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Calgunners in Service This forum is a place for our active duty and deployed members to share, request and have a bit of home where ever they are.

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Old 09-12-2023, 6:48 PM
RAnony RAnony is offline
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Default Buying off roster from home state

I have already purchased several handguns in California with military orders and proof of residency. Am I able to fly to my home state buy guns that are off roster for California and register them in California? My drivers license and home of record is still my original home state.
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Old 09-12-2023, 8:08 PM
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Trying to sell some off rosters here? You can buy them but IIRC, you cannnot bring them to CA while stationed here.

But IANAL.
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Old 09-12-2023, 9:14 PM
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Quote:
Originally Posted by RAnony View Post
I have already purchased several handguns in California with military orders and proof of residency. Am I able to fly to my home state buy guns that are off roster for California and register them in California? My drivers license and home of record is still my original home state.
Nope, You would be committing a California state felony the instant you crossed back into California with any handgun so purchased. Please refer to Penal Code sections 27585 and 27590.

Additionally, you would be committing a federal felony if you purchased a handgun in your home state (other than California) while serving on PCS orders in California. Please refer to 18USC922(a)(9) (with an exception for "Sporting Purposes). You would also commit another federal felony by bringing any such weapon into California. Please refer to 18USC922(a)(3) (which has no "sporting purposes" exception). Additionally, the seller in your home state would be committing a federal felony by selling you a handgun while you are on PCS orders to California. Please refer to 18USC922(b)(3).

Please note that the federal violations above apply the definition of residency contained in 18USC921(b) which provides that you are a California resident for purposes of the federal firearms laws. There are other federal statutes (like the Soldiers and Sailors Relief Act) that continue your home state residency while you are on PCS orders to a different state, but not for purposes of firearms laws.
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