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  #1  
Old 11-24-2011, 4:20 PM
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Default If I live in CA, can I go to (OR, NV, AZ) and buy a gun? NO

Can I
  • buy a gun at a gun show out of state,
    or
  • buy a gun from a private individual in some other state,
    or
  • receive a gun as a gift while I am in some other state?
NO.

If you live in California, buying/receiving a gun outside the state would be an INTERSTATE TRANSFER, and generally, Federal law requires you to use an FFL in your state of residence.

It is a Federal felony for other state residents to sell to someone who does not live in their own states or for you to bring a gun back to CA if you somehow get one out of state.

It's not nice to ask someone to risk 5 years in Federal prison to sell you a gun.

See the wiki for the full details http://wiki.calgunsfoundation.org/in...rms_Interstate

Military personnel with Permanent Change of Station orders to a state are citizens of that state, and only that state for purposes of buying guns; they may NOT legally buy guns in their 'home of record' if that is a different state. The Federal laws governing military voting and taxes are different from the laws on buying guns. See also the wiki, http://wiki.calgunsfoundation.org/Fe...y_requirements.

This thread is pointed at people who are residents of JUST ONE state, usually California. People with dual (or more than dual) residency are uncommon; they may do what their states of residence allow, when in one of those states.

ALSO, a person from out of state cannot come to California
and transfer a gun to you, a California resident,
unless you go through a California FFL.


In the sense of getting a gun from a gun show or an individual while you are out of state, this is correct.

It is a bit less absolute than a plain 'no' -- but hardly anyone is thinking of these:
It IS legal to purchase a gun out of state and arrange for it to be sent to a California FFL, where the gun will do its 10-day wait and DROS. That is, you, the buyer, may not take possession of it out of state, but it must be shipped back to CA.
And, it is legal for a C&R license holder to buy C&R guns out of state and bring them back - licensees can do what their licenses allow.
(This seems to have worked as an idea before; maybe it'll work again.)

ETA: This thread is an FAQ answer thread, not a discussion thread. It isn't locked because reasonable questions are possible.
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Last edited by Librarian; 05-31-2013 at 9:45 AM..
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  #2  
Old 02-02-2013, 9:29 PM
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The Roster is a limitation on what guns an FFL may sell to non-exempt customers. Otherwise, you can ignore the Roster.
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Old 03-06-2013, 1:44 PM
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Usage note: If your question is likely to need more than about 'yes, you can do that', please start a separate thread.
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Old 08-27-2013, 5:35 PM
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How about bidding guns on gunbroker.com? I've talked to a local CA FFL that is willing to help me with transfer, and the gun which is located in Florida. I have made sure the gun is on the CA roster.

Is it legal? Thanks!
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  #5  
Old 08-05-2014, 9:33 PM
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Update - just deleted 140 or so posts to clean up.
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Unless there is some way to amend a bill so you would support it,
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  #6  
Old 08-15-2014, 3:42 PM
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See post 2, please. The laws of other states are off topic for this thread and forum.

Since there is some risk here, it seems reasonable to get Real Advice from a Real Lawyer.
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Old 08-21-2014, 4:27 PM
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I'm out of state for grad school, and I was wondering if I could purchase a long gun out here, then move back to CA with it when I'm done (CA legal, of course). I have a CA driver's license still, and I was wondering if I should get my non-CA ID card. Thanks in advance for your wisdom.
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  #8  
Old 08-26-2014, 7:38 PM
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Quote:
Originally Posted by miknairb View Post
I'm out of state for grad school, and I was wondering if I could purchase a long gun out here, then move back to CA with it when I'm done (CA legal, of course). I have a CA driver's license still, and I was wondering if I should get my non-CA ID card. Thanks in advance for your wisdom.
BATF says "yes" - see http://wiki.calgunsfoundation.org/Fe...y_requirements
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  #9  
Old 11-23-2014, 8:41 AM
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Quote:
Illegal for the private BUYER

(a)(3) tells us that unlicensed individuals may not go to a state where they do not live, buy a gun, take delivery of the gun, and bring it back to the state of residence.
Illegal for the private SELLER

(a)(5) tells us that unlicensed individuals may not sell a gun to unlicensed individuals who do not live in the same state as the seller.

Penalties for violation of (a)(2), (a)(3), and (a)(5) are the 'default' provisions of 18 USC 924 (a)(1)(D):

ok so i saw this

so me and pal from california are in nevada

i give him my gun since he is a resident of my state its ok?

now he has gun but part one says he cannot bring it back to california so he stores it at public storage and i suppose california is the only state that gun is not allowed to visit ever again?


how can california have such long arms to claim juristiction on what a resident of california can do out of the state
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Old 11-23-2014, 11:08 AM
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Quote:
Originally Posted by bohoki View Post
ok so i saw this

so me and pal from california are in nevada

i give him my gun since he is a resident of my state its ok?

now he has gun but part one says he cannot bring it back to california so he stores it at public storage and i suppose california is the only state that gun is not allowed to visit ever again?


how can california have such long arms to claim juristiction on what a resident of california can do out of the state
No, not OK - CA requires CA residents to use a CA FFL for transfers - that's why CA residents are barred from out of state transfers at an out of state FFL.

NV laws on gun transfers apply to NV residents. Two CA carpet-baggers don't qualify.

Discussion of how that might be detected is off-topic.
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  #11  
Old 01-19-2015, 5:39 AM
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[QUOTE=how can california have such long arms to claim juristiction on what a resident of california can do out of the state[/QUOTE]

You can do whatever you like out of state as long as it's legal in that state. The jurisdiction begins when you try to bring guns back to CA.
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  #12  
Old 01-25-2015, 7:39 PM
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Please someone clear my headache.

I have a C&R for 7 years, I plan on going to AZ to JGSales and buy a C&R pistol. Bring it back myself by method of highways. From my research, yes I may and upon return, I'd declare possession via form BCIA 4100A within 5days. Heck I'd even pre-fill it beforehand.

Here's the complication, I have been researching over a week. Most of the results on here are over 2 years old. Internet sites give conflicting info (or their members?) I even called the DOJ for clarification and the gentleman told me I also needed a COE. Uhhh, isn't this only for transaction IN-State? My FFL 03 allows me to legally buy anywhere in the other 49 states, so long as it complies with their local laws etc. I have known that the DOJ is not a reliable source because they don't enforce the law and probably not familiar with Federal laws or C&R License.

Upon return, this is where CA laws kick in. Can someone please give me a solid and answer and perhaps a reference to the CA law?

Last edited by kryptonicrxn; 01-25-2015 at 7:39 PM.. Reason: update
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  #13  
Old 01-26-2015, 1:05 AM
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When no law changes occur, thread data remains unchanged.

Quote:
I have a C&R for 7 years, I plan on going to AZ to JGSales and buy a C&R pistol. Bring it back myself by method of highways. From my research, yes I may and upon return, I'd declare possession via form BCIA 4100A within 5days. Heck I'd even pre-fill it beforehand.
This is the right procedure.

The change in the law, for 2014, requires that C&R long guns ALSO be reported on the updated version of the C&R report form, http://oag.ca.gov/sites/all/files/ag.../curioapp.pdf? Prior to 2014, only handguns needed the form.
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Unless there is some way to amend a bill so you would support it,
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  #14  
Old 01-27-2015, 8:19 AM
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Thank you, will do.
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  #15  
Old 02-14-2015, 11:17 PM
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With the interstate transfer law recently deemed unconstitutional can I buy a CA legal Rimfire rifle in Nevada since CA prices and availability are crap? Also would the 10 day waiting period be used since its bought in NV?
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Old 02-14-2015, 11:27 PM
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Quote:
Originally Posted by rckjeep View Post
With the interstate transfer law recently deemed unconstitutional can I buy a CA legal Rimfire rifle in Nevada since CA prices and availability are crap? Also would the 10 day waiting period be used since its bought in NV?
Federal laws have allowed a FFL dealer in transferring a rifle or shotgun to a non-resident, as long as the transfer complies with both the State laws of the FFL dealer and the non-resident. Handguns and other firearms can only be transferred through a FFL dealer in the recipient's State of residence.

The decision (Mance v Holder) would change that, so a FFL dealer can transfer a firearm (handgun, other, rifle, shotgun) to a non-resident, as long as the transfer complies with both the State laws of the FFL dealer and the non-resident.

This decision does not change the fact it will still be Federal felonies for residents of different States to transfer firearms without the use of a FFL.

Therefore...
If the decision is upheld and goes into effect, as a CA resident, any firearm acquired in another State needs to be done in a method that complies with CA laws and the State laws of the FFL dealer.

Current CA laws [PC 27585], requires any firearm acquired by a CA resident in another State to be transferred to them through a CA FFL dealer in order to be legally imported into CA.

So, unless CA laws change, a CA resident may be able to acquire a firearm from a FFL dealer in another State but they will need to keep that firearm in that other State and never bring it to CA, unless it is transferred through a CA FFL dealer.
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  #17  
Old 02-15-2015, 12:08 PM
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Quote:
Originally Posted by rckjeep View Post
With the interstate transfer law recently deemed unconstitutional can I buy a CA legal Rimfire rifle in Nevada since CA prices and availability are crap? Also would the 10 day waiting period be used since its bought in NV?
I'm assuming that you're referring to the trial court decision in Mance v. Holder.

That doesn't change anything here in California.

That decision was reached by a District Court judge in a matter before that court. For the moment, that's a far as the holding reaches. Should the government appeal (its a pretty sure bet that they will), then the Fifth Circuit will hear the case. If they publish their decision, then it will only reach Fifth Circuit. It still will not do anything for California. If the Fifth Circuit decision is appealed to the U.S. Supreme Court, and if the court agrees to hear the case, and if the Supreme Court rules in favor of Mr. Mance, then we'll have something that is authoritative in California.

Please count up the number of "ifs" that have to occur, and then consider the glacial time-line required for all of that to occur.

Short answer: No, you cannot simply buy a rimfire rifle in Nevada and bring it back to California. If you're a dual-resident, you may proceed as Quiet has suggested above, but I doubt that you would be saving any money after paying the California FFL.

Last edited by RickD427; 02-15-2015 at 12:10 PM..
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Old 05-06-2015, 8:52 AM
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I think it has been covered, but just want to make 100% sure. A family member resident in another state may gift an off roster pistol to their CA resident relative through a CA FFL? Any difference if friend instead of family from another state? Thanks much.
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Old 05-06-2015, 9:37 AM
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Quote:
Originally Posted by swamp2 View Post
I think it has been covered, but just want to make 100% sure. A family member resident in another state may gift an off roster pistol to their CA resident relative through a CA FFL? Any difference if friend instead of family from another state? Thanks much.
Yes there is a difference - intrafamilial transfers are roster-exempt; other out-of-state transfers are not.
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Old 06-06-2015, 1:00 PM
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Default A New Scenario?

Here's a weird scenario that I didn't see covered in the thread, but is in fact a real case:
Joe Doe bought a long gun (legal in CA) in CA in the 1980s. Joe gave that rifle to his son, John, at that time. No paperwork was done. But John let Joe keep the gun in Joe's possession. 30 years later when Joe dies, John does not take back the rifle, but asks his brother Jack, who lives in NV, to hold on to it, and Jack takes it back to NV. Two years later, John wants his rifle back.

The rifle has technically been John's since the 1980s. True? Is it legally still John's rifle? Is there a legal way for John to take back possession of his rifle? If so, can Jack just ship the rifle to John? Does Jack have to ship it to a CA FFL? What if John drives to NV to pick up his rifle? Would that be legal?

Thanks for your insights!
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Old 06-07-2015, 6:53 PM
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Thanks, Librarian!!!
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  #22  
Old 07-02-2015, 8:01 PM
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It was my understanding that as a CA resident, I could NOT go to a different state and buy a G43 (LEO only in CA) or Walther PPS (not on roster) and have it shipped directly to my CA FFL, wait the 10 days, go through whatever paperwork I need and take possession.

And yet, that's what it says in one of the early posts on this thread.

Am I just wrong about this? If so, can you point me to the CA code where it indicates that I could buy a handgun this way?

I'm near Tahoe, so if that's true, I can simply go to NV, buy the off roster handgun, have it shipped to CA FFL and pick it up.

I've always thought that it MUST BE on CA roster regardless of whether you buy the handgun IN California or another state. Is that not correct?
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Old 07-02-2015, 8:16 PM
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Quote:
Originally Posted by FireCloud9 View Post
It was my understanding that as a CA resident, I could NOT go to a different state and buy a G43 (LEO only in CA) or Walther PPS (not on roster) and have it shipped directly to my CA FFL, wait the 10 days, go through whatever paperwork I need and take possession.

And yet, that's what it says in one of the early posts on this thread.

Am I just wrong about this? If so, can you point me to the CA code where it indicates that I could buy a handgun this way?

I'm near Tahoe, so if that's true, I can simply go to NV, buy the off roster handgun, have it shipped to CA FFL and pick it up.

I've always thought that it MUST BE on CA roster regardless of whether you buy the handgun IN California or another state. Is that not correct?
It IS correct.

Nothing in this thread suggests one can get off-Roster handguns by buying out of state; one must still be exempt from the Roster (e.g. LEO), or use a transaction exempt from the Roster (e.g. intrafamilial) or buy a gun itself exempt from the Roster (e.g. C&R).

See also post 3 in this thread.
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Old 07-03-2015, 12:42 PM
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Well, I guess I'll just let lease expire, move out of CA for a few months, establish residency elsewhere, buy the firearms (off CA roster) that I want and then move back in 6-9 months re-establishing CA residency.

Thank goodness there are 49 other States!

Now, to find out which of those 49 States have the shortest residency requirements, get an apartment, driver's license, voting registration and part-time minimum wage job should do it.
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Old 07-04-2015, 10:19 AM
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As far as I know, other states require you to be there for at least 6 months before acquiring residency. In Nevada, you have residency as soon as you claim you do AND Nevada doesn't have income tax :-)

https://www.leg.state.nv.us/Division.../Residency.pdf
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Old 08-20-2015, 12:42 PM
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Quote:
Originally Posted by Librarian View Post
It IS correct.

Nothing in this thread suggests one can get off-Roster handguns by buying out of state; one must still be exempt from the Roster (e.g. LEO), or use a transaction exempt from the Roster (e.g. intrafamilial) or buy a gun itself exempt from the Roster (e.g. C&R).

See also post 3 in this thread.
Just so we're clear, isn't the word of law wrt the roster that a handgun not on the roster can't be sold in CA? In the case of say, someone buying a gun from Buds and having the transfer done in say, Martin Retting, is the sale not done in TN or KY or whatever it is out of State, or is the transfer legally considered the same as the sale?

It seems to me that the gun is the buyers property when the seller accepts payment in most cases of this sort of interaction.

Or is this still TBD in court?

(No I don't want to be the test case)


Quote:
Originally Posted by KingChiron View Post
As far as I know, other states require you to be there for at least 6 months before acquiring residency. In Nevada, you have residency as soon as you claim you do AND Nevada doesn't have income tax :-)

https://www.leg.state.nv.us/Division.../Residency.pdf
I will def file that under "good to know" - thanks.
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  #27  
Old 08-20-2015, 3:24 PM
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Quote:
Originally Posted by cvigue View Post
Just so we're clear, isn't the word of law wrt the roster that a handgun not on the roster can't be sold in CA?
No.

A dealer cannot sell/transfer an off-Roster handgun unless the buyer/transferee is exempt - essentially LEO. But it's perfectly legal for a FFL to sell off-Roster to LEOs.

A PPT, where one CA resident sells to another CA resident, is an exempt-from-the-Roster transaction. CA FFLs understand that (well, most of them).

You're free to make the off-Roster handgun purchase out of state - but FedLaw requires the handgun be transferred trough an FFL in your state of residence. Legal sale in, say, KY, but the CA FFL cannot transfer to you unless you are exempt.

And further Roster discussion belongs in its own thread. It'll close quickly - really nothing new to say. See the wiki -- http://wiki.calgunsfoundation.org/The_Safe_Handgun_List
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Last edited by Librarian; 08-20-2015 at 3:26 PM..
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Old 11-07-2015, 3:27 PM
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All this is making my head hurt but, if I understand it, I should be good if:

1. I live most of the time in California but, I live part of the time in WA and have a WA ID card. Also, have a WA CCW permit. If when in WA I purchase an off-roster gun, can I return to CA with that gun and register it?

2. If while visiting my mother in WA she gives me a off-roster gun, can I return to CA and register it?

I believe the answer to both should be yes, please confirm with your opinion.
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Old 12-16-2015, 8:52 AM
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Librarian,

I have a question that I don't believe has been answered.

Can one go to a class in another state on building your own firearm for personal use, say a 1911, complete the class and bring the newly built firearm back to California?

Thanks for any clarification.
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Old 12-16-2015, 9:28 AM
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Originally Posted by Nick1236 View Post
Librarian,

I have a question that I don't believe has been answered.

Can one go to a class in another state on building your own firearm for personal use, say a 1911, complete the class and bring the newly built firearm back to California?

Thanks for any clarification.
It's complicated and was answered in this thread.

Short answer:
Violates Federal laws, unless multiple FFLs are involved.

In addition...
The firearm needs to be CA legal and, if the firearm is a handgun, it needs to be on the Roster of Handguns Certified for Sale or be exempt from it.
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Old 12-16-2015, 9:43 AM
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Originally Posted by Audredger View Post
All this is making my head hurt but, if I understand it, I should be good if:

1. I live most of the time in California but, I live part of the time in WA and have a WA ID card. Also, have a WA CCW permit. If when in WA I purchase an off-roster gun, can I return to CA with that gun and register it?

2. If while visiting my mother in WA she gives me a off-roster gun, can I return to CA and register it?

I believe the answer to both should be yes, please confirm with your opinion.
Answer to both is No.

As a dual resident of CA & WA, you can legally acquire an off-Roster handgun in WA but you can not legally bring it to CA.

Starting 01-01-2015, a firearm acquired out-of-state by a CA resident or by a dual resident of CA needs to be transferred through a CA FFL dealer in order to be legally brought into CA. [PC 27585(a)] Currently, there are no exemptions that will allow an off-Roster non-exempt handgun to be transferred in compliance with this.
Failure to comply equates to one misdemeanor per long gun and one felony per handgun. [PC 27590(a)&(c)(7)]



Penal Code 27585
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

Penal Code 27590
(a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.
(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(7) A violation of Section 27585 involving a handgun.
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Old 12-16-2015, 10:50 AM
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Originally Posted by Quiet View Post
Answer to both is No.

As a dual resident of CA & WA, you can legally acquire an off-Roster handgun in WA but you can not legally bring it to CA.

Starting 01-01-2015, a firearm acquired out-of-state by a CA resident or by a dual resident of CA needs to be transferred through a CA FFL dealer in order to be legally brought into CA. [PC 27585(a)] Currently, there are no exemptions that will allow an off-Roster non-exempt handgun to be transferred in compliance with this.
Failure to comply equates to one misdemeanor per long gun and one felony per handgun. [PC 27590(a)&(c)(7)]



Penal Code 27585
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

Penal Code 27590
(a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.
(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(7) A violation of Section 27585 involving a handgun.
Quiet,

I'll admit that Penal Code section 27585 is more than a little bit confusing, but I'm not so sure that it prohibits a California FFL from transferring an off-roster handgun to a dual resident.

You've very correctly cited the applicable law. If the OP is a "dual-resident" then he is clearly bound by the provisions of PC 27585 and must deliver the handgun to a California FFL (before bringing it into the state) for transfer. The transfer must comply with Penal Code section 27540 and Articles 1 and 2 of Division 6, Title 4, Part 6 of Penal Code (or in simpler terms Penal Code sections 27540 and 26700-26915).

You are also correct that there is no exemption within those Penal Code sections that would permit the transfer of an off-roster handgun, but it's also really important to note that there is no prohibition contained in those Penal Sections that prohibits the transfer of an off-roster handgun.

The prohibition on an FFL selling an off-roster handgun is contained in Penal Code section 32000. Section 32000 is not within the range of Penal Code sections that are embraced by PC 27585.

PC 32000 prohibits an FFL (along with anyone else) from the following:

"manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun..."

Interestingly, PC 32000 does not prohibit the "transfer" of an unsafe handgun.

Has anyone received any guidance from DOJ on the application of PC 27585 to off-roster handguns?
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Old 12-16-2015, 10:07 PM
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Has anyone received any guidance from DOJ on the application of PC 27585 to off-roster handguns?
Last I heard, the CA DROS system won't allow it.

So, it could be an underground regulation or an oversight on CA DOJ's part.

In any case, bottom line, it's currently a no-go.
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Old 11-25-2011, 7:47 AM
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A collection of answers to FAQs from below ...

1) This thread is for people who live in JUST ONE STATE, and that state is California.

Dual-residency or other multi-state residency questions are OFF TOPIC FOR THIS THREAD. We cannot know what any other state requires for considering a person a resident. But Federal residency is discussed exhaustively.


2) This thread is for people who have no kind of Federal Firearms License. We get questions about buying C&R weapons - if you have a C&R license, you can do what that license allows you to do in the other 49 states.


3) A number of people seem to want to move to California, but leave their guns behind, for an assortment of reasons.
BRING YOUR GUNS!

Once you actually move to CA, any guns you left behind in your previous state appear to have been transferred to whomever has them while you are in CA.

That means you can NOT go back and get them - that would seem to be an illegal interstate transfer, 'not-CA-resident' to CA-resident.




The effect of Mance v Holder, the Texas case that ruled the restriction on out of state handgun purchase is unconstitutional (discussion here) is not known as of March 6, 2015. Discussion of that case is off-topic in this thread until a clear application of the case is determined.
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  #35  
Old 04-13-2012, 8:34 AM
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Quote:
Originally Posted by Errackeleo View Post
I am a LEO in Oregon and former resident of California. If purchasing out of state you must ship from out of state ffl to California ffl. When California ffl receives, you start your paperwork and waiting period. It must be on approved list in order to ship to ca unless it's a used firearm and purchasing from a private party (still must ship from ffl to ffl). All must be ca compliant (10 rounds max, no assault weapons, ect)
You misunderstand the Roster.

Unless the buyer is exempt from the Roster, or the handgun is exempt or is made exempt, a CA FFL may not transfer an off-Roster handgun that is an interstate transfer. (Intrafamilial-interstate works, too.)

Roster-exempt transactions - California Private Party Transfers - are for within-California transfers.
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Old 05-15-2012, 11:16 PM
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Originally Posted by Ub3rDorK View Post
What about voluntary registration?

hypothetically, If a firearm purchased by a resident of say... AZ and brings it back to CA which they have residencies in both.... The owners gets deployed and the unthinkable happens....can it be transferred to another person via voluntary registration?
NO.

Except for intra-familial gifts between CA residents, all handguns must be transfered through a CA FFL dealer.
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Old 07-03-2012, 11:32 PM
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Originally Posted by rjeusmc View Post
I know it may have been covered but I had a couple questions straight away.

If I am Military with "dual-residency", under what circumstances may I sell my off-roster handguns to a CA resident? In order to conduct a PPT, you will need your Military ID and your orders for CA. If you do not have orders for CA, you will not be able to conduct a PPT.

If I bought a gun from my home state as a gift for a CA resident am I violating federal law? In order to be a gift, no money can exchange hands.

If I purchase from out of state and decide in CA that I want to do a private sale am I in legal jeopardy? Depends on when you acquired the handgun, before or after you recieved orders for CA.
"dual residency" is tricky.

Legally (Feds & CA), with your Military ID and orders for CA, you can conduct PPTs of firearms you brought with you to CA.

Because, technically the Feds consider active duty military to be residents of the state they have orders for, if you have orders for CA, you can not legally travel to another state and acquire a handgun.


27 CFR 478.11
State of residence.
The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3. A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.
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  #38  
Old 07-27-2012, 12:23 PM
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Quote:
Originally Posted by Mark B View Post
Any hope for the ignorant?
What about those folks who may have already been gifted a gun from out of state. Is there any way to make it legal?
Not really.

The Feds and the State rely on people following the law. There are no 'government approved' methods to repair 'honest mistakes', because they seem to believe there are no mistakes.

This interstate transfer stuff has been the law since 1968. In 1975, maybe one could plead ignorance and be believed. In 2012, not so much - despite lots of evidence that people really don't know.
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Old 10-07-2012, 1:14 AM
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Originally Posted by humchris85 View Post
What if I were to move to say OR and buy a gun that isn't on the CA approved list like a S&W Govener, then I were to move back to CA, would I be able to bring guns back that aren't CA approved?
If you where a resident of a different state you could buy whatever is legal in that state and federally. If you then move back to CA you can then bring whatever is legal into CA. In the case of the S&W Governor it would be an illegal short barrel shotgun in CA, so no.

Anything legal you bring back you would fill out the new resident form and pay $19 bucks per
The roster does not come into play for this.
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Old 08-15-2014, 12:42 PM
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Originally Posted by Chaos47 View Post
If you where a resident of a different state you could buy whatever is legal in that state and federally. If you then move back to CA you can then bring whatever is legal into CA. In the case of the S&W Governor it would be an illegal short barrel shotgun in CA, so no.

Anything legal you bring back you would fill out the new resident form and pay $19 bucks per
The roster does not come into play for this.
(^^ this was in reference to moving to another state and moving back)

I can't find any reference to a minimum time limit to be a resident of another state. Is there any?

I'm considering taking an 8-12 month contract in Utah and moving there, but likely returning to CA afterwards. Several things I'd like to buy while there and bring back ... everything CA legal of course.

I can't believe CA laws would let me "move" to another state for a couple of weeks and "move" back, so there must be some limitations. But have to believe 8 months would not be a problem.

Any info on that.

BTW, I don't own realestate in CA or anything like that, that could be construed as my still being a CA resident.
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