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  #1  
Old 09-11-2019, 4:14 AM
tunaprime tunaprime is offline
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Default PC 27585: Do I actually live in CA and I just donít know it?

Hi All. First, Iím grateful for this forum. Iíve read numerous threads about the application of PC 27585. My situation is a bit different and before I consult an attorney when I move to CA, I wanted to get everyoneís take on it.

I moved from CA to CT in Jan of 2019 for a job. Since here, I purchased numerous off-roster handguns and an AR-type ďotherĒ which is considered a pistol in CA. I also changed my DL, car registration, voter registration, health insurance, everything.

However, I have an S Corp in CA for a side business that is also registered as a foreign corp in CT (because Iím here now). Tax-wise, I would have to pay taxes in CT because the S Corp is a pass through entity. Simply because of the fact that there is an S Corp in CA whose owner is a CT resident, does that mean Iím actually a CA resident?

I ask because the job isnít working out for me and now the prospect of moving out of CT is very real. Iím still trying to decide whether Iíd like to move to CA, UT, or NH. But if I move to CA, will I have trouble brining my off-roster handguns including my AR pistol (which will be maglocked)?
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Old 09-11-2019, 9:09 AM
Califpatriot Califpatriot is offline
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No, you moved to Connecticut with the intention of residing there indefinitely, as evidenced by your change of DL, car reg, voter reg, health insurance, residence, and employment. The fact that you may need to move back because things changed doesn't make you an unintentional CA resident. As a practical matter, I haven't seen any evidence that this is something DOJ is looking at enforcement of closely anyway.
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Old 09-11-2019, 9:15 AM
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OlderThanDirt OlderThanDirt is offline
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Even though you are not a California resident, the Franchise Tax Board is always looking for contributions.
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Old 09-11-2019, 10:32 AM
tunaprime tunaprime is offline
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Speaking of which, my S Corp does pay taxes to the FTB but I donít know of that technically means that I pay them personally and am thus a resident.
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Old 09-11-2019, 10:48 AM
Califpatriot Califpatriot is offline
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Quote:
Originally Posted by tunaprime View Post
Speaking of which, my S Corp does pay taxes to the FTB but I donít know of that technically means that I pay them personally and am thus a resident.
Paying taxes to a state does not make you a resident. Buster Posey pays taxes to New York when the Giants play at Citi Field but he's not a New York resident.
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Old 09-11-2019, 1:17 PM
d0rkus d0rkus is offline
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You would be considered a new resident if you move back to CA. The pistol you purchased during this time (off roster in CA) will only be questioned if they're a model that comes with a threaded barrel. As for the AR pistol, it needs to be maglocked or in single shot configuration.
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Old 09-11-2019, 5:25 PM
Chewy65 Chewy65 is offline
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What you are asking is if you qualify as a Personal Firearms Importer under PC 17000(a)(6). To determine if one has moved to CA for the purpose of residence subsection (b)(1) of 17000 tells us to look to VC 12505 and it begins by explaining that residency is one's state of domicile and that one has but one domicile. The VC section then instructs us that our state of domicile is where we have our "permament home and principal place of residence".

Were an attorney to review your issue, I believe they would start by determining if you had any kind of "home" in CA after you departed in January. If you did, they would then get into whether your principal residence was the one in CA or CT. I don't know that the intention to return is even relevant if one's only residence is in CT.
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Old 09-12-2019, 3:40 AM
tunaprime tunaprime is offline
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Sorry. I should have clarified. PC 27585 Is often cited in scenarios where CA residents move out of state only to come back in which CA would have considered them to be returning residents or residents while they were gone since they had significant ties to CA in the form of paying taxes even though they were residents of a different state. In my case, I never left with the intention of returning but I wouldnít want CA to say that I was indeed a resident while I was gone for the purposes of importation of firearms and thus I wouldnít be allowed to bring my off roster handguns
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Old 09-12-2019, 7:48 AM
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California retains ownership rights over you no matter where you move too.
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Old 09-12-2019, 8:36 AM
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Quote:
Originally Posted by Jimi Jah View Post
California retains ownership rights over you no matter where you move too.
"You can check out any time you like,
But you can never leave."

Eagles
Hotel California
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Old 09-18-2019, 12:16 AM
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can not say what the doj will do.
(they sometimes do not care what the law says or was meant to say, just what they believe it meant).
but if you moved your "home" to another state, held a job there, secured a dl, registered to vote, a library card, etc your legal domicile is in that other state.
did--do you still own a house, apt, condo, or just dirt in ca, could be a problem from the doj.
they could say you never meant to move out of ca.

time to lawyer up.
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