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View Full Version : Moving back to CA and have hk45


jt1911
07-06-2012, 11:10 AM
So I've been up in WA for school and while I was up here I picked up a HK45. So I'm moving back to CA now that I'm done and I'm just making sure I can bring the hk45 back. It has a 10 round clip and I thought all I needed to do when I got back in the state was register it and it would be fine. Am I right? Thanks

Robidouxs
07-06-2012, 11:13 AM
Yes, you are correct.

nocomply25
07-06-2012, 11:24 AM
by a few more popular guns...to shoot and when you get bored you can sell them ;). things that people would pay a lot for here in CA...Of course only if you where to sell because you would never purchase a gun to sell in CA just for that reason...

secretspoon
07-06-2012, 12:41 PM
Just make sure you're not bringing it with a threaded barrel - because somehow, a threaded barrel = big, scary AW.

Gotta love these laws...

phrogg111
07-06-2012, 12:53 PM
It's a $19 fee per handgun that you bring back to California when you move here/move back here. Had to do it when I got off active duty. DOJ raped me for more than $200. Anyway, you have 60 days once you're back to have paperwork mailed in. The form is available on the CA DOJ's website.

If the pistol isn't an assault weapon by CA standards, it's good. Doesn't even have to be on the CA handgun roster.

Rifles? No registration. Bought an AR lower in Texas while active duty, and brought the rifle back CA-legal, didn't have to do anything once I got it here. =]

vliberatore
07-06-2012, 12:57 PM
Anyway, you have 60 days once you're back to have paperwork mailed in. The form is available on the CA DOJ's website.

60 days from when you become a resident, correct?

phrogg111
07-06-2012, 12:58 PM
60 days from when you become a resident, correct?

60 days from the day you import the firearm.

secretspoon
07-06-2012, 1:05 PM
Here's the info:
http://oag.ca.gov/firearms/ab99

jt1911
07-06-2012, 1:10 PM
Great. Thanks guys, that is a relief.

I actually was considering buying an XDM 9mm also but I thought making the clip be a 10 rounder was too much of a pain. . . Oh well.

NorCal Mtn Flyer
07-06-2012, 1:27 PM
60 days from the day you import the firearm.

60 days, even if you are not a resident?

How about if I were to come back and live in my house for a couple of months, with no intention of living in CA full time or becoming a resident again?

Hypothetically, how would this affect my transiting through CA from CO enroute to AK? Would I be allowed to bring certain arms with me which CA does not want me to have, provided they were kept in a locked case?

phrogg111
07-06-2012, 1:34 PM
60 days, even if you are not a resident?

How about if I were to come back and live in my house for a couple of months, with no intention of living in CA full time or becoming a resident again?

Hypothetically, how would this affect my transiting through CA from CO enroute to AK? Would I be allowed to bring certain arms with me which CA does not want me to have, provided they were kept in a locked case?


Would you be able to bring back assault weapons or high capacity magazines? No. You could take the mags apart ("10 round magazine kits") and maybe make the assault weapon a non-assault weapon configuration, but you'd have to really know the laws, and every gun will be different.

If you're here more than 60 days with your handgun, you've committed a felony of "trafficking handguns across state lines" or something dumb, if I'm not mistaken.

If you're only living in CA less than 60 days at a time, and your handguns never stay here more than 60 days at a time, then you're not a resident of CA, and you're a resident of somewhere else instead, right? So you would be a non-resident importing a legal firearm from out of state to use while you're temporarily here.

Non-residents bringing their non-"assault weapon" guns with magazines that hold 10 rounds or less are fine to bring guns in/out of the state. Locked cases are mandatory fun for all guns in cars here. Not fine to buy/sell.

If you have a residence somewhere other than CA, then you can just claim you only brought the handguns here and bring them to/from. Do not store them here without registering them. If you don't have a residence somewhere other than CA, then you're probably going to need to become a resident by local law anyway - get a CA driver's license with a CA address, etc.

Quiet
07-06-2012, 5:17 PM
60 days starting after you become a CA resident and when the firearm entered CA.

Need to become a CA resident, in order to become a "personal firearm importer". [PC 17000(a)(6)]

60 day time period starts when the "personal firearm importer" brings the firearm into CA. [PC 27560(a)]

Failure to report is a misdemeanor. [PC 27590(a)]
But, there is no penalty for reporting past the 60 day time period. [PC 27570]


Penal Code 17000
(a) As used in this part, until January 1, 2014, any reference to the term "personal firearm importer" shall be deemed to mean "personal handgun importer" and, on and after January 1, 2014, any reference to the term "personal handgun importer" shall be deemed to mean "personal firearm importer." A "personal handgun importer," until January 1, 2014, and commencing January 1, 2014, a "personal firearm importer" means an individual who meets all of the following criteria:
(1) The individual is not a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(3) The individual 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) The individual is the owner of a firearm.
(5) The individual acquired that firearm outside of California.
(6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after January 1, 2014, as a resident of this state.
(7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, he or she intends to possess that firearm within this state on or after January 1, 2014.
(8) The firearm was not delivered to the individual by a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, who delivered that firearm following the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm.
(10) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(11) The firearm is not an assault weapon.
(12) The firearm is not a machinegun.
(13) The person is 18 years of age or older.
(14) The firearm is not a .50 BMG rifle.
(15) The firearm is not a destructive device.
(b) For purposes of paragraph (6) of subdivision (a):
(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 a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.

Penal Code 27560
(a) Within 60 days of bringing a handgun, and commencing January 1, 2014, any firearm, into this state, a personal firearm 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 Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(4) Sell or transfer the firearm to a sheriff or police department.

Penal Code 27590
(a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.

Penal Code 27570
(a) It is the intent of the Legislature that a violation of Section 27560 or 27565 shall not constitute a "continuing offense" and the statute of limitations for commencing a prosecution for a violation of Section 27560 or 27565 commences on the date that the applicable grace period specified in Section 27560 or 27565 expires.
(b) Sections 27560 and 27565 shall not apply to a person who reports ownership of a handgun after the applicable grace period specified in Section 27560 or 27565 expires if evidence of that violation arises only as the result of the person submitting the report described in Section 27560 or 27565.

IVC
07-06-2012, 7:54 PM
One more thing you have to do when you get here is stop calling magazine a "clip." I'm surprised nobody jumped on you yet :).

Silverlake223
07-06-2012, 8:05 PM
Don't move back to the PRK!

EuReekCA
07-08-2012, 6:45 AM
One more thing you have to do when you get here is stop calling magazine a "clip." I'm surprised nobody jumped on you yet :).

:iagree: