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  #1  
Old 01-14-2019, 3:17 AM
sal_vargas30 sal_vargas30 is offline
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Default Returning back to CA

Hello everyone,

I’m on active duty orders in Hawaii and my contract expires this year in 2019. I’m returning home to California and will no longer be in the military. My Home of Record is California and I pay California taxes on my tax return, so that makes me a California resident still I assume.

I’ve got 3 firearms to take with me that I recently purchased in Hawaii in 2018:
1. Glock 19 Gen 3
2. Mossberg 590A1
3. Colt M4 Carbine

Will I be okay on all 3 to transfer to an FFL and have them transferred to me once I get back? Do I have to register any firearms afterward?

Secondly, I read on the assault weapon flowcart in appendix A “Colt AR15 (all)” is listed. Is my Colt M4 Carbine banned? “Colt M4 Carbine” is stamped on the lower receiver, and does not say AR15 anywhere.

PC 30510 states “(f) As used in this section, “series” includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.”

Just need some clarification and confirmation here. It’s a bit confusing.
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  #2  
Old 01-14-2019, 4:35 AM
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Full Clip Full Clip is offline
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Quote:
Originally Posted by sal_vargas30 View Post
It’s a bit confusing.
And the Understatement of the Year Award goes to...
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Old 01-14-2019, 7:20 AM
SAD338 SAD338 is offline
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https://www.calguns.net/calgunforum/....php?t=1446745
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Old 01-14-2019, 11:23 AM
sal_vargas30 sal_vargas30 is offline
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Originally Posted by SAD338 View Post
Thank you. After reading that thread I know that the rifle is now good to ship to an FFL with no issues.

Do you know if I’ll have to register it with the state of CA after I transfer it to an FFL?
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Old 01-14-2019, 11:41 AM
SAD338 SAD338 is offline
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Since you're a new resident, you have 60 days to register all your firearms with the state. It's a simple $19 form for the personal importer form.

You will need to make your AR15 compliant. Just convert it to featureless (i.e. pin the stock and stick on a Sparrow/Resurgent Arms grip. no flash hider.).
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Old 01-14-2019, 12:17 PM
sal_vargas30 sal_vargas30 is offline
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Quote:
Originally Posted by SAD338 View Post
Since you're a new resident, you have 60 days to register all your firearms with the state. It's a simple $19 form for the personal importer form.

You will need to make your AR15 compliant. Just convert it to featureless (i.e. pin the stock and stick on a Sparrow/Resurgent Arms grip. no flash hider.).
I’m considered a new resident even though my Home of Record is CA? The new resident form does seem pretty simple. No need for an FFL then right?

I’ve added a Compmag to covert the rifle; “fixed” magazine that needed to be screwed into the rifle
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Old 01-14-2019, 12:59 PM
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https://www.calguns.net/calgunforum/....php?t=1246837
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Old 01-14-2019, 4:20 PM
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Quote:
Originally Posted by sal_vargas30 View Post
Thank you. After reading that thread I know that the rifle is now good to ship to an FFL with no issues.

Do you know if I’ll have to register it with the state of CA after I transfer it to an FFL?
It can't be registered as a so-called a-salt weapon as the time has passed. It would need to be featureless.

Quote:
Originally Posted by sal_vargas30 View Post
I’m considered a new resident even though my Home of Record is CA? The new resident form does seem pretty simple. No need for an FFL then right?
Be careful in getting what could be legal advice on the Internet. I would assume that since you were considered a CA resident, you wouldn't be considered to be a new resident, so you might want to look at 27585 with respect to importing firearms.

You would need to contact the CA DOJ, who might not want to tell you the legal aspect, or contact an attorney to determine whether you could use the new resident or current resident aspect. My view is that you should take the safe route and ship them to a FFL as 27585 says. As you said, you have been considered a CA resident and have been paying CA income tax.

https://leginfo.legislature.ca.gov/f...ctionNum=27585
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Old 01-14-2019, 6:41 PM
sal_vargas30 sal_vargas30 is offline
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Quote:
Originally Posted by kemasa View Post
It can't be registered as a so-called a-salt weapon as the time has passed. It would need to be featureless.



Be careful in getting what could be legal advice on the Internet. I would assume that since you were considered a CA resident, you wouldn't be considered to be a new resident, so you might want to look at 27585 with respect to importing firearms.

You would need to contact the CA DOJ, who might not want to tell you the legal aspect, or contact an attorney to determine whether you could use the new resident or current resident aspect. My view is that you should take the safe route and ship them to a FFL as 27585 says. As you said, you have been considered a CA resident and have been paying CA income tax.

https://leginfo.legislature.ca.gov/f...ctionNum=27585
Excellent info! Yes, I’ll contact the CA DOJ and an attorney to finally settle the new resident or current resident aspect. I think it’s safest to ship to an FFL and move from there regardless.

Up at the top of your response you said that it has to be featureless. Will a “fixed” magazine not do? I was following the AW flowcart and it read fixed magazine or featureless will do. Thanks for your help!
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Old 01-14-2019, 6:43 PM
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The State of California wants all firearms registered. If these are not registered the State will require them to be registered. Regardless of manufacturer if the rifle has "naughty bits" like flash hider and adjustable stock you have a problem. It really is best to ask proper counsel before you return and avoid problems than it is to get here and have to fix problems.
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  #11  
Old 01-14-2019, 6:47 PM
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Quote:
Originally Posted by sal_vargas30 View Post
...
Up at the top of your response you said that it has to be featureless. Will a “fixed” magazine not do? I was following the AW flowcart and it read fixed magazine or featureless will do. Thanks for your help!
In general, yes, but there can be aspects which a non-detachable magazine won't fix, such as overall length. The fixed magazine has to also be 10 rounds or less. If you carefully follow the flowchart, you should be ok. Make sure you look at the ban by name aspect as well.
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Last edited by kemasa; 01-14-2019 at 6:50 PM..
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