mind. While I am a relatively new resident (few years), I have been here a lot longer than 60 days. Does this preclude me from using the new resident route for importing a non DOJ roster gun? Any pointers to where I could look this up this issue.

Would a consultation with an attorney be in order? Any recommendations for someone that is expert in these matters?

Thanks for the help!
Bob

It shouldn't. Bwiese has posted on the subject before, and hopefully he can chime in again.

Mssr. Eleganté
01-17-2010, 6:07 PM
A concern comes to mind. While I am a relatively new resident (few years), I have been here a lot longer than 60 days. Does this preclude me from using the new resident route for importing a non DOJ roster gun? Any pointers to where I could look this up this issue.

The Penal Code doesn't require you to register your handgun withing 60 days of you moving to California. It requires you to register your handgun within 60 days of bringing the handgun into California.

12072(f)(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.

Here is part of the definition of "personal handgun importer" from Penal Code Section 12001(n) that applies to your situation...

(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.

Even though you have lived here for a few years, it could be said that every time you come back from being a resident of your other State you "move into this state on or after January 1, 1998."

1 SIG fan
01-17-2010, 6:56 PM
Soo, you could bring in a OFF ROSTER handgun legally.... then even sell it eventually? I thought Roster guns were only sellable to regular folks and off roster guns only sold to LEO etc..?? Please clarify Thx.

Mssr. Eleganté
01-17-2010, 7:06 PM
Soo, you could bring in a OFF ROSTER handgun legally.... then even sell it eventually? I thought Roster guns were only sellable to regular folks and off roster guns only sold to LEO etc..?? Please clarify Thx.

Personal handgun importers can bring in any non-AW handgun that they already own. Once they bring it in to California they can sell it via PPT to a regular person. The Roster only applies to transactions that are processed as dealer sales, like stuff you buy from a dealer's inventory or have shipped to a dealer from out of state.

hoffmang
01-17-2010, 7:43 PM
As long as one registers any handgun that they keep in the state more than 60 days and that handgun does not meet an AW definition (primarily does not have a threaded barrel) then it's completely legal and one should just use the "New Resident" form.

-Gene

SJgunguy24
01-17-2010, 8:48 PM
Soo, you could bring in a OFF ROSTER handgun legally.... then even sell it eventually? I thought Roster guns were only sellable to regular folks and off roster guns only sold to LEO etc..?? Please clarify Thx.

PPT and C&R handguns are exempt from any roster qualifacations, as long as they are not AW's by California law (as mentioned earlier).

B Strong
01-18-2010, 6:31 AM
If you are aresident of another state for part of a year (no overnight hotel stays...) and you purchase firearms legally in that state, and the firearms you wish to bring back to California are California compliant (non-AW's, no high-caps) you can use the Personal Importer form to register the firearms here.

Joe
01-27-2010, 10:18 AM
This is awesome. I have friends who are dual residents. I should let them know about this.