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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 03-01-2013, 10:39 AM
JohnnyAppleseed JohnnyAppleseed is offline
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Default Do California Gun Laws "Travel with you?"

My girlfriend from California has a misdemeanor assault on her record for pushing somebody. This prevents her from owning, being around guns for the next 10 years. My understanding is that this is a California law only.

My parents live in Arizona and my dad owns a bunch of guns and we wanted to do some shooting. Would her California gun restriction carry over into Arizona even though Arizona has no such restriction?

Thanks
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  #2  
Old 03-01-2013, 11:14 AM
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I dont like answering these question unless I am sure of the answer, but I recall that state level prohibitions only apply in that state.

I cant find it in the wiki, but it has been discussed before.
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Old 03-01-2013, 11:17 AM
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I found this post from Bwiese back in 2011

3.) The CA 10yr prohibition is for CA only and is separate from other matters. If you are legal to own guns in AZ and are in AZ the CA prohibition does not apply there.


http://www.calguns.net/calgunforum/s...d.php?t=477972
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Old 03-01-2013, 1:55 PM
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beware...remember the controversy of the ca dfg head who was hounded by the legislature for hunting mt lion LEGALLY out of state.

they might try to 'influence' AZ in some way...
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Old 03-01-2013, 2:00 PM
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Originally Posted by donw View Post

they might try to 'influence' AZ in some way...
I wish them luck with that. It would be funny to watch. I somehow don't think Jan Brewer is going to be intimidated by Jerry Brown.

-Mb
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Old 03-01-2013, 2:01 PM
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I guess if she moves to AZ, buys guns, then wants to move back to CA in 5 years she will have issues.
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Old 03-01-2013, 2:07 PM
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Quote:
Originally Posted by donw View Post
beware...remember the controversy of the ca dfg head who was hounded by the legislature for hunting mt lion LEGALLY out of state.

they might try to 'influence' AZ in some way...
That was purely about politics not the law. He broke no laws so they could not do anything to him legally......they just used it as an excuse for a political assasination.

As long as the OPs GF isn't a politcal figure she prolly wont attract that kind of attention.
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Old 03-01-2013, 2:51 PM
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I would say only if it was domestic abuse. I would see if there is a firearms check w/o purchase
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Old 03-01-2013, 2:53 PM
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Quote:
Originally Posted by SanPedroShooter View Post
I found this post from Bwiese back in 2011

3.) The CA 10yr prohibition is for CA only and is separate from other matters. If you are legal to own guns in AZ and are in AZ the CA prohibition does not apply there.

http://www.calguns.net/calgunforum/s...d.php?t=477972
What does it mean to be legal to "own" guns in AZ? It's a little bit of a catch-22 isn't it?

She is prohibited from owning them in CA, where she lives. Federal law would seem to prohibit her from buying them in other states because of that law that says that out-of-state purchases must be legal under the laws of both states.

So, if she cannot own them in CA, where she lives, and she cannot buy them in another state, how can she get to the situation where she legally owns a gun? If she cannot get to ownership legally, is it true that she can legally own a gun? (maybe ownership can be legal even if there is no way to accomplish it? purchase/transfer... )

The person in the other thread had moved to Arizona. So, his purchase would not be out of his home state, and CA law has nothing to say about it.

Interesting...
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Old 03-01-2013, 3:02 PM
desertexplore desertexplore is offline
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A good excuse to move out of California?
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Old 03-01-2013, 3:16 PM
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Quote:
Originally Posted by pMcW View Post
What does it mean to be legal to "own" guns in AZ? It's a little bit of a catch-22 isn't it?
What if she already legally owned guns in AZ from whatever past history she had there (residency, had some or all of her CA guns stored there, etc.)?

Then she could possess those guns there as long as AZ didn't hold her particular CA (misdemeanor) violation against in AZ (which I don't think they do - and it's not a 5150 etc).

Also, she may have moved her CA guns outside CA rapidly. Whatever crime that involved a court order to surrender guns means guns in CA. Noted gun lawyer Don Kilmer has already dealt with this situation a couple of times in CA courts and the CA judge just sputtered because he couldn't force return of guns stored outta state.

Quote:
She is prohibited from owning them in CA, where she lives. Federal law would seem to prohibit her from buying them in other states because of that law that says that out-of-state purchases must be legal under the laws of both states.
Yup.

Quote:
So, if she cannot own them in CA, where she lives, and she cannot buy them in another state, how can she get to the situation where she legally owns a gun? If she cannot get to ownership legally, is it true that she can legally own a gun? (maybe ownership can be legal even if there is no way to accomplish it? purchase/transfer... )
Aside from instances of her own guns being in AZ - either because they were her CA guns shipped/stored there, or because she bought gun(s) in AZ during a possible prior residency, or because she had legitimate dual residency...

If she is not prohibited in AZ due to any law that would consider a CA violation, and is still a CA resident, she can:

- at least TOUCH and USE a gun owned by someone else (going to range, hunting, etc.) I am unclear on 'borrowing'.

- receive a gun thru inheritance/bequest/probate; CA law exempts this from FFL intermediation, and Fed law
doesn't require FFL in this instance. A firearm acquired this way can be acquired by someone not in his
home state, as long as it is legal in the recipient state. This is how a CA resident can in fact inherit an
AW (as long as it stays outside CA) - no FFL needed, therefore CA residency not a blocking item.
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Last edited by bwiese; 03-01-2013 at 3:27 PM..
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Old 03-01-2013, 3:44 PM
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Quote:
Originally Posted by bwiese View Post
What if she already legally owned guns in AZ from whatever past history she had there (residency, had some or all of her CA guns stored there, etc.)?

Then she could possess those guns there...
Ah, of course! The possibility that she might have hypothetically already owned guns that were stored out of state never occurred to me. Which is pretty silly of me, considering that I actually own a firearm that is stored outside of California...

Never mind!
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M1A, Mini-14, M1 Carbine, Garand? Not banned.

Remove BB or similar device after AW reg? We don't know.
Quote:
(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). SB 880 | AB 1135
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Old 03-01-2013, 3:56 PM
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It wouldn't surprise me to see the politburo of the PRC enact some sort of legislation to prohibit California residents under those restrictions from shooting firearms if they are out of state. Much the same as donw's posting about the former head of DFG who participated in a legal mountain lion hunt in Idaho.
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