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Obtaining a non roster handgun?

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  • madweazl
    Junior Member
    • Jul 2009
    • 7

    Obtaining a non roster handgun?

    A little background information: my name is Aaron, Marine of 12 years with a CA home of record, just transferred from AZ to CA, my wife is an AZ resident. From what I've read thus far, we can bring non roster handguns into the state and register them. It looks like I'm hosed because I'm a CA resident but I believe my wife could purchase the gun (in AZ) and we could register it upon arrival to CA. Is this accurate?
  • #2
    JBird33
    Senior Member
    • Jan 2008
    • 559

    If she hasn't moved here yet, then she can buy whatever she pleases in AZ then register them with CA when she gets here. Choose wisely!












    (I'm like 95% sure on this one, anyhow )

    Comment

    • #3
      lorax3
      Super Moderator
      CGN Contributor - Lifetime
      • Jan 2009
      • 4633

      To clarify, did you just get stationed in CA and you originally lived in AZ? Getting PCS orders for CA does not make you a CA resident.


      If you are only stationed in CA, but your home state is AZ YOU can buy firearms in both states. You can also bring in assault weapons with a MAWP.

      But if your wife is an AZ resident she can buy whatever she wishes in that state(as long as they are not assault weapons or firearms with magazines greater than ten rounds) and bring them into CA. She will need to register them with the DOJ within 60 days if she is here to become a resident of CA.
      Last edited by lorax3; 07-20-2009, 8:19 AM.
      You think you know, but you have no idea.

      The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

      Comment

      • #4
        madweazl
        Junior Member
        • Jul 2009
        • 7

        I'm a CA resident that was stationed in AZ (last 10 years), my wife was also a CA resident but switched to AZ about 8 years ago. I just PCSed to CA (I dont check in until the 24th but I am here now).

        Comment

        • #5
          chefdude
          Senior Member
          • Jan 2008
          • 1104

          stock up on all the goodies you can!!! oh and pick me up a Sig Blackwater Tactical too......
          sigpic

          Comment

          • #6
            madweazl
            Junior Member
            • Jul 2009
            • 7

            lorax3, you mentioned they would need to be registered withing 60 days IF she becomes a CA resident. What if she doesnt want to become a resident?

            I'm wanting to pick up an XDm, that seems easy enough but will I be able to shoot the thing without a 10rd mag?

            Comment

            • #7
              TZL
              Veteran Member
              • Jan 2006
              • 3197

              they don't make 10 rd mags for the XDm yet....so you'll have to modify the factor mags to 10 rounders to use in CA

              Originally posted by madweazl
              lorax3, you mentioned they would need to be registered withing 60 days IF she becomes a CA resident. What if she doesnt want to become a resident?

              I'm wanting to pick up an XDm, that seems easy enough but will I be able to shoot the thing without a 10rd mag?

              Comment

              • #8
                lorax3
                Super Moderator
                CGN Contributor - Lifetime
                • Jan 2009
                • 4633

                This the fun part. CA requires anyone who meets the definition of a 'personal handgun importer' to register handguns within 60 days.

                12070(2) (A) On or after January 1, 1998, within 60 days of bringing a
                pistol, revolver, or other firearm capable of being concealed upon
                the person into this state, a personal handgun importer shall do one
                of the following:
                (i) Forward by prepaid mail or deliver in person to the Department
                of Justice, a report prescribed by the department including
                information concerning that individual and a description of the
                firearm in question.
                (n) As used in this chapter, a "personal handgun importer" means
                an individual who meets all of the following criteria:
                (1) He or she is not a person licensed pursuant to Section 12071.

                (2) He or she is not a licensed manufacturer of firearms pursuant
                to Chapter 44 (commencing with Section 921) of Title 18 of the United
                States Code.
                (3) He or she is not a licensed importer of firearms pursuant to
                Chapter 44 (commencing with Section 921) of Title 18 of the United
                States Code and the regulations issued pursuant thereto.
                (4) He or she is the owner of a handgun.
                (5) He or she acquired that handgun outside of California.
                (6) He or she moves into this state on or after January 1, 1998,
                as a resident of this state.
                (7) He or she intends to possess that handgun within this state on
                or after January 1, 1998.
                (8) The handgun was not delivered to him or her by a person
                licensed pursuant to Section 12071 who delivered that firearm
                following the procedures set forth in Section 12071 and subdivision
                (c) of Section 12072.
                (9) He or she, while a resident of this state, had not previously
                reported his or her ownership of that handgun to the Department of
                Justice in a manner prescribed by the department that included
                information concerning him or her and a description of the firearm.
                (10) The handgun is not a firearm that is prohibited by
                subdivision (a) of Section 12020.
                (11) The handgun is not an assault weapon, as defined in Section
                12276 or 12276.1.
                (12) The handgun is not a machinegun, as defined in Section 12200.

                (13) The person is 18 years of age or older.
                (o) For purposes of paragraph (6) of subdivision (n):
                (1) Except as provided in paragraph (2), residency shall be
                determined in the same manner as is the case for establishing
                residency pursuant to Section 12505 of the Vehicle Code
                .
                (2) In the case of members of the Armed Forces of the United
                States, residency shall be deemed to be established when he or she
                was discharged from active service in this state.
                12505 VC 12505. (a) (1) For purposes of this division only and
                notwithstanding Section 516, residency shall be determined as a
                person's state of domicile. "State of domicile" means the state
                where a person has his or her true, fixed, and permanent home and
                principal residence and to which he or she has manifested the
                intention of returning whenever he or she is absent.
                Prima facie evidence of residency for driver's licensing purposes
                includes, but is not limited to, the following:
                (A) Address where registered to vote.
                (B) Payment of resident tuition at a public institution of higher
                education.
                (C) Filing a homeowner's property tax exemption.
                (D) Other acts, occurrences, or events that indicate presence in
                the state is more than temporary or transient.
                You think you know, but you have no idea.

                The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                Comment

                • #9
                  Oregonish
                  Senior Member
                  • Jan 2008
                  • 610

                  I take a Mark 23, thank you very much!!

                  Comment

                  • #10
                    madweazl
                    Junior Member
                    • Jul 2009
                    • 7

                    Originally posted by lorax3
                    This the fun part. CA requires anyone who meets the definition of a 'personal handgun importer' to register handguns within 60 days.
                    I'm going to change my home of record to AZ and work on the MAWP; I'm having an AR15 built and would prefer not to have it CA legal (we've been waiting for parts for ages now). I dont know if the AR will be done within 60 days but if I've read things correctly, I can register the lower receiver (which I can get sent to my FFL in AZ).

                    Wish these laws were easier to read

                    Comment

                    • #11
                      madweazl
                      Junior Member
                      • Jul 2009
                      • 7

                      Originally posted by TZL
                      they don't make 10 rd mags for the XDm yet....so you'll have to modify the factor mags to 10 rounders to use in CA
                      I thought that was a no-no?

                      Comment

                      • #12
                        Overkill
                        Senior Member
                        • Jan 2006
                        • 776

                        Permanently modifying standard-capacity mags to 10 round only is not a no-no.

                        Comment

                        • #13
                          madweazl
                          Junior Member
                          • Jul 2009
                          • 7

                          Ok, so that is good news

                          Comment

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