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  #1  
Old 09-21-2020, 4:16 PM
CaliJatt CaliJatt is offline
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Default Moving To Cali with complete AR Pistol Lowers

Hello Everyone,

I am moving back to Cali in a month and I bought a few ar lowers that I built into pistol lowers. The pistols have basic lower parts kits and KAK tubes. In
order to bring them into Cali as semi auto pistols all I would need to do is install a Franklin DFM 10RDS mag (to check the fixed mag box) and I am good to go? Or do I need to attach complete uppers to this?
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Old 09-21-2020, 4:19 PM
edgerly779 edgerly779 is offline
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what did the 4473 say when you purchased them

Last edited by edgerly779; 09-21-2020 at 4:21 PM..
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  #3  
Old 09-21-2020, 4:21 PM
CaliJatt CaliJatt is offline
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It was marked as an "Other" frame/ receiver.
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Old 09-21-2020, 4:53 PM
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I would say build them out as full pistols before you move here. Of course mag locked, and 10 round max mags.
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Old 09-21-2020, 6:52 PM
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Quote:
Originally Posted by ARDude View Post
I would say build them out as full pistols before you move here. Of course mag locked, and 10 round max mags.


It makes reporting them simplier and you don't have to worry about running afoul CA unsafe handgun laws.
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  #6  
Old 09-22-2020, 1:31 PM
CaliJatt CaliJatt is offline
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So what happens if I don't have the funds to drop uppers on to them?
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Old 09-22-2020, 1:36 PM
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If you don’t bring them in as maglocked semi auto pistols with fixed 10 round magazines then you run into the potential charge of manufacturing an “unsafe handgun.”
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Old 09-22-2020, 7:58 PM
solidfreshdope solidfreshdope is offline
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Quote:
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So what happens if I don't have the funds to drop uppers on to them?


Maybe “rent” an upper from a friend?


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  #9  
Old 09-24-2020, 3:48 PM
CaliJatt CaliJatt is offline
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I wonder if i did something similar for stripped ak receivers, just install a fixed mag and see how it goes, i guess?
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Old 09-24-2020, 3:58 PM
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California, please.
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  #11  
Old 09-25-2020, 1:04 AM
CaliJatt CaliJatt is offline
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Jarhead714 Please elaborate...
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  #12  
Old 10-05-2020, 3:02 PM
CaliJatt CaliJatt is offline
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Default Moving to Cali With Off Roster Glocks

Hello everyone, do I submitted my glocks to be registered on the cfars site. a question I have is do I need to wait for cfars to go to completed or can I sell a pistol while cfars is in progress? I am 99% sure i will pass the background check since I bought a gun in California about a year ago and nothing has changed in my background.
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Old 10-05-2020, 3:42 PM
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A new resident can either sell or register, they do not have to do both so long as it is done within 60 days.

If however you do not plan to sell within 60 days of moving here, then go ahead and register them on CFARS. However you will not have to wait for approval or confirmation, you can still sell them anytime you want.

You will need CA ID to sell them here.
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Old 10-05-2020, 3:54 PM
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^ Solid info.
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This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
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  #15  
Old 10-05-2020, 4:27 PM
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what happens if it takes more than 60 days to sell and you didn't file with CFARS?
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  #16  
Old 10-05-2020, 5:36 PM
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Thank you gentlemen, I appreciate the information.
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  #17  
Old 10-05-2020, 6:11 PM
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Quote:
Originally Posted by ilawson View Post
what happens if it takes more than 60 days to sell and you didn't file with CFARS?
Generally speaking, there is some lee way. The sale will go through, what happens to the seller after that will be case by case. But it has been done many times with no ill effect, and perhaps it has also been done with some resulting drama that we have not heard about.

The DOJ is always happy to just get the guns into the system no matter how that happens. I would imagine only the most egregious abuses are the ones that are scrutinized.
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  #18  
Old 10-05-2020, 6:21 PM
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You mentioned that you bought a gun in California a year ago. You might want to consult privately with an attorney to make sure California will not consider you a resident despite your one year absence. If so, bringing back guns you purchased out of state without transferring them through a CA FFL could be a felony. It is a complicated analysis.
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Old 10-05-2020, 11:35 PM
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So I would now have to transfer the firearms through a FFL?

Can someone point me to where this law/ regulation would be? I can seem to find anything saying that.

Last edited by CaliJatt; 10-05-2020 at 11:41 PM..
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  #20  
Old 10-05-2020, 11:44 PM
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https://www.calguns.net/calgunforum/...s#post16664819

This may or may not be your situation but it gives you a glimpse of the residency issue, which is different under state and federal law. For some issues like California’s ban on residents bringing off roster pistols home the state definition of resident applies.
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Old 10-06-2020, 1:01 AM
CaliJatt CaliJatt is offline
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Ah I see. I wonder if having an out of state Lic and the lease agreement would exempt me. I also Registered to vote in Cali and my new cali address is different from the previous.

Also I read up on the link you posted. I'm married and have kids so when I left California I had no intentions of coming back, but thanks to Covid I had too.

Last edited by CaliJatt; 10-06-2020 at 1:04 AM..
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  #22  
Old 10-06-2020, 8:13 AM
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Quote:
Originally Posted by CaliJatt View Post
Ah I see. I wonder if having an out of state Lic and the lease agreement would exempt me. I also Registered to vote in Cali and my new cali address is different from the previous.

Also I read up on the link you posted. I'm married and have kids so when I left California I had no intentions of coming back, but thanks to Covid I had too.
You're going to need to be a lot more clear. Giving out small bits of information a piece at a time is not going to lead to accurate answers for your situation.

Any person who Calif considers a resident will be subject to the provisions of CPC 27585. Firearms obtained out of state after 1/1/15 will need to be shipped to an FFL dealer in Calif, and the roster will apply. Failure to do so equates to a felony per handgun. There are exemptions, but do not apply to most situations involving non-FFL holders.

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 the person purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless the person 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.
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Old 10-06-2020, 10:27 AM
CaliJatt CaliJatt is offline
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So I began to move out of state in Feb 2020 and I wasn't able to get a license in the other state until September due to Covid. I was employed in California but working remotely because of the virus. I officially stopped working in California In September. I was going to the other state to start a business, but with the increases of COVID cases my Wife an I decided to move back to California since she still had a job here. In moving back i ended up leaving the guns with extended Family and friends in the other state and started Submitting the guns in the CFARS System. My intent was never to come back to California, but due to the virus and fear of increased cases we came back.

None of the Firearms I bought are in this State yet. I do now have a California
Drivers License and I do now reside in California. The only things I have out of state are a few pots, pans and the guns.

All I am really learning is its a pain in the backside to register the firearms in California since federally speaking the firearms have been given to whomever is holding onto them meaning the person holding the guns now owns them. And California says If I bring them into this state from what I am reading above, that is considered a felony because in the eyes of the state I never left California.
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  #24  
Old 10-06-2020, 11:54 AM
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Quote:
Originally Posted by CaliJatt View Post
So I began to move out of state in Feb 2020 and I wasn't able to get a license in the other state until September due to Covid. I was employed in California but working remotely because of the virus. I officially stopped working in California In September. I was going to the other state to start a business, but with the increases of COVID cases my Wife an I decided to move back to California since she still had a job here. In moving back i ended up leaving the guns with extended Family and friends in the other state and started Submitting the guns in the CFARS System. My intent was never to come back to California, but due to the virus and fear of increased cases we came back.

None of the Firearms I bought are in this State yet. I do now have a California
Drivers License and I do now reside in California. The only things I have out of state are a few pots, pans and the guns.

All I am really learning is its a pain in the backside to register the firearms in California since federally speaking the firearms have been given to whomever is holding onto them meaning the person holding the guns now owns them. And California says If I bring them into this state from what I am reading above, that is considered a felony because in the eyes of the state I never left California.
The real question is, did you cut all ties with CA, such that CA could not have also considered you a resident while you were gone. The answer is not black and white, it has to be evaluated on a case by case basis for each person and their specific circumstances. Residency can be complicated and unfortunately the penalty if you get it wrong in CA when handguns are involved, is a felony.

The standard advice is - consult a lawyer experienced in residency matters. If you only got an ID in the other state last month, and now this month you are trying to import firearms in CA - it sort of looks sketchy
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Last edited by SkyHawk; 10-06-2020 at 1:17 PM..
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  #25  
Old 10-06-2020, 12:10 PM
CaliJatt CaliJatt is offline
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Thank you guys, ill look into talking with a lawyer.
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  #26  
Old 10-27-2020, 11:06 PM
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IDK if you already moved, but since you mentioned that you are "moving back" to California, you might want to check if the state considered you "gone."

California is like a possessive ex, even though you left them already, they still consider you theirs. Lots of people move out of the country and find out later that they have bene accruing California taxes despite not living there for years.
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  #27  
Old 11-22-2020, 1:03 AM
CaliJatt CaliJatt is offline
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Default Can I sell just a pistol receiver

Hello everyone I just moved to California and registered my pistols. I currently have a krink built on a waffen werks receiver. My question for discussion is can I keep my parts kit and sell the receiver alone or do I have to sell it as a complete pistol. The pistol will most likely be sold via ppt so I am not sure if that would change anything. Also the trigger guard and fixed mag would stay with the pistol keeping it compliant with state law. I guess this would also open up the discussion if you can sell an off roster or even on roster pistol receiver like a glock 19 or 17?
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  #28  
Old 11-22-2020, 1:07 AM
edgerly779 edgerly779 is offline
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Do you have the docs proving you registered it. Likely that will be asked.

Last edited by edgerly779; 11-22-2020 at 1:09 AM..
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  #29  
Old 11-22-2020, 12:10 PM
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Quote:
Originally Posted by edgerly779 View Post
Do you have the docs proving you registered it. Likely that will be asked.
You can sell instead of register. New residents have 60 day to register, transfer, or surrender to LE.
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Old 11-22-2020, 6:03 PM
CaliJatt CaliJatt is offline
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I have the approved/ complete via cfars system. But the question would be can i sell just the receiver alone?
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Old 11-22-2020, 6:06 PM
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Quote:
Originally Posted by CaliJatt View Post
I have the approved/ complete via cfars system. But the question would be can i sell just the receiver alone?
How long did that take to be approved in CFARS? My pistol transfer to my father still shows Pending after almost a month. Did you upload any photos?
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Old 11-22-2020, 6:31 PM
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3 months and i just got some approved. they are asking photos for one of them.
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