Firearm Questions

[ths916m3]

Hello fellow Calguns.net members. I have been lurking for a bit, doing some reading, learning lots from the forums.

(A little about me) I have been a resident of California for about 32 years, my father decided to retire here after serving 20 years in the Army. I joined the Air Force shortly after graduating from high school (my father was not happy), married my wife that was born and raised in and around Sacramento, fast-forward over 15 years and few years ago I got the itch for owning firearms. Never realized what a poo-holed state we lived in till I started buying firearms and ammo. I have a very small collection of pistols and rifles. I would like to expand my "collection"...which brings me to a few questions.

(Back Story) About 3 years ago, my very liberal younger brother moved to Texas for work, he gets married to a TX resident. Mind you he never changes his residency from CA to TX (not that it matters.) They are moving to CA May or June. I just found out my sister-in-law has a couple of pistols "they" don't want (did I mention my brother was VERY liberal?) that she got from HER brother. I understand the basics that she needs to fill out the paperwork to register them to her in CA when they move here and in order to PPT them to me we have to go through an FFL.

Question 1: Has anyone had or heard of any problems as a new resident registering their guns?

Question 2: Would anyone recommend waiting a certain amount of time before she transfers them to me to avoid red flags?

Question 3: My understanding for PPT is that both parties have to be legally able to posses a firearm for background check and BOTH need a current FSC, then I wait the 10 day waiting period. Does that sound correct? Is there more to it?

I just want to make sure things go as smoothly as possible. Thanks for any help in the matter.


"Shep"

[P5Ret]

She does not need an FSC to sell them. She can not bring any mags that hold more than 10 rounds, or anything that Ca considers to be an AW threaded barrel, mag outside the pistol grip. Registering them is not necessary to sell either.

The sticking point will be that she needs to have a Ca DL to either register them or sell them. Getting into DMV may be an issue with the way things are. If your brother still has a valid Ca DL that may be a path to selling them to you, since paperless transfers are legal in Tx as far as I know. Yep see answer below stupid of me to not remember that part major brain fart and not enough coffee.

[SkyHawk]

1) No problem if the person is not prohibited and the gun is not AW

2) She is allowed by law to register OR sell them within 60 days. She does not even have to register them, if she instead chooses to sell them. However with Covid there could be a delay getting the CA ID which is required for PPT, within 60 days. Depending on the timing of getting a CA ID/DL, she may have to register them. There are no red flags if she decides to sell them anytime after that.

3) The seller in a PPT *does not* need FSC. The buyer does, and yes the buyer waits 10 days to pick up.

If your brother 'never changed his residency' then it would be a felony for him to personally import a pistol into CA, so don't do that.

[Tere_Hanges]

If your brother still has a valid Ca DL that may be a path to selling them to you, since paperless transfers are legal in Tx as far as I know.

Dont think that will work. If the brother still has a CA DL, he might not be able to receive the firearm from his wife because she is a resident of another state and he is still a CA resident so he would be in the same boat as OP.

[SkyHawk]

Dont think that will work. If the brother still has a CA DL, he might not be able to receive the firearm from his wife because she is a resident of another state and he is still a CA resident so he would be in the same boat as OP.

By now, after 3 years and having gotten married, the feds consider him a TX resident - so it would be legal to receive a gun from his wife in TX. The problem is, if CA still considers him a resident, it would be illegal to bring it back to CA without going through a FFL.

[Uncivil Engineer]

By now, after 3 years and having gotten married, the feds consider him a TX resident - so it would be legal to receive a gun from his wife in TX. The problem is, if CA still considers him a resident, it would be illegal to bring it back to CA without going through a FFL.

This is the part I don't understand. If he was in Texas for three years how did he maintain his California residency? Did he own a home in California? Did he continue to pay California income tax? How is continuing to possess an unexpired California driver's license enough? Did he not drive in Texas? And if he did how did he get insurance? What address did he use?

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[ths916m3]

This is the part I don't understand. If he was in Texas for three years how did he maintain his California residency? Did he own a home in California? Did he continue to pay California income tax? How is continuing to possess an unexpired California driver's license enough? Did he not drive in Texas? And if he did how did he get insurance? What address did he use?

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He had just got his DL renewed right before he moved and they are good for 4 or 5 years. He doesn't have any assets in CA. To be honest, Im not sure how he registered his car there with a CADL or did his taxes...never really thought about that and didnt want to asking him why he never just became a resident of TX after the 1st year. I figured my sister-in-law would be the easiest way of taking care of business since she's actually lived there for at least 20 years.

[SkyHawk]

This is the part I don't understand. If he was in Texas for three years how did he maintain his California residency? Did he own a home in California? Did he continue to pay California income tax? How is continuing to possess an unexpired California driver's license enough? Did he not drive in Texas? And if he did how did he get insurance? What address did he use?

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You are correct that just keeping a CA ID/DL does not make one a resident. The ID you carry does not establish or indicate residency.

There are many ways CA may consider someone a resident. Maintaining professional licenses, taking tax deductions on residential property, having left without intending to establish a domicile in the new state, etc. It is all based on very individual circumstances, there is no one size fits all answer and a lawyer who specializes in such things should be consulted if there is any question or doubt that could lead to a negative outcome.

That is why I said "if CA could still consider him a resident". I have no idea if they would, there are many variables that may or may not apply to this particular person. But I do know that the penalty for getting it wrong if you are bringing back a pistol, is not a trivial thing. In this case my advice would be to play it safe if you have a safer card to play - and it seems the OP and his family do have a safer play.

[Endless]

Hello fellow Calguns.net members. I have been lurking for a bit, doing some reading, learning lots from the forums.

(A little about me) I have been a resident of California for about 32 years, my father decided to retire here after serving 20 years in the Army. I joined the Air Force shortly after graduating from high school (my father was not happy), married my wife that was born and raised in and around Sacramento, fast-forward over 15 years and few years ago I got the itch for owning firearms. Never realized what a poo-holed state we lived in till I started buying firearms and ammo. I have a very small collection of pistols and rifles. I would like to expand my "collection"...which brings me to a few questions.

(Back Story) About 3 years ago, my very liberal younger brother moved to Texas for work, he gets married to a TX resident. Mind you he never changes his residency from CA to TX (not that it matters.) They are moving to CA May or June. I just found out my sister-in-law has a couple of pistols "they" don't want (did I mention my brother was VERY liberal?) that she got from HER brother. I understand the basics that she needs to fill out the paperwork to register them to her in CA when they move here and in order to PPT them to me we have to go through an FFL.

Question 1: Has anyone had or heard of any problems as a new resident registering their guns?

Question 2: Would anyone recommend waiting a certain amount of time before she transfers them to me to avoid red flags?

Question 3: My understanding for PPT is that both parties have to be legally able to posses a firearm for background check and BOTH need a current FSC, then I wait the 10 day waiting period. Does that sound correct? Is there more to it?

I just want to make sure things go as smoothly as possible. Thanks for any help in the matter.


"Shep"

Why would anyone moving to California want that crap state to know what you have? I don't give a crap if it's their law. Screw them. It's 2021 and any person still abiding by liberal democrat leadership in the state of California needs a mental health check. Period, end of story. Keep in mind there are thousands of California gun owners that don't have registered firearms and continue to run free state firearms. I have seen that for decades when we use to live in California. Doesn't make it right but every law enforcement agency we worked with over the years, outside of California have 100% said they wouldn't follow liberal gun laws in California. That's all you need to hear. Law enforcement and federal law enforcement do not respect California or New York gun laws. Just an FYI.

And I will continue to bad mouth California leadership day in and day out. California dmv stole $500 from me back in September. Yet another ding on that broke a s s state.

[lazyworm]

Better clear it up fast, he'd be in a lot of hurt if he's found to owe years of CA taxes.

[ths916m3]

Why would anyone moving to California want that crap state to know what you have? I don't give a crap if it's their law. Screw them. It's 2021 and any person still abiding by liberal democrat leadership in the state of California needs a mental health check. Period, end of story. Keep in mind there are thousands of California gun owners that don't have registered firearms and continue to run free state firearms. I have seen that for decades when we use to live in California. Doesn't make it right but every law enforcement agency we worked with over the years, outside of California have 100% said they wouldn't follow liberal gun laws in California. That's all you need to hear. Law enforcement and federal law enforcement do not respect California or New York gun laws. Just an FYI.

And I will continue to bad mouth California leadership day in and day out. California dmv stole $500 from me back in September. Yet another ding on that broke a s s state.

Just trying to do the right thing. If I knew I could get away with it, then who cares. If I ever left CA and moved to TX, TX doesnt care what guns I have. Just dont want to be F'd by CA law if I fail or choose not to do the right thing.

[ths916m3]

Better clear it up fast, he'd be in a lot of hurt if he's found to owe years of CA taxes.

Luckily its not my problem. He's an adult. If it were me, I wouldn't be moving back to CA. Just cant move out...yet because of the support system my wife and I have

[Uncivil Engineer]

He needs to clear up his residency before moving back. From what you said he sings like a Texas resident. He might not want to admit it but residency isn't like joining a cult . There is no ceremony. You are or are not based on several factors. As some have pointed out a tax bill may be waiting if not handled correctly.

You should ask if he paid California taxes. Register a car in Texas. Did he vote in Texas?

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[The War Wagon]

Can you just swap places with him in TX?

That would solve a LOTTA problems!

[hermosabeach]

"Question he gets married to a TX resident who owns guns. "

Easier Question
I know a woman moving from Texas to CA with some pistols.

Answer

https://oag.ca.gov/firearms/ab991

Firearms Information for New California Residents









In 3 years living and working in Texas, He still paid California taxes? Kept a CA Drivers license and registration? - his issues and not relevant to the question....