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  • Bamban
    Junior Member
    • Feb 2008
    • 10

    Firearm Ownership

    I am a part owner of reataurant in Salinas and our S-Corp is registered in CA and I am one of the officers, the DBA is listed in Monterey County, but I don't maintain any residence in CA. Question: Could I legally buy a firearm and keep it the restaurant premises for my use whenever I visit. I tired to read the DOJ, got to admit I got confused. The asnwer appears to be no, just want to make sure.

    Any help is greatly appreciated. I maintain residences in TX and AZ and have CHL and CCW in both states respectively, I know this does not help since since CA recognizes no permits from any states.

    Thanks.
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  • #2
    rkt88edmo
    Reptile&Samurai Moderator
    CGN Contributor - Lifetime
    • Dec 2002
    • 10062

    Have you specifically found anything stating you cannot carry and store a firearm on your business premises? As long as it was purchased in one of your "home" states and locked up (assuming you have underage employees and patrons) when you are not present I would think it would be ok.
    If it was a snake, it would have bit me.
    Use the goog to search calguns

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    • #3
      Bamban
      Junior Member
      • Feb 2008
      • 10

      Thank you for the speedy response.

      I thought you have to be a resident to legally own a firearm in CA, otherwise you fall in the category of in tranist and firearms must be locked up.

      If I follow you questioning, is it oK then to move say an 870 from TX to the restaurant. Does it implies that it has to stay there and I can't transport it between the Hotel and the restaurant.
      sigpic

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      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30242

        Originally posted by Bamban
        If I follow you questioning, is it oK then to move say an 870 from TX to the restaurant. Does it implies that it has to stay there and I can't transport it between the Hotel and the restaurant.
        Yes, you can take your 870 from TX to your place of buisness in CA.
        Yes, you can store your 870 at your place of business. While you are not there, the 870 needs to be properly secured.
        Yes, you can transport your 870 from the hotel you are staying at and your place of business. While in transport, the 870 needs to be unloaded.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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        • #5
          bigthaiboy
          Veteran Member
          • Apr 2007
          • 4795

          Also if you are flying from TX, you can check the unloaded 870 in a locked hardcase as part of your baggage allowance, when to are travelling back and forwards. Very easy process.

          Life can make you do many things, even kiss a man with a runny nose.

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          • #6
            Bamban
            Junior Member
            • Feb 2008
            • 10

            Thank you y'all for the replies.

            Salinas these days is not what it used to be like when I left the area in 72 for the service.
            sigpic

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            • #7
              ivanimal
              Janitors assistant
              CGN Contributor - Lifetime
              • Sep 2002
              • 14364

              Originally posted by Ernest Roehm.
              Hello Friends,Back in the "Old Country",all of the guns got taken,Thank You,Ernest Roehm.
              Ernest welcome to the forum, that is what we are trying to avoid.
              "I would kill for a Nobel peace prize." Steven Wright"
              Board Member CGSSA Donate now!
              NRA lifetime member

              Comment

              • #8
                Soldier415
                Calguns Addict
                • Feb 2007
                • 9537

                Originally posted by Ernest Roehm.
                Hello Friends,Back in the "Old Country",all of the guns got taken,Thank You,Ernest Roehm.
                A cambodian midget wearing a kilt, snorkel and flippers on stage at the Oscars makes more sense than your post.

                For this, I hereby present to you the





                P.S.

                Welcome to the forum
                Originally posted by harmoniums
                Absolutely, I've refused sale before.
                My gut is good for two things, making poo and spotting crazy
                Originally posted by bwiese
                Do not get your legal advice from Forest Rangers or Sheriffs: that's like getting medical advice from your plumber.

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                • #9
                  bwiese
                  I need a LIFE!!
                  • Oct 2005
                  • 27621

                  Originally posted by Bamban
                  (text rearranged by quoter) I am a part owner of reataurant in Salinas and our S-Corp is registered in CA and I am one of the officers, the DBA is listed in Monterey County, but I don't maintain any residence in CA.

                  ..{snip}...I maintain residences in TX and AZ and have CHL and CCW in both states respectively, I know this does not help since since CA recognizes no permits from any states.

                  Question: could I legally buy a firearm and keep it the restaurant premises for my use whenever I visit? I tired to read the DOJ, got to admit I got confused. The asnwer appears to be no, just want to make sure.
                  You do not need to be a CA resident to possess firearms in CA. However, you cannot import (1) assault weapons (includes pistols w/threaded bbls), or (2) hicap mags, which are those holding over 10 rounds. (Other limitations apply, like Taurus Judges which can shoot 410Ga shotgun shells and 45LC/410Ga derringers, and pistols w/unrifled bbls, etc)

                  You are free to bring as many 870s and Remington 700s and conventionally-stocked/no-flash-hider Mini 14s etc. as you want.
                  You are free to bring in most any normal handgun you want, just bring in 10rd magazines only for the autoloaders.

                  For handguns, if you establish residency/ stay for 60 days, you need to file New Resident Handgun Ownership Report with our DOJ Bureau of Firearms, with a $19/handgun fee. There is no such requirement for long guns.

                  You will not be able to buy guns in CA if you are not a CA resident. It is illegal to buy guns via "paperless private party" method in CA, and since you are an outta-stater, this would also cause Federal/BATF problems too. Buy your guns in your home state.

                  You should exercise caution in storage of your firearm(s) at the restaurant. I worry that allowing others use of/access to it when you are not present could conceivably be regarded as an illegal interstate transfer to that person [likely defendable, but you don't need to go there]: it thus may be best if you had a locked area for it with exclusive access for yourself (and maybe wife) when you are not present.

                  You are free to fly in/out of CA with legal firearms that are declared in your locked, checked luggage.

                  In CA, handguns should be transported in vehicles locked & unloaded. Long guns just need to be unloaded. but avoid driving thru school zones (1000ft) if you have unlocked firearms though.
                  Last edited by bwiese; 02-26-2008, 12:07 PM.

                  Bill Wiese
                  San Jose, CA

                  CGF Board Member / NRA Benefactor Life Member / CRPA life member
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                  employer. No posts of mine on Calguns are to be construed as
                  legal advice, which can only be given by a lawyer.

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