Out of State Purchase

[codymatthew]

[codymatthew]

What gun?

Off roster handguns cannot be bought out of state and simply brought home unless you are moving from another state, not just visiting.

I'd have to crisscross my guns through the roster. 98% sure at least one of them isn't on the roster. But I believe that one was purchased by my parents, who at the time were LEOs and intrafamily transferred to me.

[Garv]

I'd have to crisscross my guns through the roster. 98% sure at least one of them isn't on the roster. But I believe that one was purchased by my parents, who at the time were LEOs and intrafamily transferred to me.

Sorry, missed the military part so deleted my post to reword.

If you have established outside residency, which is tricky, you can bring back CA legal guns when moving back to CA.
Do not have to be on roster, but otherwise CA legal.
e. g., 10 round mags. max.

I believe you have 60 days to register once returned to CA.

Most of us cannot just drive to AZ or NV and visit to buy an off roster pistol and simply bring it back.

I am unsure of the military exemptions but others will chime in.

[codymatthew]

Sorry, missed the military part so deleted my post to reword.



If you have established outside residency, which is tricky, you can bring back CA legal guns when moving back to CA.

Do not have to be on roster, but otherwise CA legal.

e. g., 10 round mags. max.

That's what I was thinking. This is so dumb lol. Technically I'm not a resident of California yet...... lol I'm still active duty military on leave status. However, this tap dance seems way too excessive for my taste. I just think it's odd that I reported all my weapons and they never questioned it.

[SkyHawk]

That's what I was thinking. This is so dumb lol. Technically I'm not a resident of California yet...... lol I'm still active duty military on leave status. However, this tap dance seems way too excessive for my taste. I just think it's odd that I reported all my weapons and they never questioned it.

Why are you reporting them if you are not a resident? People who visit here with firearms don't report their firearms, so why are you?

Be careful, because if you could also be considered a CA resident, bringing handguns into the state is a felony. PC27585. And if you have already reported firearms, they may consider you a resident. What form did you use exactly, to report your firearms - the new resident reporting form???

Residency is established, not declared. From the JAG:

What is domicile (legal residence)? It is the place that one considers "home," where one has been physically present (generally this means lived) and formed the intent to remain for the indefinite future and return when temporarily absent. Examples of contacts with a particular State that help prove domicile include: where one votes, owns property, holds professional licenses, registers vehicles, holds a driver's license, accepts tax breaks for a declaration of homestead, or indicates where his or her last will and testament should be probated. A determination of domicile will be fact specific. No particular combination of these or other similar contacts will necessarily guarantee proof of domicile. SMs and spouses must look to the appropriate State law. One may abandon an old domicile by being physically present in another State, forming the intent to create a new domicile there, and establishing new contacts with the new domiciliary State.
...
Domicile is established, not arbitrarily chosen.

[codymatthew]

Why are you reporting them if you are not a resident? People who visit here with firearms don't report their firearms, so why are you?

Be careful, because if you could be considered a CA resident, bringing handguns into the state is a felony. PC27585. And if you have already reported firearms, they may consider you a resident.

Mainly because I will soon be a "resident" once my leave time is up (I'm still "assigned" to Hawaii.) And because I routinely carry my handgun everywhere I go, I don't want to get stopped and worry about if the state is going to F' me.

[codymatthew]

Out of State Purchase

I think I'm just going to find a dealer who will work with my credentials. As a Military Police Officer I am a qualified federal law enforcement officer, credentialed as required by 18 U.S. Code 926B. Which more than covers the Pen. Code, 32000, subd. (b)(4) requirement. I just have a feeling a dealer isn't going to test those waters.

[baih777]

When you know whers your going to be living, post it here . Maybe someone will recommend a gunstore for you.

[codymatthew]

Out of State Purchase

When you know whers your going to be living, post it here . Maybe someone will recommend a gunstore for you.

Definitely. I know FFLs are little jumpy, so I'll probably try and see if they will work with me, if not no big deal. It can wait.


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[codymatthew]

But my main question is the state lines crossing. So if a person was to drive to Nevada or Texas, buy a handgun on vacation, then drive home and cross into California that's a felony? How does one get caught doing that? I would assume a peace officer of the state would run the firearm, but how would they know the firearm was purchased in our out of state?


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[Milsurp Collector]

But my main question is the state lines crossing. So if a person was to drive to Nevada or Texas, buy a handgun on vacation, then drive home and cross into California that's a felony?

In general, for someone who doesn't have a FFL, yes.

May an unlicensed person acquire a firearm under the GCA in any State?

provided the transfer takes place through a Federal firearms licensee in his or her State of residence.

[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]

What constitutes residency in a State?

For Gun Control Act (GCA) purposes, a person is a resident of a State in which he or she is present with the intention of making a home in that State. The State of residence for a corporation or other business entity is the State where it maintains a place of business. A member of the Armed Forces on active duty is a resident of the State in which his or her or her permanent duty station is located.

Check out this page https://www.atf.gov/qa-category/unlicensed-persons

So if someone who doesn't have a FFL goes to a different state, buys a handgun, and then just brings it back home without transferring it through a FFL in their home state, then they have committed a felony. How they would get caught is another matter.

[Quiet]

Gun Control Act of 1968

But my main question is the state lines crossing. So if a person was to drive to Nevada or Texas, buy a handgun on vacation, then drive home and cross into California that's a felony? How does one get caught doing that? I would assume a peace officer of the state would run the firearm, but how would they know the firearm was purchased in our out of state?

For the last 49 years...

Federal laws have prohibited residents of different States from transferring firearms to each other, unless a FFL is utilized. [18 USC 922(a)(3)&(5)]

Federal laws have prohibited a FFL dealer in transferring a firearm to a non-resident. Exemption to this for Title 1 Rifle and Title 1 Shotgun, as long as the transfer complies with the State laws of both the FFL and the non-resident. [18 USC 922(b)(2)]

Violating the Federal laws equates to a Federal felony for everyone involved in the transfer. [18 USC 924(a)(1)(D)]

Typically, discovery and enforcement is done when the BATFE does a firearm trace or the illegal transfer is done by an agent (informant, LEO, etc) for law enforcement.

A firearm trace is normally initiated when a firearm is discovered/confiscated (evidence, found property, etc) by law enforcement.

[codymatthew]

In general, for someone who doesn't have a FFL, yes.







Check out this page https://www.atf.gov/qa-category/unlicensed-persons



So if someone who doesn't have a FFL goes to a different state, buys a handgun, and then just brings it back home without transferring it through a FFL in their home state, then they have committed a felony. How they would get caught is another matter.

Awesome post! Thank you