Question: Non-CA resident picking up NFA DD in CA

[prebans]

[SkyHawk]

No way, no how do you get a DD license in CA

[prebans]

[SkyHawk]

Ah yes - nothing could be easier, especially for a non-resident. You should totally go for it


11 CCR 4128
General.
(a) Except as provided in sections 30900 through 30945, 31050, 31055, and 31100 of the Penal Code, no person shall possess, transport, or sell any dangerous weapon in this state unless he/she has been granted a license and/or permit pursuant to these regulations.
(b) No license or permit shall be issued to any applicant who fails to establish good cause for such license or permit and that such license or permit would not endanger the public safety.
(c) To establish good cause, an applicant must provide the DOJ with clear and convincing evidence that there is a bona fide market or public necessity for the issuance of a dangerous weapons license or permit and that the applicant can satisfy that need without endangering public safety. Except as provided by Penal Code section 33300, good causes recognized by the DOJ to establish a bona fide necessity for issuance of dangerous weapons licenses or permits include the following:
(7) The sale of assault weapons and/or the manufacture of assault weapons for the sale to, purchase by, or possession of assault weapons by: the agencies listed in Penal Code section 30625, and the officers described in Penal Code section 30630; entities and persons who have been issued assault weapon permits; entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed herein; federal law enforcement and military agencies; law enforcement and military agencies of other states; and foreign governments and agencies approved by the United States State Department.
(d) No license or permit shall be issued to any applicant who fails to comply with local zoning restrictions or local fire-protective services regulations or ordinances.
(e) The DOJ shall provide a notice of each license or permit issued to the Chief of Police or Sheriff having jurisdiction over the licensee or permittee's location. Copies of outstanding licenses and permits shall be provided to the Chief or Sheriff of jurisdiction upon request.

11 CCR 4138
General.
The DOJ shall conduct investigations of applicants for dangerous weapon licenses/permits to establish grounds for the issuance or denial of the application as follows:
(a) Related Persons. Additional persons who may be investigated are:
(1) Persons with 10 percent or more interest in the licensee/permittee's business.
(2) Persons with authority to make management decisions for the licensee/permittee.
(3) Persons who have access to the dangerous weapon(s).
(b) Applicant's Business Role and/or Control of the Business. The following areas may be investigated concerning the applicant's business role and/or control of the business:
(1) Primary function of the business.
(2) Law enforcement's comments on the business.
(3) Applicant's financial interest in the business and source of funds.
(4) Applicant's role in and/or control of the business.
(5) Spouse's association with the business.
(c) Applicant's Personal Qualifications. The following areas may be investigated concerning the applicant's personal background:
(1) Character assessment by personal and/or business acquaintances and appropriate law enforcement and government agencies.
(2) Criminal history and driving record.
(3) Military record.
(4) Past employment or expertise related to the weapon to be covered by the requested license/permit.
(5) Medical history.

11 CCR 4140
General Compliance.
(a) Dangerous weapons shall only be stored in facilities, or transported in vehicles, that meet the security requirements described by section 4141 of these regulations, and that have been reported to the DOJ on form BOF 045 (Rev. 01/2012).
(b) Form BOF 045 (Rev. 01/2012) will require the licensee/permittee to provide the following information:
(1) The phone number and physical address of all primary and, if applicable, secondary security compliant storage locations.
(2) The year, make, model, and vehicle identification or license plate number(s), of all security compliant vehicles and trailers.
(3) Statement that all locations and vehicles meet security requirements.
(4) Date and signature of licensee/permittee, attesting, under penalty of perjury, that the preceding is true.
(c) Any change to the information on security compliant storage facilities or transportation vehicles must be reported to the DOJ within 10 days on a new copy of form BOF 045 (Rev. 01/2012).
(d) A violation of this section establishes grounds for revocation pursuant to section 4147, subdivision (a)(5) of these regulations.

11 CCR 4141
Security Requirements.
The following is a description of required security for storing and transporting machineguns, short-barreled shotguns, short-barreled rifles, assault weapons and destructive devices:
(a) Exterior Building Security Requirements
(1) All perimeter doors to the building shall be solid core and have dead-bolt locks or the equivalent. Sliding glass doors shall have steel window guards or be connected to an audible or silent alarm to detect entry.
(2) All direct entries into the interior storage room from the exterior of the building, including windows and skylights, require steel window guards (not recommended for private residences), or audible, silent or sonic alarm to detect entry, or 24-hour security guard service.
(3) If the dangerous weapon(s) will be stored at a location different from the principal place of business, or at the applicant's residence and that residence is rented/leased, the applicant shall submit written approval from the owner and the location shall meet all specified exterior and interior security requirements.
(4) When the size of the weapon(s) prohibits storage in a residence or room of a business, the weapon shall be permanently secured to prohibit easy removal, and the firing mechanism and any ammunition shall be removed and stored in a separate locked room, cabinet, or box in an area separate from the storage area for the weapon.
(b) Interior Building Security Requirements
(1) The weapon(s) shall be stored in a separate room away from any general living area or work area. Destructive device collectors may display historic, antique or curio weapons in a general living or work area provided such weapons have been disabled by removal of firing mechanisms which shall be stored separately in a safe or equivalent high security storage area.
(2) All doors leading into the storage room shall be solid core with a dead-bolt lock or the equivalent and be locked while unattended, or the weapon(s) shall be stored in an anchored, locked metal box in the room. Anchored is defined as permanently mounted to the floor or having a gross weight of 1,000 pounds or more so that heavy equipment or tools would be required to remove the box.
(3) Any ammunition shall be removed and stored in a separate and locked room, cabinet or box away from the storage area for the weapon. Ammunition may be stored with a weapon if locked in a safe.
(c) Security Requirements for Transporting Machineguns, Assault Weapons and Short-Barreled Shotguns/Rifles
(1) Machineguns, assault weapons, short-barreled shotguns and short-barreled rifles shall be transported in a locked metal container or the equivalent which is bolted to the floor of the vehicle's trunk or securely fastened to the floor in the passenger compartment of the vehicle to prevent unauthorized access. The vehicle shall be locked at all times while unattended.
(2) All locking devices shall be in good operating condition.
(d) Security Requirements for Transporting Destructive Devices
(1) When size or quantity of the weapon(s) permits storage inside the vehicle:
(A) The weapon(s) shall be transported either concealed in the locked storage area of the vehicle, or in a locked metal box or the equivalent which is bolted to the floor of the vehicle. The vehicle shall be locked at all times while unattended.
(B) All locking devices shall be in good operating condition.
(2) When size or quantity of the weapon(s) prohibits storage inside the vehicle:
(A) If the weapon is transported exposed on a pick-up truck or other vehicle, a locking device connecting the weapon to the vehicle is required. The locking mechanism shall be able to resist common tools such as bolt cutters, hammers and cold chisels.
(B) If the weapon is transported on a trailer, the weapon shall be locked to the trailer and the trailer locked to the vehicle at all times while unattended. The locking mechanism shall be able to resist common tools such as bolt cutters, hammers and cold chisels.
(C) If the weapon is mounted on its own axle, the trailer hitch or tongue shall have a locking device connected to the vehicle at all times while unattended. The locking mechanism shall be able to resist common tools such as bolt cutters, hammers and cold chisels.
(D) If a padlock is used to secure a weapon, it shall be secured with a high security, case-hardened, large shackle padlock which is in good operating condition.
(E) A special event permit may be granted to historical societies, civic organizations or collectors requesting such permits to waive transportation security requirements for the purpose of allowing the authentic display of historic, antique, curio destructive devices in patriotic, historic, civic or cultural events.

11 CCR 4142
Application Forms.
(a) Initial applicants shall do all of the following:
(1) Submit fingerprint impressions at a DOJ approved Live Scan station and obtain an Applicant Tracking Identifier (ATI) number.
(2) Complete an initial Dangerous Weapons License/Permit(s) Application Form BOF 030 (Rev. 01/2012), including the ATI number obtained pursuant to paragraph (1).
(3) If applicable, complete the Facility and Vehicle Security Compliance, Form BOF 045 (Rev. 01/2012) statement as described by section 4140, subdivision (b) of these regulations.
(4) Submit the completed initial Dangerous Weapons License/Permit(s) Application, Form BOF 030 (Rev. 01/2012), applicable fees pursuant to section 4145, and/or the Facility and Vehicle Security Compliance, Form BOF 045 (Rev. 01/2012) statement to the DOJ.
(b) Renewal applicants shall submit a Dangerous Weapons License/Permit(s) Renewal Application BOF 031 (Rev. 01/2012), identifying the permit(s)/license(s) for which they are applying and/or requesting renewal.
(c) The forms described in paragraph (2) of subdivision (a) and subdivision (b) require the applicant to provide the following information:
(1) Initial application will require the following information signed, dated, and certified under penalty of perjury: application type requested; applicant's name; business physical addresses; business mailing address; business phone number; business facsimile number (if any); residence address, residence phone number; gender, date of birth, Applicant Tracking Identifier (ATI) number, United States citizenship; if not a United States citizen, the country of citizenship and the federal Alien Registration Number or federal I-94 number; California driver's license number; social security number; height, weight, eye color, hair color; past and present employer data; spousal history; personal history including criminal and medical history background; personal references; business history; identification of the permit location, and a documentation of necessity for obtaining the license/permit.
(d) Renewal application form requires the following information signed, dated, and certified under penalty of perjury: application type requested; applicant's name; business physical addresses; business mailing address; business phone number; current supervisor's name; residence address, residence phone number; gender, date of birth, United States citizenship; if not a United States citizen, the country of citizenship and the federal Alien Registration Number or federal I-94 number; California driver's license number; social security number; height, weight, eye color, hair color, and updates to any changes of information required by the initial application described in paragraph (1).
(e) False statements on application forms or the Facility and Vehicle Security Compliance statement constitute cause for denial or revocation of license/permit.

11 CCR 4146
Denial of Application, Reasons, Reconsideration.
(a) Applications for licenses/permits shall be denied for the following reasons:
(1) Applicant fails to establish good cause for issuance of the license or permit.
(2) Applicant does not meet security requirements.
(3) Applicant makes false statements on application.
(4) Applicant fails to establish that issuance of the license or permit would not endanger the public safety.
(5) Applicant fails to notify the DOJ of any changes in information as required by section 4139 of these regulations.
(b) When an initial application is denied, the applicant may file, within 30 days, a written request for reconsideration by an Administrative Hearing Officer. Such request may include any and all evidence and legal arguments the applicant believes relevant to a reconsideration of the application. The DOJ shall provide the applicant with a written notice of its final decision within 60 days of the time the request for reconsideration is filed.
(c) When an application is denied after reconsideration a new application may be filed pursuant to section 4148 of these regulations.

11 CCR 4147
Revocation and/or Denial of Renewal of License/Permit, Reasons.
(a) A license/permit may be revoked anytime during the license/permit year when it is determined the licensee/permittee is no longer eligible, a legitimate need no longer exists, or the license/permit has been misused. Reasons for revocation of license/permit include, but are not limited to:
(1) The licensee/permittee is arrested for an offense which prohibits possession of the license/permit weapon(s).
(2) The licensee/permittee uses the weapon(s) for purposes other than licensed/permitted.
(3) The licensee/permittee fails to engage in business or violates conditions stipulated in the license/permit.
(4) The licensee/permittee fails to keep or provide records of sales and/or demonstrations, if applicable.
(5) The licensee/permittee fails to provide required security.
(6) The licensee/permittee fails to notify the DOJ of any changes in information as required in section 4139 of these regulations.
(7) The licensee/permittee violates any law punishable as a felony, or is convicted of a substantially related misdemeanor crime.
(8) Any reason which would be grounds for denial of an application pursuant to section 4146 of these regulations.

[Milsurp1]

Why would you want to acquire it inside California, even if you could eventually comply with all of ^ that?

[sigstroker]

Why would you want to acquire it inside California, even if you could eventually comply with all of ^ that?

That's what I was going to ask. Can't he meet you in Vegas?

[prebans]

[sigstroker]

Even if he has no way to transport it, you could drive down, put the ordnance in your trailer, and have him ride with you to Vegas. He's still in possession, you're just giving him a ride.

[Quiet]

No way, no how do you get a DD license in CA

A good cause for issuance of a DWP for DD is being a "collector".


California Code of Regulations Title 11 Division 5 Chapter 7 Article 1 Section 4127
Definition of Key Terms.
(d) “Collector” means a person holding a destructive device permit who collects destructive devices as a hobby and not a business.

California Code of Regulations Title 11 Division 5 Chapter 7 Article 2 Section 4128
General.
(a) Except as provided in sections 30900 through 30945, 31050, 31055, and 31100 of the Penal Code, no person shall possess, transport, or sell any dangerous weapon in this state unless they have been granted a license and/or permit pursuant to these regulations.
(b) No license or permit shall be issued to any applicant who fails to establish good cause for such license or permit and that such license or permit would not endanger the public safety.
(c) To establish good cause, an applicant must provide the DOJ with clear and convincing evidence that there is a bona fide market or public necessity for the issuance of a dangerous weapons license or permit and that the applicant can satisfy that need without endangering public safety. Except as provided by Penal Code section 33300, good causes recognized by the DOJ to establish a bona fide necessity for the issuance of licenses or permits includes the following:
(4) Possession for the purpose of maintaining a collection of destructive devices as defined in Penal Code section 16460 but such possession shall not be allowed for short-barreled shotguns, short-barreled rifles, machineguns or assault weapons.
(d) No license or permit shall be issued to any applicant who fails to comply with local zoning restrictions or local fire-protective services regulations or ordinances.
(e) The DOJ shall provide a notice of each license or permit issued to the Chief of Police or Sheriff having jurisdiction over the licensee or permittee's location. Copies of outstanding licenses and permits shall be provided to the Chief or Sheriff of jurisdiction upon request.

California Code of Regulations Title 11 Division 5 Chapter 7 Article 3 Section 4133
Collection of Destructive Devices.
(a) Documentation required to determine bona fide necessity for collecting destructive devices includes the following:
(1) A written statement from applicant certifying that they are a bona fide collector of destructive devices. The statement must identify the weapons or ordnance of interest to the collector and an estimate of the intended size of the collection.
(2) A written statement from applicant certifying that the weapon or ordinance will not be fired or discharged.

California Code of Regulations Title 11 Division 5 Chapter 7 Article 7 Section 4144
Record Keeping.
(e) Permittees authorized to collect destructive devices shall provide a signed statement that the weapon(s) or ordnance were not fired or discharged. Permittees authorized to publicly display their destructive device inventory shall maintain records of when their collection was put on display.
(1) All permittees authorized to collect destructive devices shall provide a signed statement certifying that the weapon(s) or ordnance have not been fired or discharged on form BOF 026 (Rev. 12/2019).
(2) Permittees authorized to collect destructive devices shall maintain current records of any public displays during the term year on form BOF 026 (Rev. 12/2019), or a computer generated printout of the same format as form BOF 026 (Rev. 12/2019). For each display, the records shall identify the time, place and purpose of the display.
(3) Permittees authorized to collect destructive devices shall submit to the DOJ an annual report of any public displays.
(A) The annual report shall be submitted on form BOF 026 (Rev. 12/2019), or a computer generated printout of the same format as form BOF 026 (Rev. 12/2019). The annual report shall be continuous from the prior year's renewal application annual report. The annual report shall present the time, place, device(s) displayed, and purpose of each display. Destructive devices used shall be described as prescribed by subdivision (a)(1) of this section.
(B) Permittees authorized to collect destructive devices, who have disposed of their collection, shall submit to the DOJ a detailed explanation why the collection was dissolved. Permittees with no collection shall provide any rationale why the DOJ should not deny the renewal of the permit pursuant to section 4152, subdivision (a)(4) of these regulations.

[Quiet]

Even if he has no way to transport it, you could drive down, put the ordnance in your trailer, and have him ride with you to Vegas. He's still in possession, you're just giving him a ride.

Transporting it in an unregistered vehicle/trailer is grounds for DWP revocation and confiscation of the dangerous weapon.



California Code of Regulations Title 11 Division 5 Chapter 7 Article 4 Section 4138
General Compliance.
(a) Dangerous weapons shall only be stored in facilities, or transported in vehicles, that meet the security requirements described by section 4139 of these regulations, and that have been reported to the DOJ on form BOF 045 (Rev. 12/2019).
(b) Form BOF 045 (Rev. 12/2019) will require the licensee/permittee to provide the following information:
(1) The phone number and physical address of all primary and, if applicable, secondary security compliant storage locations.
(2) The year, make, model, and vehicle identification or license plate number(s), of all security compliant vehicles and trailers.
(3) Statement that all locations and vehicles meet security requirements.
(4) Date and signature of licensee/permittee, attesting, under penalty of perjury, that the preceding is true.
(c) Any change to the information on security compliant storage facilities or transportation vehicles must be reported to the DOJ within 10 days on a new copy of form BOF 045 (Rev. 12/2019).
(d) A violation of this section establishes grounds for revocation pursuant to section 4152, subdivision (a)(5) of these regulations.

California Code of Regulations Title 11 Division 5 Chapter 7 Article 4 Section 4139
Security Requirements.
The following is a description of required security for storing and transporting machineguns, short-barreled shotguns, short-barreled rifles, assault weapons and destructive devices:
(d) Security Requirements for Transporting Destructive Devices
(1) When size or quantity of the weapon(s) permits storage inside the vehicle:
(A) The weapon(s) shall be transported either concealed in the locked storage area of the vehicle, or in a locked metal box or the equivalent which is bolted to the floor of the vehicle. The vehicle shall be locked at all times while unattended.
(B) All locking devices shall be in good operating condition.
(2) When size or quantity of the weapon(s) prohibits storage inside the vehicle:
(A) If the weapon is transported exposed on a pick-up truck or other vehicle, a locking device connecting the weapon to the vehicle is required. The locking mechanism shall be able to resist common tools such as bolt cutters, hammers and cold chisels.
(B) If the weapon is transported on a trailer, the weapon shall be locked to the trailer and the trailer locked to the vehicle at all times while unattended. The locking mechanism shall be able to resist common tools such as bolt cutters, hammers and cold chisels.
(C) If the weapon is mounted on its own axle, the trailer hitch or tongue shall have a locking device connected to the vehicle at all times while unattended. The locking mechanism shall be able to resist common tools such as bolt cutters, hammers and cold chisels.
(D) If a padlock is used to secure a weapon, it shall be secured with a high security, case-hardened, large shackle padlock which is in good operating condition.
(E) A special event permit may be granted to historical societies, civic organizations or collectors requesting such permits to waive transportation security requirements for the purpose of allowing the authentic display of historic, antique, curio destructive devices in patriotic, historic, civic or cultural events.

[Quiet]

Hello! I struck a deal with a CA resident for his howitzer. It’s C&R, is properly registered with the ATF, and the Seller has a proper CA DOJ DD license. It’ll be a Form 4 direct to me because I’ve got a C&R.

This is a single shot; no magazine. It’s larger than .50 and .60 cal. (I’m told .60 means something specific in CA..?)

Normally I’d just drive to the Seller upon approval and trailer the gun back home. But I’m not a CA resident and don’t have a CAL DOJ DD license. I’m fine Federally, but do I run afoul of CA law by taking possession in CA and immediately removing it from the state?

If it’s required, can I even get a CA DD license as a non-CA resident?

Thanks!

Non-residents of CA can apply for and obtain Dangerous Weapons Permits.

Non-resident of CA are required to comply with all the security and registration requirements for DWP holders, while transporting/storing the dangerous weapons in CA.


Option A.
Apply for a DWP for DD as a collector and wait to be approved.
^This process may take 6 months to 2+ years.

Once approved, register your vehicle/trailer that will be utilized to transport the DD.

After your Form 4 is approved, acquire the DD from the CA resident and transport the DD out-of-state.


Option B.
After your Form 4 is approved, the CA resident transports, in their registered vehicle/trailer, the DD out-of-state and transfers it to you.

[sigstroker]

Man, kali has a lot of stupid laws.

[Capybara]

What do you expect from the CADOJ?

[nitroxdiver]

[prebans]