PDA

View Full Version : Importing MY handguns. Suggestions?


Corporal
07-18-2011, 2:50 PM
First Post on these forums. I am a Marine Veteran and California resident since my end of active service in Jan 2010; I was stationed here starting in 2006. I've recently decided that I want to bring two of my handguns out here from my father's home in Georgia. I've heard that I have pass some sort of state mandated pistol qual, have him bring them to an FFL in GA, have them sent to an FFL here in CAL, where I can take delivery after I pay two middle-men. It seems ridiculous that I have to go through this process with property that is already my own. I'm not actually buying anything.

I've also heard tell of it being possible to just bring them into the state in a checked airline bag or by car and simply voluntarily register them with the 19 dollar fee and avoid the headache. I read that the state is just happy that you registered the firearms.

According to my inquiries with DOJ, I am not eligible for the "New Resident" registration because, obviously, I am not a new resident.

I am considering bringing in a Ruger 22-45 pistol for my girlfriend to cut her teeth on and my trusty Remington-Rand 1911 from WWII.

What are you thoughts? Does anyone have a parallel experience?

Briancnelson
07-18-2011, 3:05 PM
You do not have to do all of that if they are your pistols.

You can bring them yourself, or ship them to yourself.

The requirement is that you register it within 60 days of bringing the handgun into the state, not within 60 days of you moving here. There is no requirement you register a handgun you own out of state, so you are in compliance, and will be in compliance so long as you register it within 60 days.

You got FUD from the DOJ, basically :P

Check the very nice wikis at the top of the page for details.

jl123
07-18-2011, 3:07 PM
First Post on these forums. I am a Marine Veteran and California resident since my end of active service in Jan 2010; I was stationed here starting in 2006. I've recently decided that I want to bring two of my handguns out here from my father's home in Georgia. I've heard that I have pass some sort of state mandated pistol qual, have him bring them to an FFL in GA, have them sent to an FFL here in CAL, where I can take delivery after I pay two middle-men. It seems ridiculous that I have to go through this process with property that is already my own. I'm not actually buying anything.

I've also heard tell of it being possible to just bring them into the state in a checked airline bag or by car and simply voluntarily register them with the 19 dollar fee and avoid the headache. I read that the state is just happy that you registered the firearms.

According to my inquiries with DOJ, I am not eligible for the "New Resident" registration because, obviously, I am not a new resident.

I am considering bringing in a Ruger 22-45 pistol for my girlfriend to cut her teeth on and my trusty Remington-Rand 1911 from WWII.

What are you thoughts? Does anyone have a parallel experience?

Bring them in, register them. Make sure all mags are either in compliance or disassembled.

Librarian
07-18-2011, 3:09 PM
The law does not understand moving as a 'process' but seems to treat it as an 'event'. But that's OK - the rule is you must register handguns within 60 days of bringing them into the state.
27560. (a) On or after January 1, 1998, within 60 days of bringing
a handgun into this state, a personal handgun importer shall do one
of the following:
(1) 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.
(2) Sell or transfer the firearm in accordance with the provisions
of Section 27545 or in accordance with the provisions of an
exemption from Section 27545.
(3) Sell or transfer the firearm to a dealer licensed pursuant to
Sections 26700 to 26915, inclusive.
(4) Sell or transfer the firearm to a sheriff or police
department.
So, yes, you may use the new resident form (http://ag.ca.gov/firearms/forms/pdf/ab991frm.pdf)and $19 for each handgun you bring in.

Quiet
07-18-2011, 3:17 PM
IMO...
Go to GA and bring the handguns back to CA.
Once you are back in CA, send in a New Resident Handgun Ownership Form (http://ag.ca.gov/firearms/forms/pdf/ab991frm.pdf) with $19 per handgun to CA DOJ BOF.
Within 2-40 weeks, they will mail you back confirmation of the report.

Reason why...
You did not establish residency in CA until you left active duty in 2010. [PC 12001(o)(2)]
Once the handguns are brought to CA, you have 60 days to register them. [PC 12072(f)(2)(A)(i)]
You can't get in trouble for sending in the registration paperwork after the 60 day time period. [PC 12072(f)(4)(B)]



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.
(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.

Penal Code 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.
(4)(A) It is the intent of the Legislature that a violation of paragraph (2) or (3) shall not constitute a "continuing offense" and the statute of limitations for commencing a prosecution for a violation of paragraph (2) or (3) commences on the date that the applicable grace period specified in paragraph (2) or (3) expires.
(B) Paragraphs (2) and (3) shall not apply to a person who reports his or her ownership of a pistol, revolver, or other firearm capable of being concealed upon the person after the applicable grace period specified in paragraph (2) or (3) expires if evidence of that violation arises only as the result of the person submitting the report described in paragraph (2) or (3).

Corporal
07-18-2011, 3:20 PM
Thanks for the info. I'll just have my dad ship them and then send in the form.

Quiet
07-19-2011, 5:39 AM
Thanks for the info. I'll just have my dad ship them and then send in the form.

Technically, your dad can not ship them to you. Violation of Federal laws.

You have to go back there, pick them up and bring them back to CA or go back there and ship them to yourself.