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  #1  
Old 04-14-2021, 10:18 AM
bhmilner bhmilner is offline
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Default Registration for non-residents maintaining a home in the state

Hi everyone,

First off, my apologies if this is in the wrong forum, but I just had a question
about California gun registration for non-residents maintaining a home in the state.

My situation is that I recently took a new job and will be splitting my time between my home in Ohio, and Los Angeles, where I am signing a lease for an apartment. I would like to bring a few rifles out to my new apartment to decorate the walls.

Now I've seen that California has this 'new resident gun registration' requirement for anyone moving to the state. This application seems to specifically require a california driver's license to fill out.

For many different reasons, I would strongly prefer to remain an Ohio resident, which would seem to preclude me from filling out this form.

So I'm wondering - is it possible for me to do this legally? Do I need to fill out this form to bring the guns to the state? Or does my non-resident status prevent me from having to deal with this?

In case it matters, the rifles I'm thinking of bringing out are an M1 Carbine, an M1 Garand or two, and an 03A3 Springfield. I also possess an 03 FFL.
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  #2  
Old 04-14-2021, 10:29 AM
edgerly779 edgerly779 is online now
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Where will you be paying income taxes? Are you getting a ca d/l.
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  #3  
Old 04-14-2021, 10:36 AM
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I’d say leave them in OH.

Not worth the effort in registering keeping the rifles complaint.

Also, CA will consider you a resident by living here even if you own property in OH.

You’re better off bringing a legal pistol for home defense and leaving the rifles at home. No need to “decorate” the walls with rifles in LA of all places.
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Old 04-14-2021, 10:41 AM
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First, you need to determine if you are required to get a CDL. Are you a resident? You don't say how much time you will be in California. I believe the gerneral rule is that you have to get a CDL within 10 days of moving to Cal. It isn't clear from what you posted that you are moving to Cal.

If you do a search on Calguns you will find that it isn't always clear when one has "moved" to California "as a resident". Also, one may be considered a resident for tax or other purposes, but not be a resident for purposes of firearm laws and firearm laws re residency are different depending on if they are federal or on a particular state.
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  #5  
Old 04-14-2021, 11:10 AM
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I would definitely recommend that you consult with an attorney on your upcoming residency issues.

Second, I would not leave firearms displayed on a wall in your Los Angeles apartment. You won’t have a fortified room with opaque window coverings, and landlords don’t always ask before entering. Also remember that Californians generally are far more fearful of the sight of firearms than other state residents.
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Old 04-14-2021, 11:35 AM
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Quote:
Originally Posted by edgerly779 View Post
Where will you be paying income taxes? Are you getting a ca d/l.
He'll be paying CA tax on that portion of his income he earns in CA (unless that changed in the last few years). He said he won't have a CA DL. Apartment in LA and guns on the wall won't fly. I'm pretty sure LA has a storage law.
I'd buy a lot of off roster guns get a CA DL and then decide I didn't like them. 200% profit won't need to be declared on the taxes.
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Old 04-14-2021, 12:23 PM
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California is. The Roach Motel

Your income moves in but can’t move out.

If your job is in California
If you had to move to CA for the job
Then CA will consider you a resident.

It’s no buy deal to fill out the form and bring in your guns.

It probably would be wrong to bring your 20 off roster pistols - move here and sell 5 per year for 4 times retail.

All the rifles are Fine as they don’t normally hit any type of assault weapon status. Obviously the semi auto needs a 10 round or less magazine


Registering a firearm in California also lets you buy Ammo in California.
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Old 04-14-2021, 12:33 PM
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Note that the laws of California and Ohio may conflict. One key question to answer is whether you will be spending 51% of your time in California. If you are, then California will insist that you become a California resident, in their rules, within 10 days.

You'll be taxed on the income earned in California either way. Where do you plan to vote?
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Old 04-14-2021, 1:18 PM
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You will likely be considered a California domiciled resident since you are employed here. I assume that it is a permanent position, not a fixed contract with a specified end date. You will not be considered to be here on a temporary or transitory basis. You will need to get a California Driver License.

https://leginfo.legislature.ca.gov/f...tionNum=12505.

Also note that even if you are considered a non-resident, any vehicles which are present in California more than in any other state during the year will need to be registered in California.

https://leginfo.legislature.ca.gov/f...ionNum=4000.4.
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Old 04-14-2021, 1:26 PM
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Also note that you have a limited time to obtain a driver license (10 days) and register your vehicle (30 days) upon moving here. The financial penalties are steep if you violate this.
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Old 04-14-2021, 2:12 PM
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Welcome to the "big brother state". If you have an address in this state, you will pay income tax on all income earned, no matter what state it was earned in. You need to speak to a tax attorney or a tax professional soon to prepare for this. If you underpay CA, they assess you a steep penalty.

If you have a job, as others have said, you have to get a CA DL. Any vehicles you bring to CA have to be registered in this state within 30 days. They will need to pass smog. If the engine has been modified in anyway from the factory original, it will need to be first restored or any aftermarket upgrade will need to have a CARB sticker placed under the hood to show that it has been approved by the state. For example, if you have added a cold air intake, it has to have a CARB sticker.

Just take it to a smog shop that you can trust (ask people you can trust for recommendations) and they will tell you what has to be done. If it is a newer vehicle it will likely pass with no problem. Get a smog done ASAP so you know what you are dealing with. You car might pass. If it does not you can decide to take it back to Ohio and leave it there or if the repairs are not too much get the repairs done here.

You do not want to risk it and keep the Ohio plates. DMV and the CHP has a snitch hotline to report people driving out of state plated cars that are parked regularly in work parking lots, apartment parking lots, or other places that tourists generally do not park at. Some get away with it but if you get caught it is not a fix it ticket. You have to appear in court before a judge. If the state can find any evidence of when you first entered the state, they will use that as the start date of your 30 days and then assess your fines from there. They are steep. Then their are penalties.

CHP or the police can also at their discretion impound your vehicle until you get the registration taken care of. My brother learned that the hard way.

You FFL03 has no value in CA. You can get a second one for your CA residence. You will have to go to the C&R forum to ask about that. One Calgunner has two FFL03, one in CA and one in NV.

Until you get a CA DL, you will not be able to buy ammo in CA. Out of states residents cannot buy ammo in CA because the background check system cannot handle that. The law does not prohibit them from doing so, the system just cannot deal with that.

Then you will need to register a gun in CA or purchase a gun in CA to do the easy, $1 background ammo purchase check. Otherwise you will have to do the full $19 check that takes 10 days each time you want to purchase ammo.

You can also apply for your Certificate of Eligibility (COE) once you have your CA DL and that will also let you do the $1 quick check for ammo and if you have your FFL03 for your CA residence you can purchase ammo from a dealer out of state and have it sent to you (except if you live in the city limits of LA).

Now you know why slightly more people have left CA the last two years than moved here. I will be leaving June 2022.
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Old 04-14-2021, 2:49 PM
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If you "move" to CA and take C&R firearms with you and those firearms are listed in your bound book, you will need to update the address for your license.

If you are employed in California and live in California that would be considered a move.

Leave the C&R firearms behind.
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Old 04-14-2021, 4:57 PM
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Do not decorate the walls with firearms. Your neighbors, newly friends, co-workers and so on, this is CA, lot of left turds. You'll be one phone call away from PD knocking. As to your question, I would leave your guns back in Ohio and do not register them here.
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Old 04-14-2021, 8:14 PM
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Quote:
Originally Posted by M1NM View Post
I'd buy a lot of off roster guns get a CA DL and then decide I didn't like them. 200% profit won't need to be declared on the taxes.
I'll just point out that this would be considered tax evasion.

If you sell personal property for more than you paid for it, you owe capital gains. To the feds and the state.
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Old 04-15-2021, 2:23 PM
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Quote:
Originally Posted by mrdd View Post
I'll just point out that this would be considered tax evasion.

If you sell personal property for more than you paid for it, you owe capital gains. To the feds and the state.
Aside from any question of tax evasion, he has an OO3. If he gets federal attention, he may be looking at a charge for being in the business of selling firearms without a license; an OO7.
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Old 04-16-2021, 6:23 PM
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I don't think that the OP got the answer that he wanted.
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Old 05-14-2021, 1:54 AM
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In short.... Don't do it. Stay in Ohio. Speaking from experience.
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Old 05-14-2021, 2:45 AM
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LA has no storage law. If he hAS children then firearms must be unavailable to them.
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Old 05-14-2021, 6:17 AM
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If you obtain property in CA or rent property in CA, then you are establishing your intent to become a CA resident.

In order to remain a non-resident of CA, you can not own any property or rent any property in CA.

Your stays in CA needs to be temporary or transitory, in order to not be considered a CA resident.

However, if your temporary or transitory stays in CA ended up being for more than 9 months (all stays are added up, even if they are non-consecutive), then you will be considered a CA resident.

Examples of temporary/transitory are renting a motel/hotel room or living in a RV.
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Old 05-14-2021, 6:42 AM
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Quote:
Originally Posted by Quiet View Post
If you obtain property in CA or rent property in CA, then you are establishing your intent to become a CA resident.

In order to remain a non-resident of CA, you can not own any property or rent any property in CA.

Your stays in CA needs to be temporary or transitory, in order to not be considered a CA resident.

However, if your temporary or transitory stays in CA ended up being for more than 9 months (all stays are added up, even if they are non-consecutive), then you will be considered a CA resident.

Examples of temporary/transitory are renting a motel/hotel room or living in a RV.
Question for you, Quiet, please. What if one only owns commercial properties in CA? Would the state still regard him to be a resident?

What if the properties are residential, but are leased out to others?

Thanks.

.
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Old 05-14-2021, 7:16 AM
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Quote:
Originally Posted by beanz2 View Post
Question for you, Quiet, please. What if one only owns commercial properties in CA? Would the state still regard him to be a resident?

What if the properties are residential, but are leased out to others?

Thanks.
CA FTB considers the person that resides in another State and owns the CA properties to be a "part time" CA resident and that person owes CA taxes for those properties.
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Old 05-14-2021, 7:46 AM
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Rent in your wife's name and keep your big mouth shut....


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