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| The California Firearms Enthusiast's Home On The Internet |
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| 2nd Amend. Politics and Laws Discuss gun rights and 2A related political topics here. All advice given is NOT legal counsel. |
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#1
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What's the legality of this? I have a friend coming from AZ that wants to bring his registered ar here to shoot while he's here for the week. The only thing I found on the doj site was http://caag.state.ca.us/firearms/travel.htm
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If he was a CA resident that registered his Colt AR15 as an assault weapon in 1990-91 or another make/model during the 2000 SB23 registration period he should be OK to bring it back in.... BUT:
Make sure he is not confusing assault weapon registration with the original paperwork (4473, DROS) required to buy the rifle at time of purchase. Many people have been burned by confusing these two: "Gee, officer, it's registered - I filled out the yellow form when I bought it at Blastem Guns way back when..." AW registration is an entirely separate matter and did not happen at time of purchase, and was a separate form filled out in very early 90s or in 2000 (actually, up to Jan 22, 2001). If he reg'd it but doesn't have CA registration paperwork, he should get dupe copy of reg papers from Calif DOJ in case there are questions. While you are not required to carry AW reg paperwork with your AW, it is prudent - esp as your friend's situation is more complex and could 'smell bad' up front since he's an out of stater and could be initially perceived as illegally importing an AW. There is a possibility that, somehow, his move out of state and change of DL coulda screwed up his registration. (AW regs are not voided when moved out of state.)
__________________
----------------------- Bill Wiese San Jose, CA CGF Board Member /NRA Patron Member / CRPA Life Member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
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#6
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Bill
SO what your saying is an out of state resident CAN NOT bring his rifle into this state to shoot like in on a vacation even if he can provide the correct credentials like a out of state DL or ID ? |
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#9
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FYI Calif. gun laws are at http://ag.ca.gov/firearms/dwcl/index.html They're reasonably readable for the big things. I'm just amaingly curious, why would you even remotely think someone could legally import an assault weapon into CA unless it were registered, as appropriate, in 1999-91 (Roberti-Roos and catchup reg period) or 2000 (SB23 reg period)? What part of PC 12280 don't you understand? It's been discussed here for years, and not just by me. [The original post in this thread dealt with an out-of-stater that possibly had his AW registered in CA during one of the reg periods. Since AW registrations do not expire or get cancelled due to moving out of state, the original poster's friend can bring it back in if indeed registered.] In general, an out-of-state resident can bring ordinary firearms into CA (long guns, handguns) as long as they're not prohibited assault weapons. He has 60 days from time of becoming a resident to file registration for each handgun he has since he'd be a personal handgun importer. But 12280(a) generally prohibits most conduct with assault weapons, esp unregistered ones. Specifically, it bans both importation and manufacture:
If you are a nonresident, don't come into CA with anything that is considered assault weapon - unless you lived in CA before and had it specially registered at the appropriate time. There is a supposed exemption for 'competitions sponsored by a nationally recognized body' but that involves direct travel to & from the competition, and any overnight stays or side trips or extensions to visit other than the competition itself might render this exemption moot. And it'd have to be a major NRA-sanctioned shoot for this law to have even some utility - a tin can shoot at the Lower Hayward Roller Derby League Classic Tin Can Charity Shoot just won't cut it. This purported exemption should NOT be relied upon. It most likely won't stop an arrest in a traffic encounter esp as it's little-known. It might possibly help as a defense after arrest but should not be counted upon. (Also, this exemption - even if vaild - only applies to the gun itself and not hicap magazines!) I have heard that competetive shooters w/AWs can apply to DOJ for specific-use AW permits for the competition and some short time period surrounding it for transit & overnight stay. This is only rumor, and I have not confirmed if such permits have actually been issued, or if someone was merely requesting one (Again, regardless of issuance of such a permit, hicap magazines are not treated by such, and cannot be imported.) Any out-of-stater wanting to shoot competitively (or otherwise) in CA with a semiauto should bring a Garand or an M1A without flash hider - or revert to a bolt gun. (I'd add Mini-14 - but those would be laughable for competition since we know 3/4 of 'em don't have minute-of-barn-door accuracy! )
__________________
----------------------- Bill Wiese San Jose, CA CGF Board Member /NRA Patron Member / CRPA Life Member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. Last edited by bwiese; 06-19-2006 at 07:58 PM.. |
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#10
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P.S. I love how he emphasized "LAW" in caps as though he thought you were going to be at a loss and unable to provide support. Oh well, now he knows. Last edited by ohsmily; 06-19-2006 at 08:11 PM.. |
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