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metalliman545
09-05-2010, 5:01 AM
ok so im in the military and im stationed in GA. i technically am still a resident by definition of Ca.
now as some know, Ga is VERY lax with firearms. if buy a few pistols what would i have to do to get them to california legally? i wouldnt need to fill out the new resident report and from my understanding im exempt from the handgun safety course because im Active duty military.

sooooo would i be able to just come back to california with them? it said registration is only required for new residents that brought them from out of state.

Quiet
09-05-2010, 5:15 AM
If you are active duty military and stationed in GA, you are considered a resident of GA for the purpose of firearm transfers (even though you may have a CA DL/ID).

When you purchase a firearm in GA, show them your military ID and your orders for GA.

You are not required to register any firearm you bring back to CA.
Just make sure it is CA legal (non-assault weapon, non-SBS, etc.) and you can not bring back any large capacity magazines you acquire in GA (break them down into parts).



27 CFR 478.11
State of residence.
The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3. A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.

metalliman545
09-05-2010, 5:22 AM
so when i buy the PISTOLS that i want (cali legal ones of course) i would have to fill out that new resident report form to have my pistols legally in the state?

$P-Ritch$
09-05-2010, 7:17 AM
They can be any pistol as long as they do not violate CA assault weapon laws. I just moved back from GA about 18months ago when I got out of the military. I had five off-roster handguns that I brought back with me (LCP, XDm's, various 1911's). All the DOJ wants you to do is fill out their little declaration form and pay $19 per pistol.

You are in a unique situation that is to your advantage for buying the handgun YOU want. There is no requirement to settle for something that's on the roster. If you want verification call the DOJ directly and they'll give you the same answer, at they did for me when I called.

Their general info number is: (916) 263-4887

$P-Ritch$
09-05-2010, 7:35 AM
You are not required to register any firearm you bring back to CA.
Just make sure it is CA legal (non-assault weapon, non-SBS, etc.) and you can not bring back any large capacity magazines you acquire in GA (break them down into parts).


That is not true for handguns.

I am moving into California and I own several handguns. What are the new-resident registration requirements?

You are considered to be a personal handgun importer as defined by California law. You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the New Resident Handgun Ownership Report. [PDF 518 kb / 2 pg] You are not required to report rifles or shotguns. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California.

(PC sections 12001(n), 12072(f)(2))

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.
(ii) Sell or transfer the firearm in accordance with the provisions of subdivision (d) or in accordance with the provisions of an exemption from subdivision (d).
(iii) Sell or transfer the firearm to a dealer licensed pursuant to Section 12071.
(iv) Sell or transfer the firearm to a sheriff or police department.

I guess you don't technically have to register it, but the only other legal option would be to sell as soon as you moved back here.

Quiet
09-05-2010, 8:04 AM
so when i buy the PISTOLS that i want (cali legal ones of course) i would have to fill out that new resident report form to have my pistols legally in the state?
No.
Because you are not a new resident.
CA still considers you a resident of CA because you still have a CA DL.

Therefore, you fall under the quandry that dual residents have.

There is no requirement to register handguns you acquired while residing in another state because you are still a CA resident.

Now, if you gave up your CA DL for a GA DL and then moved back to CA. You will be considered a new resident of CA and are required to register all the handguns you bring with you to CA.

Don't give up the CA DL, CA will still consider you a CA resident, even though you are residing in another state.

metalliman545
09-05-2010, 10:10 AM
thank you guys so much. looks like im going to have quite a great year before i get outta the army! :) no one a month rules here!

OneSevenDeuce
09-05-2010, 10:32 AM
thank you guys so much. looks like im going to have quite a great year before i get outta the army! :) no one a month rules here!

Two words... Off Roster. :D

Curmudgeon
09-05-2010, 3:31 PM
As a Georgia citizen, I welcome you to our great state and I thank you for your military service. Check out georgiapacking.org to get info on your firearms rights here.

Also, be aware that the Mayor of NYC has been stirring a stink down here about alleged straw purchases for resell in NYC. As a result, some dealers may get a bit wonky if you try to buy more than one at a time, especially if you are not a GA resident. Hopefully, your military status will keep that from happening.

Gun shows: Cost you to get in and are usually more expensive than brick and mortar dealers. Also, if you can get to Georgia Arms, you can stock up on high quality range ammo.

vta
09-05-2010, 6:20 PM
thank you guys so much. looks like im going to have quite a great year before i get outta the army! :) no one a month rules here!

sounds like it. i say you do us all a favor and bring home as many off list pistols as you can :)

i spent a couple weeks in Savannah, Georgia earlier this year. its a beautiful part of our country.

SickofSoCal
09-05-2010, 6:31 PM
Doesn't Georgia allow tinted driver and passenger windows too? : - )

metalliman545
09-05-2010, 11:35 PM
Doesn't Georgia allow tinted driver and passenger windows too? : - )
well im in hinesville so theres a really strict requirement about how tinted they can be like only 10% tint allowed haha.

ok ok sooo since were on the subject, i took a look at that 1300 pistol list, well. where to start? whats some good off roster .45apc and a some 357s not TOO expensive. I MIGHT try and buy a .50ae Desert eagle those arent on the list right?
i know at mission essentials they are only like 700-900 or something

SickofSoCal
09-05-2010, 11:39 PM
well im in hinesville so theres a really strict requirement about how tinted they can be like only 10% tint allowed haha.

ok ok sooo since were on the subject, i took a look at that 1300 pistol list, well. where to start? whats some good off roster .45apc and a some 357s not TOO expensive. I MIGHT try and buy a .50ae Desert eagle those arent on the list right?
i know at mission essentials they are only like 700-900 or something

Still better than Cali tho!

maddoggie13
09-05-2010, 11:45 PM
So, are you going to help all your calguns' brothers and sisters by buying off-list handguns for PPT to us??? You can make lots of $$$ by add $100 on top of what you paid for each off-list handguns. I'm sure you will get a large wish list...lets see:
- Sig P238
- Colt Python
- etc...
:party:

metalliman545
09-05-2010, 11:55 PM
So, are you going to help all your calguns' brothers and sisters by buying off-list handguns for PPT to us??? You can make lots of $$$ by add $100 on top of what you paid for each off-list handguns. I'm sure you will get a large wish list...lets see:
- Sig P238
- Colt Python
- etc...
:party:

seeee i thought of that but wouldnt that be considered some sort of straw pool? lol.

now i could see myself getting a few pistols im not too fond of....

haha but no seriously what kind of cool guns are on there? im not too much of a pistol guy i own all rifles right now. and i need to start stock piling on mail order pistol ammo cuz of that law! ive got about 5000 rounds of shoulder fire ammo already stored

metalliman545
09-05-2010, 11:59 PM
sounds like it. i say you do us all a favor and bring home as many off list pistols as you can :)

i spent a couple weeks in Savannah, Georgia earlier this year. its a beautiful part of our country.

it sure is, im stationed in fort stewart about 45 minutues south of Sav. currently in iraq but i will be there in december to clear out the gun shop! lol. hell even pawn shop

1911Operator
09-06-2010, 12:20 AM
I was in the same exact boat as you. I just got out of 3rd ID and came back with my off roster guns. you can PM if you want. I can probably tell you a few things.

glockwise2000
09-06-2010, 12:30 AM
seeee i thought of that but wouldnt that be considered some sort of straw pool? lol.

now i could see myself getting a few pistols im not too fond of....

haha but no seriously what kind of cool guns are on there? im not too much of a pistol guy i own all rifles right now. and i need to start stock piling on mail order pistol ammo cuz of that law! ive got about 5000 rounds of shoulder fire ammo already stored

No straw pool in here for you have to go to an FFL dealer to transfer the firearms. You can not do an FTF cash and carry for modern handguns in here.

metalliman545
09-06-2010, 12:39 AM
No straw pool in here for you have to go to an FFL dealer to transfer the firearms. You can not do an FTF cash and carry for modern handguns in here.

well im sure i could work something out between some people than.... 75% markup! lol. naw well im sure something could work out, im def not paying the fees and id only stay within ventura county.

Mac Attack
09-06-2010, 9:03 AM
Welcome to the wonderful state of GA! Are you at Ft. Benning, Ft. McPherson, Ft. Gillem or Dobbin's? The great thing about GA is you can buy and take home our firearm purchases the same day...no 10 day wait... if you have a GA CCW. I do believe that a serviceman's military ID is accepted as a CCW, but I will leave it to my other GA brothers to answer that.

metalliman545
09-06-2010, 10:08 AM
Welcome to the wonderful state of GA! Are you at Ft. Benning, Ft. McPherson, Ft. Gillem or Dobbin's? The great thing about GA is you can buy and take home our firearm purchases the same day...no 10 day wait... if you have a GA CCW. I do believe that a serviceman's military ID is accepted as a CCW, but I will leave it to my other GA brothers to answer that.

ive heard the same thing but id rather not risk it. wouldnt want to be mistaken for another major hassan

im at fort stewart actually lol. and yea i know about the no waiting, i was there for a year and a half and now im in iraq. and ill be 21 when i come back from iraq soo yea :D

blackbox
09-06-2010, 3:34 PM
No.
Because you are not a new resident.
CA still considers you a resident of CA because you still have a CA DL.

Therefore, you fall under the quandry that dual residents have.


I post this every time this thread comes up. The form is mis-named. There is no quandry.

There is absolutely nothing in the actual law (PC12072) referring to a new resident. The relevant section of the PC refers to Personal Handgun Importer. You need to sell or register your handguns within 60 days of physically importing them into CA. This timeframe has nothing to do with your residency status.

RolinThundr
09-06-2010, 4:06 PM
The "New Resident Handgun Ownership Report" form's title demonstrates the assumption of the State that all handguns in possession at the time of the ban, and purchased since, have been registered and so the only persons required to notify the State of handgun ownership would be new residents to the state. You will have to register the handguns per PC sections 12001(n), 12072(f)(2), as posted earlier. No exemptions to this are outlined and so far no one that says you don't have to register them has actually quoted the legal exemption.

And in case it hasn't been mentioned, don't buy a Taurus Judge. There's a discussion on it every two weeks. By CA law it is a SBS, roster or no roster, can't own it in CA.

Quiet
09-06-2010, 4:25 PM
I post this every time this thread comes up. The form is mis-named. There is no quandry.

There is absolutely nothing in the actual law (PC12072) referring to a new resident. The relevant section of the PC refers to Personal Handgun Importer. You need to sell or register your handguns within 60 days of physically importing them into CA. This timeframe has nothing to do with your residency status.

Orly?
If residency status has nothing to do with being a personal handgun importer, then explain PC 12001(n)(6).

Since, the OP is active-duty military and is from CA, as long as he retained his CA DL, CA will still consider him a CA resident. Even though he is stationed in GA.

There is no CA law that requires a dual resident of CA to register handguns they acquired in another state.


Penal Code 12001
(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.

ke6guj
09-06-2010, 4:25 PM
I post this every time this thread comes up. The form is mis-named. There is no quandry.

There is absolutely nothing in the actual law (PC12072) referring to a new resident. The relevant section of the PC refers to Personal Handgun Importer. You need to sell or register your handguns within 60 days of physically importing them into CA. This timeframe has nothing to do with your residency status.

"personal Handgun importer" has a specific definition.


12001(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.

I read sub-section 6 as only applying to those that moved into the state as a new resident of the state after 1-1-98.

edit: too slow :D

blackbox
09-06-2010, 4:57 PM
Orly?
If residency status has nothing to do with being a personal handgun importer, then explain PC 12001(n)(6).

I didn't say residency status has nothing to do with it, I said residency status has nothing to do with the timeframe for registering. 1998 was 12 years ago, its a given that anyone this is relevant to is moving (back?) to CA after 1998. (Note that it doesn't say first moves to CA).

Many people think you have 60 days from becoming a resident, but you can still be a personal handgun importer years after moving here, if you still own or legally accquire handguns elsewhere.


Since, the OP is active-duty military and is from CA, as long as he retained his CA DL, CA will still consider him a CA resident. Even though he is stationed in GA.

Not from the federal BATF's point-of-view:
http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency
The whole reason he can buy firearms in GA (which you or I could not, if we drove there on vacation), is that he's a resident. Remember, it is federally illegal to accquire a handgun outside your state of residence...

There is no CA law that requires a dual resident of CA to register handguns they acquired in another state.

Interesting... I wasn't even thinking of that angle at all. Not entirely sure, but CA seems to use the term "part-year-resident" not "dual-resident", so I wouldn't bet on that logic.

Colt-45
09-06-2010, 8:50 PM
so when i buy the PISTOLS that i want (cali legal ones of course) i would have to fill out that new resident report form to have my pistols legally in the state?

You're not subject to the roster. You can pretty much buy anything you like except for the judge and bring it back.

vta
09-06-2010, 9:05 PM
well im sure i could work something out between some people than.... 75% markup! lol. naw well im sure something could work out, im def not paying the fees and id only stay within ventura county.

Works for me! I am in ventura! you gotta let a fellow ventucky calgunner have first dibs on what you decide not to keep :)

metalliman545
09-06-2010, 10:21 PM
Works for me! I am in ventura! you gotta let a fellow ventucky calgunner have first dibs on what you decide not to keep :)

haha yea welllll i still dont know much about pistols. any suggestions? as long as its under 600 i shoudlnt see too much a problem getting one that i wouldnt like to keep

metalliman545
09-06-2010, 10:26 PM
ok ok, so when i buy them and come home, what exactly do i do.
thats is my next question.

metalliman545
09-06-2010, 10:28 PM
home meaning back to california.

Ron-Solo
09-06-2010, 10:54 PM
Thank you for your service.

I'd recommend you fill out the voluntary registration form when you get home.

Be safe!

vta
09-06-2010, 11:01 PM
1911operator would probably be a good person to ask about that since he sounds like he has done this exact thing.

From what I understand, since you are already a CA resident, you don't have to do anything to bring it back in CA. I agree with QUIET that since you do not meet 12001(n)(6), you do not qualify as a Personal Handgun Importer as the language specifically states that you must meet 'all' of the items listed.

worst case scenario, you would just file the volreg form by mail and pay the nominal fee (i think its just $19). even on roster handguns in CA cost at least that much more than they are in Georgia.

Mssr. Eleganté
09-06-2010, 11:11 PM
...I read sub-section 6 as only applying to those that moved into the state as a new resident of the state after 1-1-98.

It doesn't say new resident. It just says "as a resident."

When he returns to California from his station in Georgia I think a case could be easily made that he "moved into this state...as a resident of this state". It sounds like a "personal handgun importer" to me.

vta
09-06-2010, 11:19 PM
It doesn't say new resident. It just says "as a resident."

When he returns to California from his station in Georgia I think a case could be easily made that he "moved into this state...as a resident of this state". It sounds like a "personal handgun importer" to me.

i think the problem is that when Section 12001 was written, they didn't anticipate active duty military CA residents being able to buy handguns in the state where they are stationed. The legislator probably assumed that in order for a person to legally buy a firearm from another state, they have to be a resident of that state. Using that rationale, I am interpreting that [n][6] is indeed talking about someone either applying for 'new' residency or needing to reapply to become CA resident once again. the OP is merely traveling away from CA temporarily and never moved away as his residency. He still pays CA state income tax and all of the other associated obligations such as his car registration, etc as a CA resident i assume.

Although since the code doesn't explicitly state what moving into the state as a resident means, it might be safer just to voluntary register them. is there any kind of legal precedence on this?

1911Operator
09-06-2010, 11:27 PM
A lot of people think they have to have "off roster" guns but a CA legal gun is just as good if not better. off roster just means theres something that the gun dsnt have like chamber indicator, or mag disconnect making it "evil" in CA's eyes. super lame if you ask me. too bad all those "evil" guns are the best looking ones too. :mad: but id be happy with any roster approved gun.

vta
09-06-2010, 11:34 PM
A lot of people think they have to have "off roster" guns but a CA legal gun is just as good if not better. off roster just means theres something that the gun dsnt have like chamber indicator, or mag disconnect making it "evil" in CA's eyes. super lame if you ask me. too bad all those "evil" guns are the best looking ones too. :mad: but id be happy with any roster approved gun.

i dont care for many of the off list handguns either and think we probably have some of the best ones on our list. although the problem lies in the new mag disconnect and chamber indicator requirement that went into effect recently. those things do nothing but cause reliability issues so manufacturers would rather not include them in the new models. that means if we dont want those in our guns we are stuck with the guns that are grandfathered into the roster and nothing newer. Perfect examples are new 1911s, XDMs, Gen4 Glocks.

1911Luvr
09-07-2010, 12:32 AM
Okay, so for my first order I'd like the XDm .45 please, followed by a Colt Delta Elite! Lol