Non-CA Resident -- Can I bring my handguns/shotguns?

[Maxor]

Hello all,

I am originally from Texas and live part-time in CA (renting a house). I am a Texas resident -- my DL and CHL are from Texas, and my truck is registered in Texas. Since I am not willing to give up my Texas residency for a California residency, am I not allowed to bring my handguns and shotguns with me to CA? All the previous posts and laws I've read mention that CA residents are allowed to bring handguns into the state so long as they register them within a certain time frame... Does this apply to non-residents too? Have any other non-CA residents done this before?

Thanks for your help, I appreciate any information y'all have to give!

Maxor

[Quiet]

Yes, a non-resident can bring firearms to CA.

Firearms can not be prohibited weapons (DD, MG, SBR, SBS, assault weapons).

Also, you can not bring any large capacity (11+ round) magazines into CA.

[Quiet]

FYI.
CA considers you a resident if you do any of the following:
1. Register to vote.
2. Obtain employment in CA.
3. Go to college/university in CA.
4. Your dependents go to (K-12) school in CA.
5. Own property in CA.
6. Rent property in CA.
7. Get a CA Driver's License.

Once you establish CA residency, you have 60 days to register any handguns you have brought to CA.
In addition, you have 20 days register your vehicles in CA.

[Maxor]

FYI.
CA considers you a resident if you do any of the following:
1. Register to vote.
2. Obtain employment in CA.
3. Go to college/university in CA.
4. Your dependents go to (K-12) school in CA.
5. Own property in CA.
6. Rent property in CA.
7. Get a CA Driver's License.

Once you establish CA residency, you have 60 days to register any handguns you have brought to CA.
In addition, you have 20 days register your vehicles in CA.

I fall under two of the categories mentioned above. I am employed in CA and rent property in CA... however I have never "established" CA residency. I maintain my home address to be in TX, and my vehicles remain registered to my home address in TX. Even though I do not have a California DL or ID I still need to register any handgun I bring to CA?

Thanks again, I appreciate your helpful responses.

Maxor

[crizq0]

What happens if it has been more than 60 days. Can you still register your off-roster handguns?

[Quiet]

I fall under two of the categories mentioned above. I am employed in CA and rent property in CA... however I have never "established" CA residency. I maintain my home address to be in TX, and my vehicles remain registered to my home address in TX. Even though I do not have a California DL or ID I still need to register any handgun I bring to CA?

Thanks again, I appreciate your helpful responses.

Maxor

CA's viewpoint...
Because you are employed in CA and rent property in CA, under CA laws, you are a CA resident and the CA Gov will treat you as such.

It does not matter that you want to maintain TX residency. Because CA does not recognize multiple state residency. It's either you are a CA resident or you are not and you meet the requirements for being a CA resident. So, they will treat you as such.

CA will consider the moment you are employed in CA and/or when you signed a rental agreement, as when you "established" residency in CA.

At that point, you had 20 days to get a CA DL and register your vehicle with CA DMV. Once you received your CA DL (which requires surrendering of your TX DL), you had 60 days to register any handguns you brought to CA.

Also, since you are employed, CA will also expect you to pay CA income tax.

[Quiet]

What happens if it has been more than 60 days. Can you still register your off-roster handguns?

There is no penalty for registering after the 60 day time period.

[AdamVIP]

So if California claims him as a resident, is he also subject to California's laws on not buying guns out of state. What if he wants to buy a new gun in Texas? California can't void out his Texas citizenship, only Texas can right?

[IAMSWUTIAMS]

California does not recognize "dual" residence. Live and work in California, you're a resident and California law is applicable.

[waffmaster]

So if California claims him as a resident, is he also subject to California's laws on not buying guns out of state. What if he wants to buy a new gun in Texas? California can't void out his Texas citizenship, only Texas can right?

Apparently, since California takes his Texas DL, he doesn't have the document to probe he is Texan when buying a gun in Texas. Also citizenship is a federal term, in individual states you are a resident, I believe.

[snap-dragon]

CA seems desperate to have residents

[SilverTauron]

So if California claims him as a resident, is he also subject to California's laws on not buying guns out of state. What if he wants to buy a new gun in Texas? California can't void out his Texas citizenship, only Texas can right?

As far as the ATF is concerned, the OP is a dual resident of both Texas and California due to his property ownership in both states w/ frequent visits to the two. So he's legal to buy guns in both states.

Catch is that doesn't mean squat to CA. As far as California state law is concerned, he's 100% a California resident and must file taxes, register handguns, etc. Its an interesting conflict with Federal law, but one which will require a court visit to iron out-and probably not a favorable one given past precedent. Whenever Federal law ascribes gun rights against State law, the courts in the past have ruled that state law takes precedence and the plaintiff must do due diligence to ensure compliance w/local firearms regulation.

CA seems desperate to have residents

Its a taxation trap. The more people you arbitrarily declare a "resident", the more you've just broadened your tax base.

[billped]

The DMV will only take his DL if he has it. If perhaps he lost it, they would simply require a drivers test.