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  #1  
Old 05-17-2019, 10:12 PM
Brbecker Brbecker is offline
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Default Homebuilt firearm new resident

Hello, my mother will be moving from Texas to California within the year. She has some homebuilt firearms. I understand she’ll have 60 days upon moving here to register them with the DOJ, however I don’t know what she should put as “make” on the form. Is “homemade” sufficient?
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Old 05-18-2019, 7:47 AM
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Originally Posted by Brbecker View Post
Hello, my mother will be moving from Texas to California within the year. She has some homebuilt firearms. I understand she’ll have 60 days upon moving here to register them with the DOJ, however I don’t know what she should put as “make” on the form. Is “homemade” sufficient?
Use the name that shows on the gun.
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Old 05-18-2019, 8:59 AM
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They were made from 80% blocks so there is no name on them.
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Old 05-18-2019, 9:53 AM
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Originally Posted by Brbecker View Post
They were made from 80% blocks so there is no name on them.
Not a problem.

Once the owner complies with the requirements of PC section 29180(c) to obtain a DOJ issued serial number for the weapon, and with the requirements of section 29180(c)(2) to apply the required manufacturer's markings to the firearms (including the name of the person (or legal manufacturer's name)making the firearm along with the city and state of manufacture, she'll have all of the information needed to complete the personal importer's registration form.
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Old 05-18-2019, 11:16 AM
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Ah great thank you. I was going to tell her to put a unique serial number of her choosing that meets atf standards before moving here so she doesn’t have apply to DOJ nor put her name on it. Thoughts?
She will still have to register it but at least not jump through hoops to get a few serial numbers.
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Old 05-18-2019, 11:34 AM
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^^ Ship sailed on that she cannot put her own number on it.
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Old 05-18-2019, 11:45 AM
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Originally Posted by Brbecker View Post
Ah great thank you. I was going to tell her to put a unique serial number of her choosing that meets atf standards before moving here so she doesn’t have apply to DOJ nor put her name on it. Thoughts?
She will still have to register it but at least not jump through hoops to get a few serial numbers.
Not gonna work.

Edgerly is right on point. She's gotta go with the DOJ issued number and comply with the federal marking requirements.

Be a good son, keep your ma in Texas, or at least outta California.
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Old 05-18-2019, 12:00 PM
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Ha ha I’ve tried. But she’s got to move!
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Old 05-18-2019, 12:04 PM
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Originally Posted by edgerly779 View Post
^^ Ship sailed on that she cannot put her own number on it.
That definitely applies to guns made in California by Californians, but CA law shouldn't extend to guns made in Texas by Texans.
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Old 05-18-2019, 12:07 PM
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^^ Ship sailed on that she cannot put her own number on it.
I know that if she lived in ca she can’t put her own number on it, but she lives in Texas and the DOJ says

“Commencing January 1, 2019, a new resident to the state shall apply to the Department of Justice (Department) for a unique serial number within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously self-manufactured or self-assembled or a firearm the resident owns, that does not have a unique serial number or other mark of identification.”

So if she already has a serial number she put on herself before she moves wouldn’t that be perfectly legal? And you don’t have to wait for DOJ’s approval.
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Old 05-18-2019, 12:08 PM
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OK Have her fully engrave in texas. Then apply for volreg here when she arrives.
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Old 05-18-2019, 12:37 PM
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That definitely applies to guns made in California by Californians, but CA law shouldn't extend to guns made in Texas by Texans.
Please don't confuse what the law "should" be with what the law "is."

The wording of Penal Code section 29180 uses the term "owns" to describe the application of the statute to the weapon. If mother "owns" the firearm while it is in the state of California, then the statute applies to the firearm, even if it was "manufactured" in another state.

If mother brings the unmarked weapon into California, her only option is to get a DOJ issued serial number and apply that number to the firearm, along with the federally required markings.

As the OP has correctly researched, if the firearm is marked in a manner that complies with the federal requirements, before being imported into California, then the "Personal Importer" reporting requirements (as opposed to the "Voluntary Registration" requirements) apply.

But mother cannot bring the weapon into California and then apply a personally chosen serial number.

I still believe that a loving son would not allow his mother to move to California, especially if she is a gun owner.
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Last edited by RickD427; 05-18-2019 at 12:47 PM..
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Old 05-18-2019, 12:58 PM
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Stay...
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Old 05-19-2019, 10:07 PM
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Originally Posted by Brbecker View Post
I know that if she lived in ca she can’t put her own number on it, but she lives in Texas and the DOJ says

“Commencing January 1, 2019, a new resident to the state shall apply to the Department of Justice (Department) for a unique serial number within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously self-manufactured or self-assembled or a firearm the resident owns, that does not have a unique serial number or other mark of identification.”

So if she already has a serial number she put on herself before she moves wouldn’t that be perfectly legal? And you don’t have to wait for DOJ’s approval.
Correct, if she engraves it per BATFE specification before moving to CA, then she does not need to apply for & use CA DOJ provided info to be engraved on it. And after moving to CA, she registers it using the info that was engraved on it when it was in TX.


BATFE specificaitons:
~Markings must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch.
~Markings must use Roman letters (A, B, C, etc.) and Arabic numerals (1, 2, 3, etc).
1. Her legal name (first & last) or legal abbreviation of her name.
2. Model designation (whatever she calls it)
3. Caliber the firearm is chambered in.
4. Serial number (whatever she wants, must have numerals)
5. City & State where the firearm was made.
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Old 05-20-2019, 11:39 AM
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Thank you that is exactly the info I needed. I thought she’d ONLY have to engrave a serial number since she’s not a commercial manufacturer and the firearms are not NFA firearms. I guess I’m wrong ?
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Old 05-20-2019, 11:50 AM
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Originally Posted by Brbecker View Post
Thank you that is exactly the info I needed. I thought she’d ONLY have to engrave a serial number since she’s not a commercial manufacturer and the firearms are not NFA firearms. I guess I’m wrong ?
Yes, you guessed wrong. Here's the operative part of Penal Code section 29180(c) that spells it out:

"By January 1, 2019, any person who, as of July 1, 2018, owns a firearm that does not bear a serial number assigned to it pursuant to either Section 23910 or Chapter 44 (commencing with Section 921) of Part 1 of Title 18 of the United States Code and the regulations issued pursuant thereto, shall do all of the following..."

The requirement is that the firearm bear all of the required markings. The statute makes no distinction as to whether it was made by a licensed manufacturer, or by an unlicensed subject.

Ma might be fine under the federal law, and under Texan law if she manufactured and owned the firearm without having the federal markings, but California ain't gonna permit it.

Now let's move on to the other subject - What kind of loving son would allow his mother to move to California? Any mother that can make her own firearms is a real trophy. Take good care of her, don't let her move.
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Old 05-20-2019, 11:53 AM
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Thank you very much and yes I agree she should stay, unfortunately it’s health that’s bringing her away from good ol Texas.
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Old 05-20-2019, 1:57 PM
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It would be cheaper and far less grief to just go purchase new stripped lowers and swap the parts, and don't forget to castrate into fixed mag or featureless...
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Old 05-20-2019, 2:36 PM
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Not a bad idea but some are pistols.
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