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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 12-31-2013, 10:55 PM
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Angry 2014 California Registration: Transferring.

please delete

Last edited by SCWatson; 06-03-2019 at 12:56 PM.. Reason: delete
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  #2  
Old 12-31-2013, 10:59 PM
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yes
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Old 12-31-2013, 11:02 PM
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Yup. You will have to fill out a dealers record of sale and a ownership transfer. Wait 10 days to pick it up, if you pass a Federal background check and then it will be registered for future confiscation. Welcome to California!

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Old 12-31-2013, 11:35 PM
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Gods last name dosent end with wih Dam.
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Old 12-31-2013, 11:45 PM
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Originally Posted by Rickrock1 View Post
Gods last name dosent end with wih Dam.
But it does end with "damn"
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Old 12-31-2013, 11:46 PM
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Thanks guys, is there essentially any difference between this sort of registration and the infamous registration that we are always talking about?
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Old 01-01-2014, 12:59 AM
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Originally Posted by SCWatson View Post
Thanks guys, is there essentially any difference between this sort of registration and the infamous registration that we are always talking about?
There are a couple of different 'flavors' of registration; while entirely useless, California's 'flavor' is far from the worst possible implementation.

It does have the essential components of associating individual firearms, by make, model, serial and caliber, with individual buyers/transferees, including name, address, driver license number.
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Old 01-01-2014, 2:38 AM
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Quote:
Originally Posted by SCWatson View Post
Howdy folks, Simon here from Australia.

You're probably rolling your eyes, thinking "oh not another post on this god-damn topic!, didn't this kid look at the other posts before posting?"
I did, however I apologize in advance if this was answered somewhere else.

I have just bought a rifle from my friend in California, it's staying in his safekeeping until I move to California in 2015.
Once I'm physically there, we will go down to the gunshop to change the ownership information for the firearm, will this mean that the gun will be at the same-time registered as if I were buying it from the store?

I'm obviously ideologically opposed to gun registration, that's why I ask.

- Simon
Wait. Are you a us citizen ? Or a green card holder? Or not and your just moving to the us

Last edited by Lebaneseblonde; 01-01-2014 at 2:55 AM..
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Old 01-01-2014, 3:08 AM
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Simon says... yes.
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Originally Posted by Librarian View Post
What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?
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Old 01-01-2014, 3:13 AM
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Originally Posted by Lebaneseblonde View Post
Wait. Are you a us citizen ? Or a green card holder? Or not and your just moving to the us
Non US citizens can own firearms too. Just need a hunting license.
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  #11  
Old 01-01-2014, 11:51 AM
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Non US citizens can own firearms too. Just need a hunting license.
This is true but not true.

It a pita process and not simple.
Can a foreigner have a weapon in the us? Well yes if they are not a residence of the us. Meaning , their firearm is outside the country, That person must
Provide documentation of legal ownership of his incoming firearm that is outside of the us, and that for x number of days that they would be in the us, hunting, and have the intention of exiting the us with their firearm on such and such day. Once that is accepted, ( hopefully one did the processing before showing up at the border ). Then firearm entry is accepted , you purchase your license ( wiser yet, to get it before entry) , do your hunt and leave with your weapon. The concept spins on residence, Your not a current resident of the us, not expressing intention of becoming of a us resident, Basically one has an in date and an exit date established

But your in the us. As a non permanent resident, meaning. Work visa, or student visa You can not be possession of a firearm nor able to purchase one unless it's being exported out of the country, that involves another level of headache that needs a bottle of Advil to endure. Because their visa have a specific entry date and expiry date, It maybe three years from entry, but it's still a foreseeable exit date
Basically non permeant residence holders are not given many of the privileges of citizen or green card holders. Firearm ownership is not one of the privileges.
Non-residents who have:
a) a valid U.S. State-issued hunting licence or permit or an invitation to a U.S. competitive sports-shooting event,

b) proof of residency in the U.S. for at least 90 days <~~~~this with the next line

c) an alien or admission number issued by the U.S. Immigration and Naturalization Service (INS)
MEANING Green card holders , are permanent resident with No intention of exiting
And in some states are able to purchase firearms. Some states do not a green card holder to purchase a firearm at all.


Basically it's. If your in the country and not a green card holder you can't buy.
If you coming and going , you can buy but rifle must exit with paperwork and be subject to the incoming country laws

Last edited by Lebaneseblonde; 01-01-2014 at 11:59 AM..
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  #12  
Old 01-01-2014, 12:01 PM
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Quote:
Originally Posted by Lebaneseblonde View Post
...As a non permanent resident, meaning. Work visa, or student visa You can not be possession of a firearm nor able to purchase one unless it's being exported out of the country, that involves another level of headache that needs a bottle of Advil to endure...

...Basically it's. If your in the country and not a green card holder you can't buy.
You are incorrect on this. It's perfectly legal for non-immigrant aliens (tourist,work,student visas) to possess and purchase firearms, as long as they have a valid hunting license from any State and meet the state residency requirement for the State they are purchasing in.
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Old 01-01-2014, 12:08 PM
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I'm California non citizen resident,everytime I buy a gun the ask for my green card.I asked them if I can buy without green card and the answer was NO.
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  #14  
Old 01-01-2014, 12:22 PM
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Gods last name dosent end with wih Dam.
I think he meant damned. I'm not sure if god has a last name. Never met the guy myself.
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  #15  
Old 01-01-2014, 12:24 PM
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Originally Posted by Mssr. Eleganté View Post
You are incorrect on this. It's perfectly legal for non-immigrant aliens (tourist,work,student visas) to possess and purchase firearms, as long as they have a valid hunting license from any State and meet the state residency requirement for the State they are purchasing in.
Please cite the legal verbiage.

Cuz if outside
https://help.cbp.gov/app/answers/det...sport-purposes
Bringing a firearm or ammunition to the U.S. for hunting/sport purposes

What is required to bring a firearm to the U.S. for hunting purposes?

Effective February 19, 2002, ATF requires nonimmigrant visitors entering the U.S. with firearms or ammunition to obtain a federal permit through ATF in advance of their arrival. U.S. law also forbids certain nonimmigrant visitors, workers and students from buying guns and ammunition in the U.S. Diplomats, foreign law enforcement officials and visiting dignitaries designated by the U.S. Department of State are not exempt from this requirement when bringing a gun for hunting purposes.

You will need to obtain and complete ATF Form 6NIA (5330.3D Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens) to apply for the ATF permit. You will also be required to obtain a license from any state in the U.S. where you intend to hunt. Please note that you may fax the ATF Form 6 NIA-5330.3D application to (304) 616-4554 for expedited processing.

You may contact ATF's Firearms and Explosives Import office by email at eps@atf.gov

Last edited by Lebaneseblonde; 01-01-2014 at 1:26 PM..
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  #16  
Old 01-01-2014, 2:34 PM
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Originally Posted by Lebaneseblonde View Post
Please cite the legal verbiage.

Cuz if outside
https://help.cbp.gov/app/answers/det...sport-purposes
Bringing a firearm or ammunition to the U.S. for hunting/sport purposes

What is required to bring a firearm to the U.S. for hunting purposes?

Effective February 19, 2002, ATF requires nonimmigrant visitors entering the U.S. with firearms or ammunition to obtain a federal permit through ATF in advance of their arrival. U.S. law also forbids certain nonimmigrant visitors, workers and students from buying guns and ammunition in the U.S. Diplomats, foreign law enforcement officials and visiting dignitaries designated by the U.S. Department of State are not exempt from this requirement when bringing a gun for hunting purposes.

You will need to obtain and complete ATF Form 6NIA (5330.3D Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens) to apply for the ATF permit. You will also be required to obtain a license from any state in the U.S. where you intend to hunt. Please note that you may fax the ATF Form 6 NIA-5330.3D application to (304) 616-4554 for expedited processing.

You may contact ATF's Firearms and Explosives Import office by email at eps@atf.gov
That (importing) is different from a non-citizen being able to purchase and use firearms in the US, which was Mssr. Eleganté's reply.
Quote:
Q3. May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant alien visa purchase or possess a firearm in the U.S.?
A3. An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien falls within one of the following exceptions:
(1) is in possession of a hunting license or permit lawfully issued by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired;
(2) was admitted to the United States for lawful hunting or sporting purposes; (3) has received a waiver from the prohibition from the Attorney General of the United States;
(4) is an official representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States;
(5) is en route to or from another country to which that alien is accredited;
(6) is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
(7) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
http://www.atf.gov/files/firearms/fa...ant-aliens.pdf
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Last edited by Librarian; 01-01-2014 at 2:37 PM..
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  #17  
Old 01-01-2014, 2:53 PM
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I knew a Swedish student (21+) who bought a 22LR handgun here, thirty years ago. It was a S&W Mod.41 target.

He had a harder time getting it back into his country.

He had to get a permit, and have the gun stored at a gun club/range. Personal possession at his home is not allowed.
Permits for large caliber handguns are not issued.

That is where incremental gun control leads.
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Old 01-01-2014, 6:35 PM
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Originally Posted by Librarian View Post
That (importing) is different from a non-citizen being able to purchase and use firearms in the US, which was Mssr. Eleganté's reply. http://www.atf.gov/files/firearms/fa...ant-aliens.pdf
The original post stated that he is from Australia. He has YET to state whether he is a us citizen. Or not. And merely that he is coming in 2015.

Entry to the USA is either by non immigrant status or immigrant intention ie permanent resident status
One is not afforded the Privilege of firearm owner in the us.
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Old 01-01-2014, 6:53 PM
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Both types of immigrants are allowed to purchase and possess firearms. It's perfectly legal for non-immigrant aliens to own firearms if they have a hunting license. Librarian even posted a quote from ATF's FAQ page for you.

Last edited by Mssr. Eleganté; 01-01-2014 at 6:56 PM..
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Old 01-01-2014, 6:58 PM
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Originally Posted by Librarian View Post
That (importing) is different from a non-citizen being able to purchase and use firearms in the US, which was Mssr. Eleganté's reply.
Plus you missed this of the PDF.....
In addition, a nonimmigrant alien legally in the United States with or without a nonimmigrant visa may lawfully acquire a firearm only if he/she meets State of residence requirements as required by the Federal government. For more information, see ATF Ruling 2010-6 at: http://www.atf.gov/regulations-rulin...ing-2010-6.pdf.


Welcome to the round around. I have lived in the us on a non immigrant visa 2001 thru 2012 those visas had three years valid stay renewal dates , resided in four states in the western half of the union and paid both federal and states taxes ( a lot of non immigrants visa opt not to pay us taxes) It was nothing but rhetoric . The only state where I had a slight glimmer of hope was Washington state. Why? Because is states in the statue specifically addresses. " persons from Canada".
(1) A nonimmigrant alien, who is not a resident of Washington or a citizen of Canada, may carry or possess any firearm without having first obtained an alien firearm license if the nonimmigrant alien possesses:

(a) A valid passport and visa showing he or she is in the country legally;

(b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and

(c)(i) A valid hunting license issued by a state or territory of the United States; or

(ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.

(2) A citizen of Canada may carry or possess any firearm so long as he or she possesses:

(a) Valid documentation as required for entry into the United States;

(b) If required under federal law, an approved United States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by nonimmigrant aliens; and

(c)(i) A valid hunting license issued by a state or territory of the United States; or

(ii) An invitation to participate in a trade show or sport shooting event being conducted in this state, another state, or another country that is contiguous with this state.

(3) For purposes of subsections (1) and (2) of this section, the firearms may only be possessed for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used. Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license.
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.175

I hadn't lived in the state long enough to qualify for wa state residency.

Honestly it's not that easy.

Last edited by Lebaneseblonde; 01-01-2014 at 7:03 PM..
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  #21  
Old 01-01-2014, 7:12 PM
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Until last year, ATF required non-immigrant aliens with a hunting license to reside in a State for 90 continuous days before they could buy a firearm. They sent out memos recently saying the 90 day requirement no longer applied.
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Old 01-01-2014, 7:13 PM
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Quote:
Originally Posted by Mssr. Eleganté View Post
Until last year, ATF required non-immigrant aliens with a hunting license to reside in a State for 90 continuous days before they could buy a firearm. They sent out memos recently saying the 90 day requirement no longer applied.
Ahhhhh so I am NOT a retard. And I wasn't wrong, Just not current as I gained my permanent status and the other bull**** didn't apply to me anymore.

Beside couldn't have you included that bit of information back on post 13?

Last edited by Lebaneseblonde; 01-01-2014 at 7:20 PM..
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Old 01-04-2014, 1:39 AM
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Ahhhhh so I am NOT a retard. And I wasn't wrong, Just not current as I gained my permanent status and the other bull**** didn't apply to me anymore.

Beside couldn't have you included that bit of information back on post 13?
You were wrong. You claimed non-immigrant aliens couldn't purchase firearms.
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