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  #1  
Old 12-10-2008, 8:09 PM
qwerty qwerty is offline
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Default some basic questions on CA laws

I'm hoping this is the right forum, but here goes...

Let me start off by saying I'm pretty new to pistols, but I'm a quick learner and have taken one of the NRA FIRST steps pistols course. I'll hopefully be bringing my Springfield XD40 and S&W model 41 with me if and when I make the move to CA.

I've been trying to read up on CA law and have some questions/things I want to make sure I'm understanding correctly.
1. Regarding the 10 round magazine restrictions. I've been looking over http://www.nraila.org/statelawpdfs/CASL.pdf which states
Quote:
It is unlawful for any person who manufactures,
imports, or offers for sale, gives, or lends any ammunition
magazine that can hold more than 10 rounds (not
including .22 tube magazines). Exceptions include: a
loan of a lawfully possessed magazine to a person who is
not prohibited from possessing firearms or ammunition,
if such loan occurs at a place where possession of the
magazine is not otherwise prohibited and the person who
lends the magazine remains in the accessible vicinity to the
person to whom the magazine is loaned; the importation
of a magazine by a person who lawfully possessed the
magazine in the state prior to January 1, 2000, lawfully
took it out of the state and is returning to the state; the
sale or purchase of a magazine to or by a person licensed
to sell firearms; and the lending or giving of a magazine to
a licensed dealer or gunsmith for repair and its return to
its owner.
Since I'm not originally from CA (as in I didn't "lawfully possess" my 12 round XD40 mags in CA before 1/1/2000), I'm guessing I'll need to replace them with 10 round mags, no ifs, ands or buts.

2. Since CA requires registration of pistols, what do I have to do when I arrive in CA? I know I need to register (thumbprint and all) my pistols within 60 days of becoming a CA resident, but what do I need to do before my CA residency is granted? Do I need to notify anyone in particular? Anyone care to walk me through this registration process?

3. Again, from the NRA pdf for CA
Quote:
No person shall purchase or transfer a handgun to
someone without a Handgun Safety Certificate (HRC).
To receive a handgun safety certificate, a person must
pass a written test that includes but is not limited to laws
applicable to the ownership, use, handling, and carrying
of firearms, particularly handguns. A CA DOJ certified
instructor must administer the Handgun Safety Certificate
test. The HRC is valid for 5 years.
Do I need to get a HSC before moving to CA (and bringing my pistols with me)? Or do HSC's only apply if I want to buy a gun after I become a CA resident?
Kind of a random question, but is a HSC only based on a written test?

4. Are there any cities/counties that completely prohibit pistol ownership (or have other restrictions)? I remember hearing how San Francisco had a ban like this, but it was overturned sometime this year.


I'm sure I'll have more questions, but these are the first ones that came to mind. Let me know if there's anything else I should know TIA
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  #2  
Old 12-10-2008, 8:51 PM
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zinfull zinfull is offline
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You have most of the law figured out.

Yes you have to leave the mags that hold more than 10 rounds at the border.

When you arrive in the state to live you need to send in the paper work to the state about ownership and $19 per gun. form Firearm Ownership Record at http://ag.ca.gov/firearms/forms/

You need the HCS because it allows you to buy more hand guns and you need it to borrow a pistol from a friend. It is a very easy written test.

There are certain pistols which can not be bought at the stores in CA due to the hand gun Not Unsafe List. So buy the guns you want which are not on the list. Most of the guns are older models but some of the newer ones are not on either. check this page http://certguns.doj.ca.gov/

As of now the worst place is SF but they tried to restrict but lost in court. In the state you must keep your firearms secure if there are children in the house.

Jerry

Last edited by zinfull; 12-10-2008 at 8:59 PM..
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  #3  
Old 12-10-2008, 8:52 PM
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Cool

Rather than stressing my arthritis with a LONG explanation, I'll point you to a website.

http://caag.state.ca.us/firearms/pubfaqs.htm

When you finish reading the Q&A, feel free to post any remaining questions.
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  #4  
Old 12-10-2008, 8:56 PM
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zinfull had all the right answers - just to add that the form you want as a 'personal handgun importer' is available from CA-DOJ on their web site here - .PDF file.

More detailed info about HSC is here.

And much as they might like to do it, no successful bans on owning pistols in any city/county in the state.
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  #5  
Old 12-12-2008, 9:30 PM
qwerty qwerty is offline
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Great, thanks for the links.

If anyone else is looking, this seems to be the most important for pistol owners moving to CA:

Quote:
Originally Posted by http://caag.state.ca.us/firearms/pubfaqs.htm#24
I am moving into California and I own several handguns. What are the new-resident registration requirements?

You are considered to be a personal handgun importer as defined by California law. You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the New Resident Handgun Ownership Report. PDF logo [PDF 518 kb / 2 pg] You are not required to report rifles or shotguns. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California.

(PC sections 12001(n), 12072(f)(2))
edit: so it looks like bringing handguns into CA doesn't require me to get thumbprinted?

and http://ag.ca.gov/firearms/ab991.php


And now for some more questions:
Quote:
Originally Posted by http://caag.state.ca.us/firearms/pubfaqs.htm#30
I'm not sure whether I can legally possess and/or purchase firearms. Is there a way to find out before I attempt to purchase one?

Yes. You may request the Department of Justice to conduct a firearms eligibility background check by submitting a Personal Firearms Eligibility Check (PFEC) application PDF logo [PDF 72 kb / 2 pg] to the Department of Justice. For more information about how to request a PFEC, please visit our PFEC FAQ section. Applications are also available through your local firearms dealer.
Quote:
Originally Posted by http://caag.state.ca.us/firearms/pubfaqs.htm#6
What are the restrictions on firearms possession?

Any person who has a conviction for any misdemeanor listed in Penal Code section 12021(c)(1) or for any felony, or is addicted to the use of any narcotic drug, or has been held involuntarily as a danger to self or others pursuant to Welfare and Institutions Code Section 8103 is prohibited from buying, owning, or possessing firearms. Various other prohibitions exist for mental conditions, domestic restraining/protective orders, conditions of probation, and offenses committed as a juvenile.

PC Sections 12021 and 12021.1, Welfare and Institutions Code Sections 8100 - 8103)
Is a PFEC just for people who aren't sure if they meet the requirements from the second quote?


Can someone tell me a little bit more about "FFL collector with COE (curio and relic handguns only)"

Last edited by qwerty; 12-12-2008 at 9:51 PM..
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  #6  
Old 12-12-2008, 9:32 PM
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Welcome to the fight!
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  #7  
Old 12-13-2008, 12:56 AM
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Answers indented within quote ....
Quote:
Originally Posted by qwerty View Post
Great, thanks for the links.

edit: so it looks like bringing handguns into CA doesn't require me to get thumbprinted?
Right.
And now for some more questions:

Is a PFEC just for people who aren't sure if they meet the requirements from the second quote?
Right again.
Can someone tell me a little bit more about "FFL collector with COE (curio and relic handguns only)"
C&R license with Certificate of Eligibility - presumably you are interested in the exception to PC 12070
Quote:
(b)(17) The delivery of an unloaded firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, by a person licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto with a current certificate of eligibility issued pursuant to Section 12071 to a dealer.
COE is basically a pre-background check - apply with Certificate of Eligibility (COE) Application and Live Scan Request Form that lets you buy C&R inside CA without using an 01-FFL. You can already skip the FFL for C&R long guns, so I think this may be somewhat useful for C&R handguns.

C&R isn't my area - I think there's more to it than that.

IIRC COE is also required for gun store employees.
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Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.


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  #8  
Old 12-13-2008, 4:48 AM
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Just disassemble your normal capacity mags and keep them that way. Do not re-assemble them or you will be manufacturing "high capacity magazines." I do not think the XD existed before the 2000 so you must be sure not to assemble them. Just hold onto them until you move to where they are legal....
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Old 12-13-2008, 2:01 PM
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Quote:
Originally Posted by ZombieKiller View Post
Just disassemble your normal capacity mags and keep them that way. Do not re-assemble them or you will be manufacturing "high capacity magazines." I do not think the XD existed before the 2000 so you must be sure not to assemble them. Just hold onto them until you move to where they are legal....
Weren't they HS2000 before they became XD? I'm just not sure what year they were imported in the US. Even if it was before 2000 he was not a CA resident before that.

I agree hanging on to it disassembled.
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Old 12-19-2008, 11:14 AM
qwerty qwerty is offline
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Quote:
Originally Posted by ZombieKiller View Post
Just disassemble your normal capacity mags and keep them that way. Do not re-assemble them or you will be manufacturing "high capacity magazines." I do not think the XD existed before the 2000 so you must be sure not to assemble them. Just hold onto them until you move to where they are legal....
Quote:
Originally Posted by vega View Post
Weren't they HS2000 before they became XD? I'm just not sure what year they were imported in the US. Even if it was before 2000 he was not a CA resident before that.

I agree hanging on to it disassembled.
Yep, XD's were HS2000's in a previous life
Looks like the plan is to leave my mags with family not in CA.

As for C&R...looks like I've got some more reading to do.
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Old 12-19-2008, 12:57 PM
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Welcome qwerty!
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