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  #1  
Old 06-16-2021, 8:38 AM
Kylekay24 Kylekay24 is offline
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Default Bringing back my handguns after my service.

Hi, Iím currently stationed in LA and have two off roster handguns. A Nighthawk Agent 2 and Wilson Combat CQB. I wanted to know when I get out and move back to CA am I aloud to bring them back? Also when it comes to registering them, how is the process?
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  #2  
Old 06-16-2021, 12:09 PM
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Quote:
Originally Posted by Kylekay24 View Post
Hi, I’m currently stationed in LA and have two off roster handguns. A Nighthawk Agent 2 and Wilson Combat CQB. I wanted to know when I get out and move back to CA am I aloud to bring them back? Also when it comes to registering them, how is the process?
There is a pre-condition issue that may be applicable here, before a good answer may be made: while you have been on active duty, did California still think you were a California resident?

Generally, that means things like paying CA income tax, voting in CA elections, keeping your CA driver license or keeping your vehicle(s) registered in CA. (If you wanted to argue about that stuff in court, as certainly proving you were a resident, you could do that; those are activities most residents do).

If YES, you most likely have a problem, Penal Code 27585
Quote:
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 the person purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless the person 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.
A CA FFL cannot transfer an off-Roster handgun to a non-exempt individual (there are special cases, not applicable here).

We have not yet heard of this being enforced, but
Quote:
[27590]
(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:

...

7) A violation of Section 27585 involving a handgun.
That is, up to 4 years in prison.

There are a lot of things California legislators could do and should have done for service members; lack of consideration of them has created several messy issues.
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Last edited by Librarian; 06-16-2021 at 12:15 PM..
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  #3  
Old 06-16-2021, 3:48 PM
Kylekay24 Kylekay24 is offline
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Iím pretty sure on my W-2 itís LA income tax. My vehicle is registered and titled in LA, my insurance is also LA. Only thing that is still CA is my DL because itís a hassle to go get another DL for here and then back to a CA one when I get out.
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  #4  
Old 06-16-2021, 4:03 PM
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Don't come back lol. That was the absolute worst mistake in my life, to come back to this ****hole after ETS.

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  #5  
Old 06-16-2021, 4:53 PM
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Quote:
Originally Posted by Kylekay24 View Post
I’m pretty sure on my W-2 it’s LA income tax. My vehicle is registered and titled in LA, my insurance is also LA. Only thing that is still CA is my DL because it’s a hassle to go get another DL for here and then back to a CA one when I get out.
Maintaining your CA DL will cause CA to consider you to be a CA resident.

Which means any firearms you acquired while in LA must be imported into CA through a CA FFL dealer, who will then transfer (DROS/10 day wait/1 in 30 day wait) the firearms to you.

The firearms must be CA legal and can not include any large capacity magazines.
In addition, if the firearms are handguns, then they must be listed on the Roster of Handguns Certified for Sale or be exempt from it (LEO, C&R, OTP, SAE, SSE2).

Failure to utilize a CA FFL dealer equates to a misdemeaner per long gun and a felony per handgun.


Bottom line:
You can not legally bring any off-Roster handguns you obtained while residing in LA to CA, due to maintaining your CA residency.
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Last edited by Quiet; 06-16-2021 at 4:56 PM..
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Old 06-16-2021, 4:58 PM
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What is my option then? Not like I can just throw away $10k worth of guns.
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Old 06-16-2021, 4:59 PM
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Quote:
Originally Posted by Kylekay24 View Post
What is my option then? Not like I can just throw away $10k worth of guns.
Option A.
Surrender your CA DL for a LA DL, so that CA no longer considers you a CA resident.

You need to cut all ties from CA, in order for CA to stop considering you a CA resident.

Once you fully become a LA resident, when you move back to CA, you go through they process of becoming a CA resident.
During this process, as a new resident of CA, you are legally allowed to bring CA legal firearms to CA and if those firearms are handguns, then they are not required to be listed on the Roster of Handguns Certified for Sale as long as your intent for bringing them to CA is not for sale.


Option B.
You maintain your CA DL and sell your off-Roster handguns before you move back to CA.
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Last edited by Quiet; 06-16-2021 at 5:03 PM..
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Old 06-16-2021, 5:03 PM
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I guess the laws changed? Used to be orders for duty station in another state was all that was needed. All legal.
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Old 06-16-2021, 5:08 PM
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I guess the laws changed? Used to be orders for duty station in another state was all that was needed. All legal.
What changed were CA laws.

Which prohibits CA residents from importing fireams, they acquired while in another State, into CA without using a CA FFL dealer.

There is no exemption to this for CA residents that are active duty Military.

So, while Federal laws, allows an active duty Mil CA resident with duty station orders for another State to legally acquire firearms in that State.

CA laws prohibits that CA resident from bring those firearm to CA, unless they are done through a CA FFL dealer.

The CA DROS system will only allow handguns that are listed on the Roster of Handguns Certified for Sale or exempt from it (LEO, C&R, OTP, SAE, SSE2) to be imported in.
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Old 06-16-2021, 5:35 PM
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i wonder if a pawn return would work

if you bought them through an ffl then you were a local resident enough for the feds
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Old 06-16-2021, 5:49 PM
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3rd option is my family has a home in Idaho so I might just leave them there if it comes down to it. Donít want to have to take my drivers test again in CA ha ha ha.
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Old 06-16-2021, 6:52 PM
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When purchasing your cars in LA did you claim “non resident military” ? Most active members do...that would put the kebosh on you as you claimed you were a Ca resident...
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Old 06-16-2021, 6:58 PM
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Quote:
Originally Posted by Kylekay24 View Post
3rd option is my family has a home in Idaho so I might just leave them there if it comes down to it. Donít want to have to take my drivers test again in CA ha ha ha.
If it was me, this would be a no brainer. I would already have an LA license, and would be debating even coming back to CA. Is the time invested in switching your license not worth $10K?
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Old 06-16-2021, 7:19 PM
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Originally Posted by Kylekay24 View Post
3rd option is my family has a home in Idaho so I might just leave them there if it comes down to it. Don’t want to have to take my drivers test again in CA ha ha ha.
In order to do that legally, under Federal laws...

Option A.

The firearms are transferred to to your ID family members through a ID FFL dealer.


Option B.

The firearms are stored in a locked container/safe and you are the only person that has the key/combo to the locked container/safe.

If anyone other than you has access to the firearms, when you are not physically present, then it's an illegal (Federal felony) transfer between residents of different States. [18 USC 922(a)(3),(5)]
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Last edited by Quiet; 06-16-2021 at 7:24 PM..
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  #15  
Old 06-16-2021, 7:43 PM
Kylekay24 Kylekay24 is offline
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If it worth it. Looks like Iím gonna have to get started. Iím here for another 2 years but want to plan ahead.
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Old 06-17-2021, 8:50 AM
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I moved from UT to CA last year and didn't have to do a driving test. Getting a CA license was not difficult, just bring a passport/birth certificate and get a real ID while you are there anyway.
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  #17  
Old 06-17-2021, 11:20 AM
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Quote:
Originally Posted by bohoki View Post
i wonder if a pawn return would work

if you bought them through an ffl then you were a local resident enough for the feds
But 'what the Feds allow' and 'what CA allows' are different.

In this context, a service member who maintains 'residency' in Louisiana and was stationed in CA could (by both Federal and CA laws) buy guns as a CA resident.

That reverse, CA resident buying in LA, is not the issue - it's CA's idiotic 'import' law, quoted above.
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Ė Declaration of Independence, July 4th, 1776
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

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  #18  
Old 06-17-2021, 12:05 PM
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Quote:
Originally Posted by Kylekay24 View Post
3rd option is my family has a home in Idaho so I might just leave them there if it comes down to it. Donít want to have to take my drivers test again in CA ha ha ha.
So long as you don't have m/any points on your license you should not have to take a test to get a license in LA.

Same goes for when you come back to CA.

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