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-   -   Do California Gun Laws "Travel with you?" (http://www.calguns.net/calgunforum/showthread.php?t=715023)

JohnnyAppleseed 03-01-2013 11:39 AM

Do California Gun Laws "Travel with you?"
 
My girlfriend from California has a misdemeanor assault on her record for pushing somebody. This prevents her from owning, being around guns for the next 10 years. My understanding is that this is a California law only.

My parents live in Arizona and my dad owns a bunch of guns and we wanted to do some shooting. Would her California gun restriction carry over into Arizona even though Arizona has no such restriction?

Thanks
Johnny

SanPedroShooter 03-01-2013 12:14 PM

I dont like answering these question unless I am sure of the answer, but I recall that state level prohibitions only apply in that state.

I cant find it in the wiki, but it has been discussed before.

SanPedroShooter 03-01-2013 12:17 PM

I found this post from Bwiese back in 2011

3.) The CA 10yr prohibition is for CA only and is separate from other matters. If you are legal to own guns in AZ and are in AZ the CA prohibition does not apply there.


http://www.calguns.net/calgunforum/s...d.php?t=477972

donw 03-01-2013 2:55 PM

beware...remember the controversy of the ca dfg head who was hounded by the legislature for hunting mt lion LEGALLY out of state.

they might try to 'influence' AZ in some way...

gun toting monkeyboy 03-01-2013 3:00 PM

Quote:

Originally Posted by donw (Post 10686085)

they might try to 'influence' AZ in some way...

:rofl: I wish them luck with that. It would be funny to watch. I somehow don't think Jan Brewer is going to be intimidated by Jerry Brown.

-Mb

winnre 03-01-2013 3:01 PM

I guess if she moves to AZ, buys guns, then wants to move back to CA in 5 years she will have issues.

Untamed1972 03-01-2013 3:07 PM

Quote:

Originally Posted by donw (Post 10686085)
beware...remember the controversy of the ca dfg head who was hounded by the legislature for hunting mt lion LEGALLY out of state.

they might try to 'influence' AZ in some way...

That was purely about politics not the law. He broke no laws so they could not do anything to him legally......they just used it as an excuse for a political assasination.

As long as the OPs GF isn't a politcal figure she prolly wont attract that kind of attention.

todd2968 03-01-2013 3:51 PM

I would say only if it was domestic abuse. I would see if there is a firearms check w/o purchase

pMcW 03-01-2013 3:53 PM

Quote:

Originally Posted by SanPedroShooter (Post 10684829)
I found this post from Bwiese back in 2011

3.) The CA 10yr prohibition is for CA only and is separate from other matters. If you are legal to own guns in AZ and are in AZ the CA prohibition does not apply there.

http://www.calguns.net/calgunforum/s...d.php?t=477972

What does it mean to be legal to "own" guns in AZ? It's a little bit of a catch-22 isn't it?

She is prohibited from owning them in CA, where she lives. Federal law would seem to prohibit her from buying them in other states because of that law that says that out-of-state purchases must be legal under the laws of both states.

So, if she cannot own them in CA, where she lives, and she cannot buy them in another state, how can she get to the situation where she legally owns a gun? If she cannot get to ownership legally, is it true that she can legally own a gun? (maybe ownership can be legal even if there is no way to accomplish it? purchase/transfer... :shrug:)

The person in the other thread had moved to Arizona. So, his purchase would not be out of his home state, and CA law has nothing to say about it.

Interesting...

desertexplore 03-01-2013 4:02 PM

A good excuse to move out of California?

bwiese 03-01-2013 4:16 PM

Quote:

Originally Posted by pMcW (Post 10686583)
What does it mean to be legal to "own" guns in AZ? It's a little bit of a catch-22 isn't it?

What if she already legally owned guns in AZ from whatever past history she had there (residency, had some or all of her CA guns stored there, etc.)?

Then she could possess those guns there as long as AZ didn't hold her particular CA (misdemeanor) violation against in AZ (which I don't think they do - and it's not a 5150 etc).

Also, she may have moved her CA guns outside CA rapidly. Whatever crime that involved a court order to surrender guns means guns in CA. Noted gun lawyer Don Kilmer has already dealt with this situation a couple of times in CA courts and the CA judge just sputtered because he couldn't force return of guns stored outta state.

Quote:

She is prohibited from owning them in CA, where she lives. Federal law would seem to prohibit her from buying them in other states because of that law that says that out-of-state purchases must be legal under the laws of both states.
Yup.

Quote:

So, if she cannot own them in CA, where she lives, and she cannot buy them in another state, how can she get to the situation where she legally owns a gun? If she cannot get to ownership legally, is it true that she can legally own a gun? (maybe ownership can be legal even if there is no way to accomplish it? purchase/transfer... :shrug:)
Aside from instances of her own guns being in AZ - either because they were her CA guns shipped/stored there, or because she bought gun(s) in AZ during a possible prior residency, or because she had legitimate dual residency...

If she is not prohibited in AZ due to any law that would consider a CA violation, and is still a CA resident, she can:

- at least TOUCH and USE a gun owned by someone else (going to range, hunting, etc.) I am unclear on 'borrowing'.

- receive a gun thru inheritance/bequest/probate; CA law exempts this from FFL intermediation, and Fed law
doesn't require FFL in this instance. A firearm acquired this way can be acquired by someone not in his
home state, as long as it is legal in the recipient state. This is how a CA resident can in fact inherit an
AW (as long as it stays outside CA) - no FFL needed, therefore CA residency not a blocking item.

pMcW 03-01-2013 4:44 PM

Quote:

Originally Posted by bwiese (Post 10686768)
What if she already legally owned guns in AZ from whatever past history she had there (residency, had some or all of her CA guns stored there, etc.)?

Then she could possess those guns there...

Ah, of course! The possibility that she might have hypothetically already owned guns that were stored out of state never occurred to me. Which is pretty silly of me, considering that I actually own a firearm that is stored outside of California... :facepalm:

Never mind! :o

diverwcw 03-01-2013 4:56 PM

It wouldn't surprise me to see the politburo of the PRC enact some sort of legislation to prohibit California residents under those restrictions from shooting firearms if they are out of state. Much the same as donw's posting about the former head of DFG who participated in a legal mountain lion hunt in Idaho.


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