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Mercenetti
09-13-2012, 6:54 PM
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Snoopy47
09-13-2012, 7:56 PM
Nope, the only thing being in the military gets you is can skip the Hand Gun Safety Card thing.

However, when you are stationed outside of CA you can follow those laws. So you need the gun before you get here. Too bad you can't bring in a normal AR.

Quiet
09-13-2012, 7:57 PM
Being a member of the US military does not exempt you.

A CA FFL dealer can only transfer a handgun that is not on the Roster of Handguns Certified for Sale via Law Enforcement Officer sale, Private Party Transfer, out-of-state intra-familial gift, single-shot pistol exemption or single-action revolver exemption.

Ducman
09-13-2012, 7:59 PM
what if military person is from free state and is going to be station to california. are they allowed to bring their personal weapon?

keenkeen
09-13-2012, 8:03 PM
what if military person is from free state and is going to be station to california. are they allowed to bring their personal weapon?

Military person or "regular person" ;) , roster does not impact importing as an individual.

As long as it does not have banned features...

markw
09-13-2012, 11:14 PM
If you are active duty military, you can not be considered an "importer" as you are not moving here to be a resident. So any guns you bring into California just have to be legal to own here. Ie. no 10+ round magazines, or threaded barrels. You also are not required to "register" anything when you get here. The 60 day clock starts if you are discharged and decide to stay here. (like I did). You also have the convenience of being able to purchase firearms here by showing your PCS orders and your ID card. However pistols will have to be roster approved. If you are not a resident, then you can also purchase firearms in your state of residence, and bring them to California. Again, same rules apply no 10+ round magazines, and they must be otherwise legal to own here. Ie. if you are purchasing in CA, then CA rules apply and you get an HSC exemption. If you are purchasing it "back home" then home rules apply, and you need to disassemble hi-caps at the border.

RickD427
09-13-2012, 11:43 PM
If you are active duty military, you can not be considered an "importer" as you are not moving here to be a resident. So any guns you bring into California just have to be legal to own here. Ie. no 10+ round magazines, or threaded barrels. You also are not required to "register" anything when you get here. The 60 day clock starts if you are discharged and decide to stay here. (like I did). You also have the convenience of being able to purchase firearms here by showing your PCS orders and your ID card. However pistols will have to be roster approved. If you are not a resident, then you can also purchase firearms in your state of residence, and bring them to California. Again, same rules apply no 10+ round magazines, and they must be otherwise legal to own here. Ie. if you are purchasing in CA, then CA rules apply and you get an HSC exemption. If you are purchasing it "back home" then home rules apply, and you need to disassemble hi-caps at the border.

This is an excellent post. You should also be aware that you can purchase, via a PPT, an off-roster firearm.

and, Thank you for your service to our country.

Vz58man
09-13-2012, 11:59 PM
I just found out about this Off-roster thing too. It is by far the most restrictive and meaningless gun control law of CA.


If you are active duty military, you can not be considered an "importer" as you are not moving here to be a resident. So any guns you bring into California just have to be legal to own here. Ie. no 10+ round magazines, or threaded barrels. You also are not required to "register" anything when you get here. The 60 day clock starts if you are discharged and decide to stay here. (like I did). You also have the convenience of being able to purchase firearms here by showing your PCS orders and your ID card. However pistols will have to be roster approved. If you are not a resident, then you can also purchase firearms in your state of residence, and bring them to California. Again, same rules apply no 10+ round magazines, and they must be otherwise legal to own here. Ie. if you are purchasing in CA, then CA rules apply and you get an HSC exemption. If you are purchasing it "back home" then home rules apply, and you need to disassemble hi-caps at the border.


So, essentially, I could've brought down my rare wheelguns from WA state, (thing as how I didnt become a legal "resident" until 1 year later).....GAVE them to a family member(FTF familial transfer) and then "bought" them back as a PPT?

The "Roster" is Californias way of trying to eventually Phase out ALL new firearm importation.

Librarian
09-14-2012, 12:04 AM
So, essentially, I could've brought down my rare wheelguns from WA state, (thing as how I didnt become a legal "resident" until 1 year later).....
GAVE them to a family member(FTF familial transfer) and then
"bought" them back as a PPT?

Why would you do that complicated dance?

Bring in anything not illegal.

File the new resident registration, $19 for each handgun.

Done.

See also the wiki -- http://wiki.calgunsfoundation.org/Moving_to_California_with_firearms

Quiet
09-14-2012, 3:21 PM
Why would you do that complicated dance?

Bring in anything not illegal.

File the new resident registration, $19 for each handgun.

Done.

See also the wiki -- http://wiki.calgunsfoundation.org/Moving_to_California_with_firearms

What he said.



So, essentially, I could've brought down my rare wheelguns from WA state, (thing as how I didnt become a legal "resident" until 1 year later).....GAVE them to a family member(FTF familial transfer) and then "bought" them back as a PPT?
FYI.
Part in bold, would be Federal felonies (felony for the giver and felony for the receiver).
Federal laws require transfers between residents of different states to be done through a FFL in the recipient's state of residence.
There is no gift exemption to the Federal laws.

snook135
09-14-2012, 6:22 PM
I see it different, and a way around it legally. IE:

I am a military member, stationed in CA, but I am a Florida resident. Therefore when I visit home (Florida) I can purchase an off roster handgun, and bring it into the state of CA.

Since I am stationed in CA, and not required to register my handguns, there won't be any record of me bringing a off roster handgun into CA. Especially if I buy it by PPT in Florida.

As long as it's CA legal, no threaded barrel, no hicap, etc... I can purchase what I want off roster back home and bring it with me back to CA at any time.

Am I right? Or am I right?

Although, since I won't be going back home to visit till next year, I did purchase a dan wesson razorback, and a colt delta elite, both original models in 10mm before I PCS'd to CA

kauaibuilt
09-14-2012, 8:25 PM
I see it different, and a way around it legally. IE:

I am a military member, stationed in CA, but I am a Florida resident. Therefore when I visit home (Florida) I can purchase an off roster handgun, and bring it into the state of CA.

Since I am stationed in CA, and not required to register my handguns, there won't be any record of me bringing a off roster handgun into CA. Especially if I buy it by PPT in Florida.

As long as it's CA legal, no threaded barrel, no hicap, etc... I can purchase what I want off roster back home and bring it with me back to CA at any time.

Am I right? Or am I right?

Although, since I won't be going back home to visit till next year, I did purchase a dan wesson razorback, and a colt delta elite, both original models in 10mm before I PCS'd to CA

Uhhh, iirc its a felony acutally. If your orders have you stationed in CA then your "home of residence" for firearms purchase is CA. The only way you could do what youre stating is if you live/are a resident of AZ but orders state you're stationed in CA. Since your physical home is AZ but your orders have you in CA you are technically a dual resident and can buy guns in either state.

Since you dont spend an inordinate amount of time in FL during the course of the week, month, whatever you are not considered to have dual residency.

If you do a quick search this has been covered several times on CG. You can also check with the ATF and its explained there as well.

boomer135
09-14-2012, 8:35 PM
I still own my house in florida, and hold a FL drivers license and pay my FL property taxes, I am still a permanent resident of FL. Just a temporary resident in CA with military orders. So I can legally purchase in both states.

keenkeen
09-14-2012, 8:57 PM
Uhhh, iirc its a felony acutally. If your orders have you stationed in CA then your "home of residence" for firearms purchase is CA. The only way you could do what youre stating is if you live/are a resident of AZ but orders state you're stationed in CA. Since your physical home is AZ but your orders have you in CA you are technically a dual resident and can buy guns in either state.

Since you dont spend an inordinate amount of time in FL during the course of the week, month, whatever you are not considered to have dual residency.

If you do a quick search this has been covered several times on CG. You can also check with the ATF and its explained there as well.

I still own my house in florida, and hold a FL drivers license and pay my FL property taxes, I am still a permanent resident of FL. Just a temporary resident in CA with military orders. So I can legally purchase in both states.

kauaibuilt is correct, in order to buy in FL still you would need to have a Permanent Duty Station in CA that you commuted to while maintaining your home in FL. Without that you are considered a resident of CA while you are stationed here.

kauaibuilt
09-14-2012, 10:21 PM
I still own my house in florida, and hold a FL drivers license and pay my FL property taxes, I am still a permanent resident of FL. Just a temporary resident in CA with military orders. So I can legally purchase in both states.

Heres your answer:

Quote:
Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency

Librarian
09-15-2012, 12:46 AM
I still own my house in florida, and hold a FL drivers license and pay my FL property taxes, I am still a permanent resident of FL. Just a temporary resident in CA with military orders. So I can legally purchase in both states.

Heres your answer:

Quote:
Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State.

A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located.

If a member of the Armed Forces maintains a home in one State and the memberís permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained.
http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency

Right; BATF has different rules for buying guns than other parts of the .gov have for things like voting, car licensing, and taxes.

I don't like it, but nothing available refutes the 'only where PCS orders place you' language (excepting that 'commute' thing).

boomer135
09-15-2012, 4:48 AM
well I guess that sums it up. Thanks!

Now onto other firearms I left in my home state:

Technically since I don't have to DROS my handguns, I could bring some other handguns back to CA my next trip home? Off roster? Provided they are CA legal,

kauaibuilt
09-15-2012, 5:00 AM
well I guess that sums it up. Thanks!

Now onto other firearms I left in my home state:

Technically since I don't have to DROS my handguns, I could bring some other handguns back to CA my next trip home? Off roster? Provided they are CA legal,

Yeah just make sure no threaded barrels or hi-caps.

Trust me it SUCKS! I got the mil-ID, got "military" as the expiration date on my WA drivers license with WA address on it, have a house in WA state, up until last year I had my LTC in WA - with the DL and LTC alone I could walk into a shop, buy whatever, wait 5 min for FBI clearance, and walk out with it.... *sniffle* the good old days....

boomer135
09-15-2012, 9:38 AM
yeah I won't push the issue any further. Now to find a range in the Travis AFB area. I just moved here, so I won't have my reloading equipment for awhile. Looks like I'm off to a few places to shop and try to find some 10mm ammo... LOL

Yeah just make sure no threaded barrels or hi-caps.

Trust me it SUCKS! I got the mil-ID, got "military" as the expiration date on my WA drivers license with WA address on it, have a house in WA state, up until last year I had my LTC in WA - with the DL and LTC alone I could walk into a shop, buy whatever, wait 5 min for FBI clearance, and walk out with it.... *sniffle* the good old days....