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View Full Version : Moving from a free state to California, a question for my NFA items...


Double_tap
10-03-2011, 11:36 AM
I noticed a few different photo's on Calguns of SBR's that appear to be "legally" owned by CA residents.

My work had sent a shot across the bow that I may or may not be moving back to CA in the not too distant future, and I want to know the fate of my class three toys.

currently the list consists of 2 SBR's and an SBR upper, and two suppressors all registered in a trust.

now my understand was that I would not only not be allowed to bring those items into california, but I would have to sell them or transfer them out of my possesion upon becoming a california resident. Meaning I could not keep them at my property in Nevada while living in California.

can CALGUNS possibly shed some light on what appears to be a very twisted and ugly spiderweb of convoluted bull**** laws?

morrcarr67
10-03-2011, 11:46 AM
Even with a trust SBR's and Suppressors are illegal in CA.

But, you should be able to keep them at your NV resistance.

ckprax
10-03-2011, 11:48 AM
I am by no means an expert on NFA items in CA, but I know we can obtain SBR and SBS's using an NFA trust so I think with some work you can likely import yours. I have no idea if you existing trust would work.

I am pretty sure you are SOL on the silencers, they are a no-no here.

shooterfpga
10-03-2011, 11:49 AM
http://www.calguns.net/calgunforum/showthread.php?t=82693&highlight=sbr

this is the link you want to look at. ke6guj is the guy you want to talk to.

Double_tap
10-03-2011, 11:50 AM
Do we have an attorney or a gun shop specializing in this type of thing I can talk to? I'd like to get this Ironed out before i start selling stuff.

cmaynes
10-03-2011, 12:21 PM
there are a number of good NFA attorneys who advertise in Small Arms Review-

an email to Dan Shea might be worthwhile.

otherwise, I think you need a Special Occupation Permit to hold those items....you can check with CA DOJ firearms branch- they are actually pretty helpful.

Double_tap
10-03-2011, 12:25 PM
there are a number of good NFA attorneys who advertise in Small Arms Review-

an email to Dan Shea might be worthwhile.

otherwise, I think you need a Special Occupation Permit to hold those items....you can check with CA DOJ firearms branch- they are actually pretty helpful.

can i get some contact info for Dan Shea?

Quiet
10-03-2011, 12:54 PM
Noise Suppressors are totally prohibited in CA.
Only FFL/SOT and Gov/LE/Mil agencies can legally possess them in CA.

Non-C&R SBRs are legal for civilian ownership, but are heavily restricted in CA.
You will need a valid CA DOJ Dangerous Weapons Permit for a SBR, in order to legally possess non-C&R SBRs in CA.

The BATFE will not approve a 5320.20 (http://www.atf.gov/forms/download/atf-f-5320-20.pdf) to transport a SBR into CA, unless the applicant has a valid CA DOJ Dangerous Weapons Permit for a SBR.

In order to get a CA DOJ Dangerous Weapons Permit, you will need a "good cause". Under CA state laws [PC 12095(b)], there is only two acceptable "good causes".
#1) For use in the entertainment (movie/tv) industry [PC 12095(b)(1)]
#2) Making/selling/lending to Gov/Mil/LE agencies. [PC 12095(b)(2)]

IMO...
Store your NFA firearms in another state.
BATFE NFA Branch says you can legally store them in another state, so do so.



Penal Code 12095
(a) If it finds that it does not endanger the public safety, the Department of Justice may issue permits initially valid for a period of one year, and renewable annually thereafter, for the manufacture, possession, transportation, or sale of short-barreled shotguns or short-barreled rifles upon a showing that good cause exists for the issuance thereof to the applicant for the permit. No permit shall be issued to a person who is under 18 years of age.
(b) Good cause, for the purposes of this section, shall be limited to only the following:
(1) The permit is sought for the manufacture, possession, or use with blank cartridges, of a short-barreled rifle or short-barreled shotgun, solely as props for a motion picture, television, or video production or entertainment event.
(2) The permit is sought for the manufacture of, exposing for sale, keeping for sale, sale of, importation or lending of short-barreled rifles or short-barreled shotguns to the entities listed in paragraph (1) of subdivision (b) of Section 12020 by persons who are licensed as dealers or manufacturers under the provisions of Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.

wildhawker
10-03-2011, 1:19 PM
I highly recommend that you contact a specialized California gun law attorney rather than simply one with NFA practice experience:

Northern California / Bay Area:
Mr. Donald Kilmer
Law Offices of Donald Kilmer, A Professional Corporation
1645 Willow Street, Suite 150
San Jose, CA 95125
info@dklawoffice.com
T: (408) 264-8489
F: (408) 264-8487

Southern California:
Mr. Jason Davis
Davis and Associates
27281 Las Ramblas, Suite 200
Mission Viejo, CA 92691
info@calgunlawyers.com
T: 949.310.0817
F: 949.288.6894

Do we have an attorney or a gun shop specializing in this type of thing I can talk to? I'd like to get this Ironed out before i start selling stuff.

cmaynes
10-03-2011, 2:26 PM
can i get some contact info for Dan Shea?

Dan can be reached here- http://www.longmountain.com/classes/


but I would suggest calling the folks Brandon posted first- Dan would probably say the same thing- he is a good source of knowledge for most NFA issues otherwise.

Double_tap
10-03-2011, 4:46 PM
thanks fellas, Jason and I got in touch today and he had some very helpful info for me.

shooterfpga
10-03-2011, 7:21 PM
awesome, glad you were able to talk to someone with the info.

Sent from my PC36100 using Tapatalk

thmpr
10-03-2011, 7:35 PM
it does not sound right to have someone from out of state to be able to use their NFA rifles when to they move to CA. Where does that leave CA residents? SOL?

ckprax
10-03-2011, 8:54 PM
it does not sound right to have someone from out of state to be able to use their NFA rifles when to they move to CA. Where does that leave CA residents? SOL?

You are able to obtain and use certain NFA items as a CA resident. It involves setting up an NFA trust. If you are interested, you could contact some of the people mentioned in this thread to get the details.

Here is a thread on the subject:

http://calguns.net/calgunforum/showthread.php?t=82693