Firearms bought out of state by CA resident

[HokeySon]

Hypothetically speaking, if I went on vacation to one of the great lake states and bought a couple of guns while I was there -- legally purchased through dealer and filled out the fed forms -- then brought them back with me, what would I have to do upon my return to CA? Does it matter whether the hypothetical purchase was a handgun or long gun? And if that matters, does it matter whether the hypothetical handgun is not one the list.

Thanks.

PS, these hypothetical weapons have no evil features and could never be construed as AWs -- even hypothetically.

[Rob454]

Hypothetically you cannot buy guns in another state and walk out with them cause you are a resident of california. Any guns you buy have to be sent to a FFL here. Hypothetically speaking and thats my hpothetical understanding.

[munkeeboi]

They'd need to see an ID to make the sale. Once they see a CA ID, there is no more hypothetical. Even if they didn't check ID, you'd be breaking a CA law that doesn't allow you to purchase and take possession of firearms from out of the state without going through an instate FFL (c&r excluded).

IF you somehow had dual residence, and the firearm does not fall into the category of an AW, then leave the new larger than 10 cap mags there and bring the guns in. For handguns, you then have 60 days to sell/transfer the gun or use the new resident form to inform the DOJ that the gun is now in CA. For rifles in legal configuration, you don't need to do anything.

[Casual Observer]

the law requires all handguns be bought in the state of residence.

Federal law does allow out-of-state buyers to purchase long-guns *IF* such a transaction is legal in both states.

CA state law says all CA residents must go through a CA FFL, which makes the law mute.

The only way I can think of getting around this is having duel residency in two different states- and that's not as easy as it sounds. Typically those people are in the military (home state and where you're stationed) and in college (sometimes).

[pro1911]

if you are from california they legally can't sell you a gun unless shipped to an FFL that is a federal law if i'm not mistaken. As far as i know if not on the list it can't come in.

[Librarian]

Four for four correct answers - nicely done.

Hokey, the legal details are here, on the Calguns Foundation Wiki.

[HokeySon]

They'd need to see an ID to make the sale. Once they see a CA ID, there is no more hypothetical.

Okay, but lets just say that CA ID was handed over, Fed forms filled out, guns handed over after local state's two day waiting period, and flown back into this fair state. Then what?

OUr laws are fricken ridiculous. There is no legal way I can be held responsible for violating a CA when I am in another state. A state's criminal laws end at its border. If the speed limit in CA is 55, but the law in another state is 70, California thinks it can charge me for violating the speed limit in the other state? No way. Now improper importation is another matter, hence my hypothetical question.

EDIT/ Update: Okay read the wiki, I appreciate the help and understand it is fed law, not just CA law. But now what in the hypothetical? Throw them in the ocean?

[Cokebottle]

One exception: If you are the holder of an 03FFL, you can purchase C&R firearms that are over 50 years old out of state and import them.
The handguns still must be registered once you get home.

[Cokebottle]

Okay, but lets just say that CA ID was handed over, Fed forms filled out, guns handed over after local state's two day waiting period, and flown back into this fair state. Then what?

It's still an illegal transfer.

OUr laws are fricken ridiculous. There is no legal way I can be held responsible for violating a CA when I am in another state. A state's criminal laws end at its border.

Federal law spans all states, and Federal law requires that transfers between residents of different states must be in compliance with the laws of both states.

Federal law requires that all interstate transfers go through an FFL.
California law requires that California residents use a California FFL.

If the speed limit in CA is 55, but the law in another state is 70, California thinks it can charge me for violating the speed limit in the other state?

You would be in violation of Federal law.

[HokeySon]

I get it. Illegal transfer. Can't happen. But lets just say it did happen. What to do then?

[BigDogatPlay]

Surrender yourself? And let the BATFE know to go out and rack the FFLs chestnuts for completing the sale.

If it happened... it's a crime.

[HokeySon]

If it happened... it's a crime.

Good thing it was just a hypothetical then. Huh?

Thanks again to all.

[Casual Observer]

Surrender yourself? And let the BATFE know to go out and rack the FFLs chestnuts for completing the sale.

If it happened... it's a crime.

Quoted for truth. Honestly, it's better in the long run to do the "right thing" and get ahead of it.

All it takes is a careful audit of the store that, hypothetically, sold this firearm. All you need is some young ATF Agent trying to make his bones come across that 4473.

My advice- call the local ATF office and ask the question- hypothetically- or consult your attorney.

[andalusi]

One exception: If you are the holder of an 03FFL, you can purchase C&R firearms that are over 50 years old out of state and import them.
The handguns still must be registered once you get home.

The C&R firearm doesn't even have to be over 50 years old if you have the 03 FFL and if it's purchased while outside California, even if it's a handgun. It just has to be a C&R weapon per federal law. You do have to take possession of the firearm while out of state, though. Also, you have to file a 4100A with the CA DOJ.

[JDay]

The only way I can think of getting around this is having duel residency in two different states- and that's not as easy as it sounds. Typically those people are in the military (home state and where you're stationed) and in college (sometimes).

I don't think being stationed in another state establishes dual residency or even residence in that state. If you live in California and are stationed in Virginia you'd still pay California income taxes.