Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > How CA Laws Apply to/Affect Me
Register FAQ Members List Calendar Mark Forums Read

Closed Thread
 
Thread Tools Display Modes
  #1  
Old 04-15-2019, 5:30 AM
Marauder2003's Avatar
Marauder2003 Marauder2003 is offline
S/360 Changed The Game
CGN Contributor
 
Join Date: Aug 2010
Location: CA >>>> NV
Posts: 925
iTrader: 0 / 0%
Default Am I legal?

01/2018 house bought in NV
02/2018 CA ‘evil’ guns moved to NV
03/2018 Became resident of NV. DL, voters reg, cars titled and registered.
04/2018-03/2019 remaining guns moved to NV. CA safe sold.
04/2019 CA house listed, offer accepted.

How do I handle my Kahr PM9? I have it in a locked case cable locked to the car when I go between locations. Can I even bring it into CA? I think it is still on the roster.

Still spending more time in CA than NV as I am self moving the boxes, etc. Large furniture pro moved when house closes.
__________________
  #2  
Old 04-15-2019, 7:02 AM
alland alland is offline
Member
 
Join Date: Jun 2011
Location: Hanford
Posts: 364
iTrader: 16 / 100%
Default

The roster has nothing to do with being able to legally posses a handgun. As long as it is unloaded and in a locked case you are legal.
  #3  
Old 04-15-2019, 8:36 AM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,641
iTrader: 0 / 0%
Default

Ditto on the PM9, as long as it is unloaded. The rest of your question can't really be answered, if your real question is if you will be considered a CA resident? It is hard to tell if you will have been found to have yet changed your state of residence if you still spend most of your time here and residency can come down to a question of fact that is up to the whims of the trier of fact Be it judge or jury, and one loses that one even if they win, after all the personal and financial costs of a an arrest and prosecution.
__________________
This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.

Last edited by Chewy65; 04-15-2019 at 8:41 AM..
  #4  
Old 04-15-2019, 10:18 AM
Marauder2003's Avatar
Marauder2003 Marauder2003 is offline
S/360 Changed The Game
CGN Contributor
 
Join Date: Aug 2010
Location: CA >>>> NV
Posts: 925
iTrader: 0 / 0%
Default

Well, packing and moving piecemeal takes time.

Quote:
Originally Posted by Chewy65 View Post
Ditto on the PM9, as long as it is unloaded. The rest of your question can't really be answered, if your real question is if you will be considered a CA resident? It is hard to tell if you will have been found to have yet changed your state of residence if you still spend most of your time here and residency can come down to a question of fact that is up to the whims of the trier of fact Be it judge or jury, and one loses that one even if they win, after all the personal and financial costs of a an arrest and prosecution.
__________________
  #5  
Old 04-15-2019, 1:35 PM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,641
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Marauder2003 View Post
Well, packing and moving piecemeal takes time.
Understood, but if you are worried about being prosecuted as a CA resident, the best thing is to assume that you will be considered one even though you believe you are now the resident of NV. If you buy any firearms in NV, do not bring them into CA even if they are on the roster, without having them initially imported into CA by delivery to a CA FFL. Do not bring LCMs in. If the ammunition law is now in effect, and I am not up do date on if and when it goes into effect, do not bring more than 50 rounds of ammo in acquired from outside of CA. It may be a bunch of chicken **** stuff, and how likely it is to be enforced may be a horse of another color, but that is what I would do if I didn't want to worry about the stuff.
__________________
This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
  #6  
Old 04-15-2019, 3:57 PM
Marauder2003's Avatar
Marauder2003 Marauder2003 is offline
S/360 Changed The Game
CGN Contributor
 
Join Date: Aug 2010
Location: CA >>>> NV
Posts: 925
iTrader: 0 / 0%
Default

I am just concerned about traveling with a CA purchased (when I was a resident of CA) on-roster gun back into CA. I have no safe in CA so I can't leave it in the CA house.
__________________
  #7  
Old 04-15-2019, 4:11 PM
code_blue's Avatar
code_blue code_blue is offline
Veteran Member
 
Join Date: Sep 2012
Location: Sack-O-Tomatos
Posts: 3,131
iTrader: 122 / 100%
Default

You're fine. Unloaded in a locked container.

Roster only applies to pistols acquired via CA-based dealer transfer that are not otherwise exempt transactions. That is not your situation.
  #8  
Old 04-15-2019, 4:15 PM
Dvrjon Dvrjon is online now
Calguns Addict
 
Join Date: Nov 2012
Posts: 6,494
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Chewy65 View Post
Understood, but if you are worried about being prosecuted as a CA resident, the best thing is to assume that you will be considered one even though you believe you are now the resident of NV. If you buy any firearms in NV, do not bring them into CA even if they are on the roster, without having them initially imported into CA by delivery to a CA FFL. Do not bring LCMs in. If the ammunition law is now in effect, and I am not up do date on if and when it goes into effect, do not bring more than 50 rounds of ammo in acquired from outside of CA. It may be a bunch of chicken **** stuff, and how likely it is to be enforced may be a horse of another color, but that is what I would do if I didn't want to worry about the stuff.
The ammunition law has been in effect since Nov 9, 2016. It was amended by statute on 1/1/2017. The portion of the Proposition which bans Large Capacity Magazines (the legal language of the Proposition) has been found unconstitutional, but the order is pended awaiting appeal. On July 1, 2019, automated "instant" ammunition background checks are supposed to start.

The statute doesn't include a "50 round limit" on ammunition importation. (This was in the Proposition and was chaptered out by passage of SB 1235, effective 1/1/2017). However, the new statute does prohibit CA residents from importing ammunition into the state. A NV DL and license plates should alleviate that concern.

Personal Firearms Importer:
Quote:
PEN 17000.
(a) As used in this part, until January 1, 2014, any reference to the term “personal firearm importer” shall be deemed to mean “personal handgun importer” and, on and after January 1, 2014, any reference to the term “personal handgun importer” shall be deemed to mean “personal firearm importer.” A “personal handgun importer,” until January 1, 2014, and commencing January 1, 2014, a “personal firearm importer” means an individual who meets all of the following criteria:
[...]
(6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after January 1, 2014, as a resident of this state.
[...]
(b) For purposes of paragraph (6) of subdivision (a):

(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.

Vehicle Code 12505.
(a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. “State of domicile” means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.

Prima facie evidence of residency for driver’s licensing purposes includes, but is not limited to, the following:

(A) Address where registered to vote.

(B) Payment of resident tuition at a public institution of higher education.

(C) Filing a homeowner’s property tax exemption.

(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

(2) California residency is required of a person in order to be issued a commercial driver’s license under this code.

(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee’s primary residence is in another state.
I would suggest that, "03/2018 Became resident of NV. DL, voters reg, cars titled and registered", would cover it.
__________________
"People say nothing is impossible, but I do nothing every day.”
"Nothing is foolproof to a sufficiently-talented fool."
"The things that come to those who wait may well be the things left by those who got there first."

Last edited by Dvrjon; 04-15-2019 at 4:22 PM..
  #9  
Old 04-15-2019, 8:16 PM
Marauder2003's Avatar
Marauder2003 Marauder2003 is offline
S/360 Changed The Game
CGN Contributor
 
Join Date: Aug 2010
Location: CA >>>> NV
Posts: 925
iTrader: 0 / 0%
Default

Interesting. Should my moving ordeal extend beyond 7/1 I guess I will have to leave a few magazines in CA and travel with the gun only.
__________________
  #10  
Old 04-15-2019, 8:25 PM
beanz2's Avatar
beanz2 beanz2 is offline
Calguns Addict
 
Join Date: Nov 2008
Posts: 7,436
iTrader: 34 / 100%
Default

Quote:
Originally Posted by Marauder2003 View Post
Interesting. Should my moving ordeal extend beyond 7/1 I guess I will have to leave a few magazines in CA and travel with the gun only.
That's a smart decision, especially with CA-legal 10+ round magazine that cannot return after leaving the state.
__________________

The wife will be pissed, but Jesus always forgives.
  #11  
Old 04-15-2019, 10:00 PM
Quiet's Avatar
Quiet Quiet is offline
retired Goon
 
Join Date: Mar 2007
Location: San Bernardino County
Posts: 23,871
iTrader: 10 / 100%
Default

Quote:
Originally Posted by Marauder2003 View Post
I am just concerned about traveling with a CA purchased (when I was a resident of CA) on-roster gun back into CA. I have no safe in CA so I can't leave it in the CA house.
Transporting it, unloaded and in a locked container, is CA legal.

While being transported...
When the unloaded firearm is in a vehicle, there is no destination requirement.
When the unloaded firearm is not in a vehicle, there is destination requirements. Travel must be directly to and from authorized locations.
__________________


"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.” - Dalai Lama (Seattle Times, 05-15-2001).
  #12  
Old 04-16-2019, 4:54 AM
Marauder2003's Avatar
Marauder2003 Marauder2003 is offline
S/360 Changed The Game
CGN Contributor
 
Join Date: Aug 2010
Location: CA >>>> NV
Posts: 925
iTrader: 0 / 0%
Default

Stock Kahr mags. No 10+ problem. I was looking at the importing ammo restrictions.

Quote:
Originally Posted by beanz2 View Post
That's a smart decision, especially with CA-legal 10+ round magazine that cannot return after leaving the state.
__________________
  #13  
Old 04-16-2019, 6:41 AM
I take shots I take shots is offline
Member
 
Join Date: Feb 2017
Posts: 120
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Marauder2003 View Post
Stock Kahr mags. No 10+ problem. I was looking at the importing ammo restrictions.
My understanding is that the law specifically states the ammo "purchased in another state" so ammo purchased in California could go back and forth.

Yeah the obvious question is, How would they know where you purchased it? So yeah it's unenforceable either way unless you actually claim you bought it out of state.

Not something I plan on worrying about if I travel. Basically zero chance someone is going to get charged with importing ammo because they have some loaded magazines.
  #14  
Old 04-16-2019, 6:45 AM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,641
iTrader: 0 / 0%
Default

While what you said about personal firearms importer is correct, Dvrjohn, I was trying to answer the OP's question in practical way. Especially since PC 17000 and the vehicle code section incorporated therein concern are about new residents to CA. As a practical matter, a CA resident looking for a simple and to be safe, should assume that they will be still be considered a CA resident, imo, given the fact that the OP still spends most of his time in CA.

That an he likely still has a homeowner's exemption filed. He is most likely gong to be considered a NV resident, but if he wants to be safe while the dust settles and he finishes the move, he may want to play it as he is still a CA resident.
__________________
This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
  #15  
Old 04-16-2019, 7:05 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 4,837
iTrader: 1 / 100%
Default

Here is what the actual ammo law says.
30314. (a) Commencing January 1, 2018, a resident of this state shall not bring or transport into this state any ammunition that he or she purchased or otherwise obtained from outside of this state unless he or she first has that ammunition delivered to a licensed ammunition vendor for delivery to that resident pursuant to the procedures set forth in Section 30312.

Pay particular attention to the part that says "a resident of this state". I can pretty much guarantee that any LE the OP may encounter while moving his belonging between here and there, will take one look at his Nv DL and Nv license plate and consider the OP a resident of Nv. All of the "the state may still consider you a resident" is speculation and pure nonsense that would not even matter where the rubber meets the road. Property tax records are not accessible to the cop on the street. Since that cop on the street is the one who has to justify his action on an arrest or citation, where he would have a tough time justifying the first element of the crime "a resident of this state", I would not even have a thought of bringing ammo here from out of state in the OP's situation.
  #16  
Old 04-16-2019, 8:26 AM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,641
iTrader: 0 / 0%
Default

You assume that he is in his NV car when a question of residency comes up, if it ever does. I don't know that he had to turn in his CDL to get a NV license, but what if he still has the CDL? As for the ammunition law, I think it is common knowledge that it is unlikely to be enforced even if did appear to be a CA res, but his question was not what is likely, but if he is legal. Whatever he means by legal. If for some quaint reason he runs up against potential prosecution, any decent lawyer has a lot to argue in support of him not being a CA res, but the pros still has its arguments to make based on what he posted. He still owns that house in CA and still spends most of his time here. The best answer is he is no longer a CA resident is in the act of moving into his now principle domicile, the place he plans to return to whenever he leaves that home, but it isn't clear.
__________________
This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
  #17  
Old 04-16-2019, 8:42 AM
I take shots I take shots is offline
Member
 
Join Date: Feb 2017
Posts: 120
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Chewy65 View Post
As for the ammunition law, I think it is common knowledge that it is unlikely to be enforced even if did appear to be a CA res, but his question was not what is likely, but if he is legal.
I don't see where he would be violating any ammunition law by driving back and forth with loaded magazines. There is no violation to enforce, likely or otherwise.
  #18  
Old 04-16-2019, 9:01 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 4,837
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Marauder2003 View Post
01/2018 house bought in NV
02/2018 CA ‘evil’ guns moved to NV
03/2018 Became resident of NV. DL, voters reg, cars titled and registered.
04/2018-03/2019 remaining guns moved to NV. CA safe sold.
04/2019 CA house listed, offer accepted.


How do I handle my Kahr PM9? I have it in a locked case cable locked to the car when I go between locations. Can I even bring it into CA? I think it is still on the roster.

Still spending more time in CA than NV as I am self moving the boxes, etc. Large furniture pro moved when house closes.
Well it seems pretty obvious to me that he has no intention of living in CA once his move is completed.

Quote:
Originally Posted by Chewy65 View Post
You assume that he is in his NV car when a question of residency comes up, if it ever does. I don't know that he had to turn in his CDL to get a NV license, but what if he still has the CDL? As for the ammunition law, I think it is common knowledge that it is unlikely to be enforced even if did appear to be a CA res, but his question was not what is likely, but if he is legal. Whatever he means by legal. If for some quaint reason he runs up against potential prosecution, any decent lawyer has a lot to argue in support of him not being a CA res, but the pros still has its arguments to make based on what he posted. He still owns that house in CA and still spends most of his time here. The best answer is he is no longer a CA resident is in the act of moving into his now principle domicile, the place he plans to return to whenever he leaves that home, but it isn't clear.
No I'm not assuming anything, it's plainly stated by the OP that he has "03/2018 Became resident of NV. DL, voters reg, cars titled and registered." I also know for a fact that he had to surrender his CDL when he got his NDL. The only one making assumption's here is you. Assuming that by some magical process a beat cop will consider him a CA resident for God know's what.
  #19  
Old 04-16-2019, 10:24 AM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,641
iTrader: 0 / 0%
Default

P5, The OP's question wasn't what the beat cop is going to do. It was if he is legal.
__________________
This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.

Last edited by Chewy65; 04-16-2019 at 10:34 AM..
  #20  
Old 04-16-2019, 10:47 AM
Dvrjon Dvrjon is online now
Calguns Addict
 
Join Date: Nov 2012
Posts: 6,494
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Chewy65 View Post
While what you said about personal firearms importer is correct, Dvrjohn, I was trying to answer the OP's question in practical way. Especially since PC 17000 and the vehicle code section incorporated therein concern are about new residents to CA.
The vehicle Code section establishes guidelines for determining CA residency for licensing purposes. Nothing says, “new residents”. In fact, the statute covers children born in CA reaching the driver-license age.

The first part of the law,

“(a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. “State of domicile” means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.”

clearly shows the OP no longer fits CA into that frame.
Quote:
Originally Posted by Chewy65 View Post
As a practical matter, a CA resident looking for a simple and to be safe, should assume that they will be still be considered a CA resident, imo, given the fact that the OP still spends most of his time in CA.
So, because he spends time in California closing out his affairs and self-moving his property to his new residence out of state, he’s a resident? Remember, the statute says, “(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee’s primary residence is in another state.”That’s pretty well documented by the OPs recorded status.
Quote:
Originally Posted by Chewy65 View Post
That an he likely still has a homeowner's exemption filed.
He’s accepted an offer on the house; it’s in escrow. When that closes, and title passes, he will still have filed for a homeowner’s exemption for this year. Would he still be in jeopardy? Of course not.
Quote:
Originally Posted by Chewy65 View Post
He is most likely gong to be considered a NV resident, but if he wants to be safe while the dust settles and he finishes the move, he may want to play it as he is still a CA resident.
But, he can’t prove CA residency. He doesn’t have the things needed under the VC to show residency. That’s because he’s a Nevada resident.
__________________
"People say nothing is impossible, but I do nothing every day.”
"Nothing is foolproof to a sufficiently-talented fool."
"The things that come to those who wait may well be the things left by those who got there first."
  #21  
Old 04-16-2019, 12:00 PM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,641
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Dvrjon View Post
The vehicle Code section establishes guidelines for determining CA residency for licensing purposes. Nothing says, “new residents”. In fact, the statute covers children born in CA reaching the driver-license age.

See where PC 17000(b) provides that VC 12505 is only to be used to determine if a
Quote:
person moved to this state . . . as a resident.
It says nothing about using it to determine if one moved out of this state as a resident.


The first part of the law,

“(a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. “State of domicile” means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.”

clearly shows the OP no longer fits CA into that frame.

Clearly is a bit strong. What he wrote suggests that he intends to return to CA until the house closes escrow and the larger items are moved by the professionals.

So, because he spends time in California closing out his affairs and self-moving his property to his new residence out of state, he’s a resident? Remember, the statute says, “(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee’s primary residence is in another state.”That’s pretty well documented by the OPs recorded status.

And you are presuming that there is a presumption that his residency is in NV, and in doing so have you considered whether that presumption is also rebuttable? You also failed to account for where a presumption of residency arises from the filing of the homeowner's exemption.

He’s accepted an offer on the house; it’s in escrow. When that closes, and title passes, he will still have filed for a homeowner’s exemption for this year. Would he still be in jeopardy? Of course not.

What happens AFTER he moves is another thing. For now things could be construed as manifesting a present intention to move if the house closes as hoped.

But, he can’t prove CA residency. He doesn’t have the things needed under the VC to show residency. That’s because he’s a Nevada resident.
His filing of the homeowner's exemption gives rise to the prima facie case of residency. To argue he is not a CA resident because he is a NV resident assumes that he is a NV resident. As has been explained time and time again by many here, CA may consider you a res for purposes of CA law, even though another state may consider you its resident per its law. Federal law is different for purposes of gun buying.

Forgetting all that, what you completely fail to consider that I was telling him what would be the safe thing to do in order to avoid any difficulty; not what I would argue if one was criminally charged if they found themselves accused.
__________________
This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.

Last edited by Chewy65; 04-16-2019 at 12:07 PM..
  #22  
Old 04-16-2019, 12:25 PM
Dvrjon Dvrjon is online now
Calguns Addict
 
Join Date: Nov 2012
Posts: 6,494
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Chewy65 View Post
His filing of the homeowner's exemption gives rise to the prima facie case of residency.
And the sale of the house negates the filing.
Quote:
Originally Posted by Chewy65 View Post
To argue he is not a CA resident because he is a NV resident assumes that he is a NV resident.
No, the argument is that he meets none of the criteria under vehicle code to be licensed as a resident. The reason he doesn’t meet the criteria is, he meets those criteria in Nevada as a Nevada resident.
Quote:
Originally Posted by Chewy65 View Post
As has been explained time and time again by many here, CA may consider you a res for purposes of CA law, even though another state may consider you its resident per its law. Federal law is different for purposes of gun buying.[/B]
This isn’t about buying a gun.

OK. I’m out.
__________________
"People say nothing is impossible, but I do nothing every day.”
"Nothing is foolproof to a sufficiently-talented fool."
"The things that come to those who wait may well be the things left by those who got there first."
  #23  
Old 04-16-2019, 12:50 PM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,641
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Dvrjon View Post
And the sale of the house negates the filing. No, the argument is that he meets none of the criteria under vehicle code to be licensed as a resident. The reason he doesn’t meet the criteria is, he meets those criteria in Nevada as a Nevada resident.
This isn’t about buying a gun.

OK. I’m out.
To begin with, what we call a sale in this context is an agreement to transfer realty in exchange for money, usually, and the completion of other requisites during excrow. The actual transfer of property doesn't take place until the close of escrow. Meanwhile, his CA homeowner's exemption is in full force; one of the 3 named grounds giving rise to a prima facie show of residency.

More importantly, you continue with your straw argument. While you try to win an argument about whether or not he is a res of CA of NV, the only issue was that to be safe he should play it as if he is a CA resident. Nobody can tell him with for certain that he will not be considered a CA res for firearm purposes.

You don't know that this isn't about buying a gun. Okay. I see a major disconnect with what he did ask. He asks about bringing his Ca legal PM9 in and out. If that was all he was asking about, I don't know why he even asked if he was legal. I thought he was asking if he was still a CA residence, since I fail to see why he would even bring up those things relevant to determining residency. That federal law was different for gun buying wasn't brought up because the OP's question was about gun buying, but to illustrate that determination of residency under federal law can be different than that of the states.
__________________
This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.

Last edited by Chewy65; 04-16-2019 at 1:02 PM..
  #24  
Old 04-16-2019, 2:40 PM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 4,837
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Chewy65 View Post
P5, The OP's question wasn't what the beat cop is going to do. It was if he is legal.
Exactly, so tell us all, what changes in how a handgun is transported by a Ca resident, or a Nv resident in Ca? I'll give you a hint, NOTHING. For some reason you're hungup on residency, and if Ca could by some obscure means consider the OP a resident, which has nothing to do with what the OP asked. It's irrelevant to the ammo law which wouldn't apply anyway.
  #25  
Old 04-16-2019, 10:05 PM
Quiet's Avatar
Quiet Quiet is offline
retired Goon
 
Join Date: Mar 2007
Location: San Bernardino County
Posts: 23,871
iTrader: 10 / 100%
Default

Quote:
Originally Posted by I take shots View Post
My understanding is that the law specifically states the ammo "purchased in another state" so ammo purchased in California could go back and forth.
This is correct for CA residents.
__________________


"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.” - Dalai Lama (Seattle Times, 05-15-2001).
  #26  
Old 04-17-2019, 7:54 AM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,641
iTrader: 0 / 0%
Default

Quote:
Originally Posted by P5Ret View Post
Exactly, so tell us all, what changes in how a handgun is transported by a Ca resident, or a Nv resident in Ca? I'll give you a hint, NOTHING. For some reason you're hungup on residency, and if Ca could by some obscure means consider the OP a resident, which has nothing to do with what the OP asked. It's irrelevant to the ammo law which wouldn't apply anyway.
You confuse the likelihood of enforcement with what just what is legal. See Quiet's post immediately above as to how relevant residency is to the ammo law.
__________________
This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
  #27  
Old 04-17-2019, 8:09 AM
I take shots I take shots is offline
Member
 
Join Date: Feb 2017
Posts: 120
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Chewy65 View Post
You confuse the likelihood of enforcement with what just what is legal. See Quiet's post immediately above as to how relevant residency is to the ammo law.
A Nevada resident can travel to and from California with loaded magazines or boxes of ammo.

A California resident can travel to and from California with loaded magazines or boxes of ammo, as long as he purchased the ammo in California.

Is the place of purchase really the issue you are sticking on all along? Then why wouldn't you just say, "Make sure you don't bring out of state ammo into the state and you're good to go"?
  #28  
Old 04-17-2019, 8:30 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 4,837
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Chewy65 View Post
You confuse the likelihood of enforcement with what just what is legal. See Quiet's post immediately above as to how relevant residency is to the ammo law.
Will you please just stop.`Read the damn law. Once again here it is,
30314. (a) Commencing January 1, 2018, a resident of this state shall not bring or transport into this state any ammunition that he or she purchased or otherwise obtained from outside of this state unless he or she first has that ammunition delivered to a licensed ammunition vendor for delivery to that resident pursuant to the procedures set forth in Section 30312.

Get off the "the state may consider you a resident" bus it doesn't fit. The very first element of the crime is for the person to be a resident of this state. Clearly you don't understand that, or just plain don't want to.

You have yet to say how someone who is driving a car registered in Nevada, who possess' a Nevada DL, could be considered a resident of California. It's an infraction, how much extra work do you thing anyone is going to do for an infraction?
  #29  
Old 04-17-2019, 8:44 AM
splithoof splithoof is offline
Senior Member
 
Join Date: May 2015
Posts: 1,473
iTrader: 0 / 0%
Default

All of the above is just another example of why California has become the laughing stock of the nation; you folks are spinning around so fast that even a cartoon Tasmanian Devil would get seasick.
OP: unload it, trunk it, drive safe.
No need for another epic five hundred page Calguns thread of rabbit holes.
I'm going out hunting.....
  #30  
Old 04-17-2019, 9:08 AM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,641
iTrader: 0 / 0%
Default

Quote:
Originally Posted by P5Ret View Post
Will you please just stop.`Read the damn law. Once again here it is,
30314. (a) Commencing January 1, 2018, a resident of this state shall not bring or transport into this state any ammunition that he or she purchased or otherwise obtained from outside of this state unless he or she first has that ammunition delivered to a licensed ammunition vendor for delivery to that resident pursuant to the procedures set forth in Section 30312.

Get off the "the state may consider you a resident" bus it doesn't fit. The very first element of the crime is for the person to be a resident of this state. Clearly you don't understand that, or just plain don't want to.

You have yet to say how someone who is driving a car registered in Nevada, who possess' a Nevada DL, could be considered a resident of California. It's an infraction, how much extra work do you thing anyone is going to do for an infraction?
All there is to say has been said. He is not clearly not a CA resident. The way he posted caused me to think he was asking if he was. Otherwise it didn't make sense that he included all the stuff about registering his vehicle in NV and etcetera, as he would only do so if he was concerned if he could still be considered a CA resident. It wasn't clear that he was only asking about transporting a firearm in a motor vehicle without a CCW. I am done with you.
__________________
This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
  #31  
Old 04-17-2019, 9:20 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 4,837
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Chewy65 View Post
I am done with you.
Thank God
  #32  
Old 04-17-2019, 11:24 AM
Marauder2003's Avatar
Marauder2003 Marauder2003 is offline
S/360 Changed The Game
CGN Contributor
 
Join Date: Aug 2010
Location: CA >>>> NV
Posts: 925
iTrader: 0 / 0%
Default

To quote Rodney, “I just want to say – you know – can we all get along?”

I was concerned about 2 things.

1. Non-CA resident traveling with a gun to a CA destination vs traveling through CA.

2. The ammo importation laws coming up.

1 is apparently no problem. CA resident or not.

2 applies to CA residents which I don’t think I am. I thought it was any ammo by anyone.

I have no intention to live in CA so that nitpick does not apply. My time in CA since 3/2018 was not of my making. I have stuff to sell and move. Can’t do that if you are not in CA.

As for the homestead thing I was a CA resident on 01/01/2018 so it is good for 2018. And one has until 12/10 of the year they are no longer a resident on 1/1 to unclaim the exemption. I better have this place sold by 12/10/2019!

Thanks for all your input.
__________________
Closed Thread

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 8:35 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.