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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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  #1  
Old 05-06-2023, 10:14 AM
Zequa Zequa is offline
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Default Sell off rosters out of state and buy them back in CA?

The situation is that I am currently stationed in VA (active duty) and I am a CA resident and will be PCSing back to CA shortly. I have off roster handguns legally purchased here in VA that I would like to keep, but would unfortunately have to get rid of unless I find some alternative solution.

A solution if have thought about which is unique but I'm unsure will work is that I also have a friend who is active duty and stationed here in VA and will also be PCSing to CA roughly around the same time (weeks difference). He has had nothing to do with CA in the past and it will be his first time going there.

Would it be possible and legal to sell him the off rosters via PPT while here in VA, and then he would bring them to CA since they would be his, then at some point down the road within window, I could purchase them off of him via PPT in CA? Would this be considered a straw purchase?

This is a particular situation that is confusing and I can't find anything else about this in particular, so any advice or replies is appreciated.
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Old 05-06-2023, 4:25 PM
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If your friend is not a Ca resident in any way and moves (and establishes residency) in California with off roster firearms. He is allowed to do that. Once he does that he can do a PPT to another Ca resident.

Last edited by ARDude; 05-06-2023 at 4:27 PM..
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Old 05-06-2023, 6:23 PM
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I'm lost, why can't you just bring them to CA and register them via the DOJ form and $19 fee in one fell swoop?
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Old 05-06-2023, 7:43 PM
Zequa Zequa is offline
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I'm a CA resident due to HOR and car registration/DL. Apparently can't bring back off rosters even if acquired legally in another state.

PC 27585

https://leginfo.legislature.ca.gov/f...5.&lawCode=PEN
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  #5  
Old 05-06-2023, 8:40 PM
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Originally Posted by Snoopy47 View Post
I'm lost, why can't you just bring them to CA and register them via the DOJ form and $19 fee in one fell swoop?
Uhh, because he would be committing a felony.

Please see Penal Code section 27585 for the violation and section 27590 for the penalty.

The DOJ "New Resident" form, and the $19.00 only applies to new residents (refer to Penal Code section 27560). That process don't work for folks who are already residents.
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Old 05-07-2023, 3:27 PM
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Originally Posted by Zequa View Post
A solution if have thought about which is unique but I'm unsure will work is that I also have a friend who is active duty and stationed here in VA and will also be PCSing to CA roughly around the same time (weeks difference). He has had nothing to do with CA in the past and it will be his first time going there.

Would it be possible and legal to sell him the off rosters via PPT while here in VA, and then he would bring them to CA since they would be his, then at some point down the road within window, I could purchase them off of him via PPT in CA? Would this be considered a straw purchase?
That's creative. I think that works!

Can't see how it would be a straw purchase.

CA does not care about things that occur out of CA - no way for them to track gun transactions.

.mil can bring any non-assault weapons, non-SBS/SBR/full auto, so off-Roster is fine (without the CA-resident problem, addressed here). .mil is, by law, a resident of the state where they have PCS orders, so PPT works.
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Old 05-07-2023, 7:14 PM
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Originally Posted by Zequa View Post
The situation is that I am currently stationed in VA (active duty) and I am a CA resident and will be PCSing back to CA shortly. I have off roster handguns legally purchased here in VA that I would like to keep, but would unfortunately have to get rid of unless I find some alternative solution.

A solution if have thought about which is unique but I'm unsure will work is that I also have a friend who is active duty and stationed here in VA and will also be PCSing to CA roughly around the same time (weeks difference). He has had nothing to do with CA in the past and it will be his first time going there.

Would it be possible and legal to sell him the off rosters via PPT while here in VA, and then he would bring them to CA since they would be his, then at some point down the road within window, I could purchase them off of him via PPT in CA? Would this be considered a straw purchase?

This is a particular situation that is confusing and I can't find anything else about this in particular, so any advice or replies is appreciated.
Don?t see any issue with that. You legally sell them to a Virginia resident. Virginia resident then becomes a California resident.

New California resident then PPTs them to you.
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Old 05-13-2023, 12:52 PM
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If there are magazines involved that hold more than 10 rounds, wouldn't they have to be left behind or neutered (blocked)?
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Old 05-14-2023, 8:35 PM
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If there are magazines involved that hold more than 10 rounds, wouldn't they have to be left behind or neutered (blocked)?
Yes, on paper it would have to be either left behind or neutered.

Law Enforcement are the only exception for transferring off rosters with mags that hold more than 10 rounds, per state exemptions.

Active Military unfortunately do not
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Old 05-20-2023, 11:56 PM
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Originally Posted by RickD427 View Post
Uhh, because he would be committing a felony.

Please see Penal Code section 27585 for the violation and section 27590 for the penalty.

The DOJ "New Resident" form, and the $19.00 only applies to new residents (refer to Penal Code section 27560). That process don't work for folks who are already residents.
I haven't looked at this in some time but If he is PCS'd to VA isn't he considered a resident of that state for purchase of firearms? PCSing back to CA, wouldn't he be able to move with off roster firearms? Why would he have to go through an FFL? Is he considered a dual resident? I thought that was the whole idea of "PCS".
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  #11  
Old 05-21-2023, 1:02 AM
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Originally Posted by AregularGuy View Post
I haven't looked at this in some time but If he is PCS'd to VA isn't he considered a resident of that state for purchase of firearms? PCSing back to CA, wouldn't he be able to move with off roster firearms? Why would he have to go through an FFL? Is he considered a dual resident? I thought that was the whole idea of "PCS".
I think that you're confusing the California definition of residency with the federal definition of residency in the above post and that by doing so, you're trying to apply the federal definition to a state statue.

Under Federal Law:

If the OP is stationed in VA on PCS orders, then he's a Virginia resident (only) for the purposes of federal firearms laws. Virginia state law also applies to the OP while in Virginia. He is not a "Dual Resident" under federal law.

Under California Law:

So long as the OP meets the criteria of Penal Code section 17000(b)(1), he remains a California resident while stationed in VA. In that case, he is a "Dual Resident" of both California and Virginia. Penal Code section 17000(b)(2) which would make him a California resident when discharged in California is inapplicable because he already is a California resident under California law.

California cannot control his acquisition of firearms in Virginia because his conduct occurs outside of the jurisdiction. But when he returns to California, his importation of any such weapons is controlled by PC section 27585.
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Last edited by RickD427; 05-21-2023 at 10:25 AM..
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  #12  
Old 05-21-2023, 2:10 AM
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Originally Posted by RickD427 View Post
I think that you're confusing the California definition of residency with the federal definition of residency in the above post and that by doing so, you're trying to apply the federal definition to a state statue.

Under Federal Law:

If the OP is stationed in VA on PCS orders, then he's a Virginia resident (only) for the purposes of federal firearms laws. Virginia state law also applies to the OP while in Virginia. He is not a "Dual Resident" under federal law.

Under California Law:

So long as the OP meets the criteria of Penal Code section 17000(b)(1), he remains a California resident while stationed in VA. In that case, he is a "Dual Resident of both California and Virginia. Penal Code section 17000(b)(2) which would make him a California resident when discharged in California is inapplicable because he already is a California resident under California law.

California cannot control his acquisition of firearms in Virginia because his conduct occurs outside of the jurisdiction. But when he returns to California, his importation of any such weapons is controlled by PC section 27585.

Ahh, there it is. You are most likely correct that I was confusing the two. Thanks for the clarification.
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Old 05-22-2023, 6:14 PM
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Just go on CFARS and register them. I was stationed in Texas and was told it was ok to bring all my stuff except for mags
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Old 05-24-2023, 3:47 PM
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Just go on CFARS and register them. I was stationed in Texas and was told it was ok to bring all my stuff except for mags
You missed the PC 27585 complication; doing as you suggest would merely document the prospective violation of that.
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Old 05-28-2023, 4:38 PM
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The situation is that I am currently stationed in VA (active duty) and I am a CA resident and will be PCSing back to CA shortly...
Being a Veteran I have two tips; #1 Reenlist, you will thank me later. #2 you have seen the light in VA why move back to CA? CA is okay to visit so you can your In 'n Out fix JMHO
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