Moving (back to CA) with off roster handgun (purchased out of state)

[Caliarmy987]

So I’m moving back to California, I was active duty stationed in Louisiana for 4 years. while I was hereI purchased some offroster handguns just trying to see if I have to sell them before I move back. I called the DOJ but I won’t get a call back until 2-3 weeks and an attorney is going to cost 100-500$ for over the phone consult. I don’t know if the doj is going to see me as a resident of california vs a new resident since I lived in Louisiana these past 4 years.

[ggarcia68]

Not to anyone in Cali..once you move here and establish residency you can.

Sent from my SM-N975U using Tapatalk

[T6pilot]

Don’t sell
When you move back self register with DOJ
Don’t import magazines greater than 10 rounds

[P5Ret]

It's a complicated answer that goes beyond the "just move and fill out the personal importer/new resident form".

What was your home of record when you entered the service? Did you maintain a Ca dl, vote in Ca elections, pay state income tax? If any of those are true, Ca probably will consider you a resident, meaning 27585 CPC applies, and there are no exemptions for active duty stationed outside Ca.


27585. (a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

[M1NM]

No threaded barrels either. Being in the military has some different rules as sometimes they still consider you a CA resident even when you are out of state. Did you keep your CA drivers license and voter registration? This may help. http://wiki.calgunsfoundation.org/in..._with_firearms

[SonofWWIIDI]

[Caliarmy987]

Originally Posted by P5Ret

It's a complicated answer that goes beyond the "just move and fill out the personal importer/new resident form".

What was your home of record when you entered the service? Did you maintain a Ca dl, vote in Ca elections, pay state income tax? If any of those are true, Ca probably will consider you a resident, meaning 27585 CPC applies, and there are no exemptions for active duty stationed outside Ca.


27585. (a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

so my question is according to this website, https://www.ftb.ca.gov/file/personal.../military.html , it states

"Stationed outside of California
An individual domiciled in California when entering the military is considered a nonresident while stationed outside California on permanent change of station (PCS) orders.

We tax nonresidents on California sourced income."

which leaves me in a grey area. thats why i've came to this website to ask, I do have a california DL and pay state taxes to Ca but they get reimbursed because I'm not actually there. So whats your in site on this?

[RickD427]

Originally Posted by P5Ret

It's a complicated answer that goes beyond the "just move and fill out the personal importer/new resident form".

What was your home of record when you entered the service? Did you maintain a Ca dl, vote in Ca elections, pay state income tax? If any of those are true, Ca probably will consider you a resident, meaning 27585 CPC applies, and there are no exemptions for active duty stationed outside Ca.


27585. (a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

^^^THIS^^^

The best answer to your question is "It Depends."

And what is depends on is whether California firearms law would consider you as a California resident while you were away.

If the answer to that question is "No", then you can bring in your out of state purchased firearms, so long as they are in a California-legal configuration, without regard to the roster, and you don't have to do a thing so long as you remain on active duty. If you are discharged from active duty in the state, then all you have do is complete the "Personal Importer" form and pay $19.00 for all of your weapons.

If the answer to that question is "Yes", then you're committing a felony if you import any handguns purchased out of state after January 1 of 2015. Any such weapons must be imported by a California FFL for transfer to you in the state. In this case the roster applies.

Please refer to Penal Code section 17000 for the applicable definition of a California resident. Forget about the federal definition, forget about the tax law and education law definitions of resident. The only one applicable here is PC 17000.

[Librarian]

Originally Posted by RickD427

^^^THIS^^^

The best answer to your question is "It Depends."

And what is depends on is whether California firearms law would consider you as a California resident while you were away.

.....

Please refer to Penal Code section 17000 for the applicable definition of a California resident. Forget about the federal definition, forget about the tax law and education law definitions of resident. The only one applicable here is PC 17000.

Originally Posted by Caliarmy987

.....

which leaves me in a grey area. thats why i've came to this website to ask, I do have a california DL and pay state taxes to Ca but they get reimbursed because I'm not actually there. So whats your in site on this?

This suggests CA does think you are (still) a resident for gun purposes.

[P5Ret]

Originally Posted by Caliarmy987

so my question is according to this website, https://www.ftb.ca.gov/file/personal.../military.html , it states

"Stationed outside of California
An individual domiciled in California when entering the military is considered a nonresident while stationed outside California on permanent change of station (PCS) orders.

We tax nonresidents on California sourced income."

which leaves me in a grey area. thats why i've came to this website to ask, I do have a california DL and pay state taxes to Ca but they get reimbursed because I'm not actually there. So whats your in site on this?

What the franchise tax board thinks and what DOJ thinks regarding residency are probably going to be two very different things. Government agencies are not known for communicating, or agreeing with each other, especially when one has enforcement authority.

At best if it were I, I would be extremely cautious thinking a couple hundred spent now on a opinion from an attorney, may save thousands later on.

[Chewy65]

Originally Posted by RickD427

^^^THIS^^^

The best answer to your question is "It Depends."

And what is depends on is whether California firearms law would consider you as a California resident while you were away.

If the answer to that question is "No", then you can bring in your out of state purchased firearms, so long as they are in a California-legal configuration, without regard to the roster, and you don't have to do a thing so long as you remain on active duty. If you are discharged from active duty in the state, then all you have do is complete the "Personal Importer" form and pay $19.00 for all of your weapons.

If the answer to that question is "Yes", then you're committing a felony if you import any handguns purchased out of state after January 1 of 2015. Any such weapons must be imported by a California FFL for transfer to you in the state. In this case the roster applies.

Please refer to Penal Code section 17000 for the applicable definition of a California resident. Forget about the federal definition, forget about the tax law and education law definitions of resident. The only one applicable here is PC 17000.

This ^. If you want to spit hairs. PC 17000 does not actually define when a CA resident ceases to be one. What it does do is it defines when a person "moved into this state . . . as a resident of this state.). This is done by incorporating by reference Section 12505 of the Vehicle Code. The question here could be viewed as not if you moved back into the state upon discharge, if you are considered to have remained a CA resident for purposes of firearm laws all the time you were stationed outside of CA.

Still, a strong argument can be made that the same factors that determine if a person has moved to CA as a resident should be weighed in determining if they ever stopped being a resident.

A key factor for many service members is if they kept a room at their parents

If I was in your situation, I wouldn't bring any off roster handguns into CA without getting an opinion from a CA firearms law attorney.