PPT Inquiry

[MacFly]

Asking for a friend.

His buddy recently moved to Texas for school/work, but maintains a house and CA DL.

He purchased a P320 that he does not like and wants to sell it. My friend wants to know if he can purchase the firearm via PPT legally. Whether it be his friend brings it back with him to CA or ships it via FFL.

Thank you in advance.

[P5Ret]

Short answer NO.

The friend can not bring it back to Ca without first delivering it to an FFL in Ca for DROS 10 day wait, where the roster will apply and can not be transferred.

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.

Violation of the section for a handgun is a felony.

[9Cal_OC]

Short answer NO.

The friend can not bring it back to Ca without first delivering it to an FFL in Ca for DROS 10 day wait, where the roster will apply and can not be transferred.

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.

Violation of the section for a handgun is a felony.

Correct. It would have to stay in TX and cannot be brought back to CA as he is still a CA resident.

Curious as to how he bought it with a CA DL without forfeiting it upon getting a TX DL.

[MacFly]

Short answer NO.

The friend can not bring it back to Ca without first delivering it to an FFL in Ca for DROS 10 day wait, where the roster will apply and can not be transferred.

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.

Violation of the section for a handgun is a felony.

Correct. It would have to stay in TX and cannot be brought back to CA as he is still a CA resident.

So essentially, he would have to completely move to TX and give up his CA residency?

[MacFly]

Correct. It would have to stay in TX and cannot be brought back to CA as he is still a CA resident.

Curious as to how he bought it with a CA DL without forfeiting it upon getting a TX DL.

He has a TX DL. I'm assuming since he has a house still here in CA, they let him keep his DL? Not sure, but I'll have to ask him.

[CoopsDad]

Correct. It would have to stay in TX and cannot be brought back to CA as he is still a CA resident.

Curious as to how he bought it with a CA DL without forfeiting it upon getting a TX DL.

Texas. Private party sales, no DL required. I've bought at least 8 guns at yard sales and never showed a driver's license. Bought a few others where the seller just wanted a glimpse of my Texas LTC, nothing copied or anything. Bought a few at pawn shops where they did the 4473 but no background check because I have an LTC.

[edgerly779]

You cannot have d/l's from different states.

[003]

As noted above, he cannot have a driver's license from two States. Owning a home in California does not necessarily make him a California resident.

If he is a Texas resident, when he moves back to California he can bring the gun with him as a personal importer, once in the State and registered to him he can sell it.

[sass2924]

Maybe he got a TX ID card. A valid state ID card works just like a DL for the 4473. But, states usually want the person to get a DL after they have been living in state for a certain amount of time.

[9Cal_OC]

As noted above, he cannot have a driver's license from two States. Owning a home in California does not necessarily make him a California resident.

If he is a Texas resident, when he moves back to California he can bring the gun with him as a personal importer, once in the State and registered to him he can sell it.

I disagree. He would be committing multiple felonies for doing so.

[Quiet]

Short answer NO.

The friend can not bring it back to Ca without first delivering it to an FFL in Ca for DROS 10 day wait, where the roster will apply and can not be transferred.

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.

Violation of the section for a handgun is a felony.

Correct. It would have to stay in TX and cannot be brought back to CA as he is still a CA resident.

So essentially, he would have to completely move to TX and give up his CA residency?

Yes, he will need to completely give up his CA residency (trade CA DL for TX DL, sell home in CA, register to vote in TX, etc).

As noted above, he cannot have a driver's license from two States. Owning a home in California does not necessarily make him a California resident.

If he is a Texas resident, when he moves back to California he can bring the gun with him as a personal importer, once in the State and registered to him he can sell it.

Under Federal laws/regulations...
Owning a home in CA, does not make him a resident of CA.


Under CA laws/regulations...
Owning a home in CA, makes him a resident of CA. [PC 17000(b)(1) and VC 12505(a)(1)(D)]

Since 01-01-2015, it is CA illegal for a CA resident to import a firearm they acquired while in another State without using a CA FFL dealer.

Firearms imported into CA must be CA legal and can not include any large capacity magazines.
In addition, if the firearm is a handgun, it 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 to import the firearms into CA equates to a misdemeanor per long gun and a felony per handgun.

[SloChicken]

Correct. It would have to stay in TX and cannot be brought back to CA as he is still a CA resident.

Curious as to how he bought it with a CA DL without forfeiting it upon getting a TX DL.

Further, if he is a CA resident (per his license) he cannot take possession of purchased sidearms out of his home state.

If off roster it cannot be brought into the state unless purchaseris legally exempt (LEO, Pelosi etc.).

[MacFly]

I stand corrected. It's a ID and not a DL.

But in any event, sounds like it's completely undoable. Not to mention illegal!

I've advised him not to even go near it.

Thank you all for the sound advice.