Colorado Resident moving back to California

[aghauler]

Plus if you are deemed to be a "CA" resident you may have to pay CA State Taxes on earnings while working outside CA. I had to, while working in NV at the Med Center in Carson City, and they don't withhold it either. While I managed a Hospital Dept in South Lake Tahoe, CA, my employees that were residents of another state (NV) had to pay CA State Tax on earnings they made while working in CA!

Shoulda dumped that CA DL along time ago!

Good luck with your further med education, we need all the good physicians we can get!

[Cokebottle]

Build a case on what? Anything is possible, but the DA has the bp. Must prove that the doc is a ca res. then must prove intent to circumvent roster. wife is clearly a co res. circumvention is just a misdemeanor. consider likelihood of law enforcement's attention being snagged, there is a risk but very little and you don't need a $2K hour atty for this garbage.

As for back and forth, no need to transfer back immediately, but would be cleaner if tran to wife was not done on eve of move. This is all hypothetical. transfer to fer parents if they are Co res and down the road they can gift to her in CA.

I was referring to the transfer to a parent and back.
That puts a paper trail on both ends of the transfer in California.

The transfer to the wife would be cleanest since it would be paperless in CO and the only paperwork in CA would be the OpLaw... and really not even required since the state is a community property state unless he wants to put one on his CCW. Sometimes I take my wife's guns to the range without her, and she has full access to all of my guns when I'm at work. For all I know, the round count on my Kimber is 10x what I think it is There's no legal issue with that.

[jeremiah12]

Plus if you are deemed to be a "CA" resident you may have to pay CA State Taxes on earnings while working outside CA. I had to, while working in NV at the Med Center in Carson City, and they don't withhold it either. While I managed a Hospital Dept in South Lake Tahoe, CA, my employees that were residents of another state (NV) had to pay CA State Tax on earnings they made while working in CA!

Shoulda dumped that CA DL along time ago!

Good luck with your further med education, we need all the good physicians we can get!

Several years ago the Feds stepped in and stopped states from taxing income earned while in other states. I used to have this issue but no more. CA can tax all income earned in state though.

The OP is good. There is residency purposes for different purposes. I dealt with this years ago when I went out of state for graduate school but my wife stayed in CA. While I was in OR, under the Federal rules, I could buy a gun because I was attending school and while in Oregon, I was an OR resident for gun buying purposes. For tuition purposes I was an out-of-state resident. It did not matter because the university wanted out of state graduate students and to attract them gave most a scholarship so they only paid in-state tuition. Since I was a science major and did research and taught classes for the university, the university covered the tuition and paid me a salary which at that time was taxed by OR and CA.

At that time, to buy a gun, I just got an OR ID and kept my CA DL. I did not have to register the guns brought back into CA with the state. That was a very long time ago and well before the roster.

For the OP, he was going to college in CO and legally purchased the guns in CO. He never set foot in CA. He retained his CA DL, his only tie to CA. That is a very weak one and likely not enough to deem him a CA resident for tax purposes.

For gun laws though, as an out-of-state resident in CO for tuition purposes and returning to CA and considered an in-state resident here for tuition purposes and under the ruling by the ATF that could have allowed him to purchase guns in CA (assuming he had a CA residence like his parent's he could claim) and he did have a CA DL, then for the purposes of gun ownership, he is subject to CA gun laws as a CA resident. He cannot import off roster guns.

CA laws are very complex and residency laws are not black and white. For the best answer, one needs to speak with an attorney that specializes in that field.

Now, with a CO resident wife, he could have transferred them to her in CO (in CO it is here honey, these are yours, no paperwork). Once in CA she registers them as a personal importer. He can use them whenever he wants just like she can. He will need a FSC.

Had this not been all over CalGuns, where the DOJ does watch, a year or two later she might grow tired of them and say honey you can have them back, I do not want them, and use the OPLaw form for the transfer. But since this is out on a public forum, if discovered by the DOJ or any other LE agency, it could be used to establish intent. Then the nightmare starts and all of a sudden you need to put out big bucks for a very good attorney.

Is it worth the risk for two hand guns? That is why I am a big fan of searching for my answers without asking the question online. If I cannot find the answer I ask an attorney. It is cheap insurance. I do not ask for medical advice online, I go to a doctor. I have paid out of pocket for a consult with a high quality doctor than an not so good one my insurance says I have to see. It has been worth every dollar I spent. Cash up front also can get a discount.

I had a legal situation unrelated to guns last fall. It was an administrative matter dealing with my job that did have a potential criminal element to it. It was bogus and I acted fully within the law to protect several students from one very violent student. It took two attorneys, one administrative law attorney and one criminal law attorney. They were not cheap and they were very good at what they did.

After going through that though, I can say, it was the worst 4 months of my life. I would rather have had another stroke and go through 2 more years of physical therapy to recover. The stress was overwhelming. Sometimes avoiding the stress is the best thing to do. It is not worth it. The OP will have enough of that over the next few years as he completes the last steps to become a doctor.

[aghauler]

Several years ago the Feds stepped in and stopped states from taxing income earned while in other states. I used to have this issue but no more. CA can tax all income earned in state though.

.

Wish that was true I'd be able to get a refund!

I believe you might be referring to CA collecting taxes from income earned in CA from retirement funds when living out of state. People would retire and move out of state to an area with a lower cost of living and other reasons, and take their moneys earned while in CA with them. CA STILL demanded taxes from those funds. THAT was finally stopped.

As far as I know as of 2016 wages earned out of state were still taxable by CA if you were classified as a CA resident. I worked in NV and had to pay CA Taxes on wages earned in NV because I was a CA resident.That was the last year I paid CA Taxes before being Medically Disabled, Disability benefits aren't taxable. I had to either pay CA quarterly estimated payments OR pay the full CA Tax amount each April.

Oh yes if one sells property in CA (not your primary residence) CA keeps 3% of the sales price until you file your Tax return the following year. Maybe a lot of people know this, we didn't. When we filed our 2017 taxes CA gave us our refund due less of course what CA was actually due cuz we claimed residency in the first quarter of the new year, but they also kept an additional $200 for a non disclosed reason!

[Chewy65]

I was referring to the transfer to a parent and back.
That puts a paper trail on both ends of the transfer in California.

The transfer to the wife would be cleanest since it would be paperless in CO and the only paperwork in CA would be the OpLaw... and really not even required since the state is a community property state unless he wants to put one on his CCW. Sometimes I take my wife's guns to the range without her, and she has full access to all of my guns when I'm at work. For all I know, the round count on my Kimber is 10x what I think it is There's no legal issue with that.

No argument with that.

[czshooter]

Unless I missed the comment if your wife has been a Colorado resident can't you just sell them to her? She should be able to bring them in legally?

I look forward to the comments.