Peņa v. Cid (Handgun Roster) **CERT DENIED 6-15-2020**

[sulla123]

Next time we need to claim there is a cake involved and we will get to SCOTUS in record time...

Funniest thing I have ever read on Calguns. Fell over laughing. So very, very true. For F%$k's sake, a CAKE of all things! There's got to be a meme or a gif out there on this. If not, it's time to make one.

[cre8nhavoc]

California Penal Code
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.

United States Code

Wait, so if someone was moving into California then they have to bring their firearms into the state thru an FFL?! If this is true then how the world are people supposed to know this when they're moving in?! And what about those folks that move here and pack their moving truck with their firearms, what are they supposed to do?? I thought you had 60 days to register what you're bringing into the state after you've claimed residency here.

[Harry Ono]

California Penal Code
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.

United States Code

"Resident of this State" ? what if your a resident of Nevada visiting a shooting range in California ?

[pratchett]

Wait, so if someone was moving into California then they have to bring their firearms into the state thru an FFL?! If this is true then how the world are people supposed to know this when they're moving in?! And what about those folks that move here and pack their moving truck with their firearms, what are they supposed to do?? I thought you had 60 days to register what you're bringing into the state after you've claimed residency here.

Here's the information you're looking for. Essentially, that law applies to residents, and one precondition of residency is physically existing in California. So the law about importation by residents cannot apply to someone until they've become a resident here. Generally, one needs to physically stay in California in such a way as a reasonable person would conclude the stay is permanent, rather than temporary or transitory. If you're moving from another state, you can bring firearms with you provided they're not outright illegal to own. While an off-roster handgun would generally be legal, so-called "assault weapons" (sic) would not be lawful to import even if lawfully owned in the state from which one is moving.

Also, I'm not an attorney so nothing I just said is legal advice.

[baranski]

It's amazing that it has been over 11 years since the initial complaint. The wheels of justice truly turn slowly.

Because it's engineered that way.


Infringements of rights should be pretty quickly demolished, but they don't want that.


They being the politicians, judges, etc......

[Dirtlaw]

Because it's engineered that way.


Infringements of rights should be pretty quickly demolished, but they don't want that.


They being the politicians, judges, etc......

I would comment, but I would be attacked by my own breed. Discretion may be the better part of valor.

[Librarian]

Wait, so if someone was moving into California then they have to bring their firearms into the state thru an FFL?! If this is true then how the world are people supposed to know this when they're moving in?! And what about those folks that move here and pack their moving truck with their firearms, what are they supposed to do?? I thought you had 60 days to register what you're bringing into the state after you've claimed residency here.

No - new residents have their own reporting scheme; see the wiki, http://wiki.calgunsfoundation.org/in..._with_firearms

"Resident of this State" ? what if your a resident of Nevada visiting a shooting range in California ?

The law - PC 27585 - applies only to CA residents.

(BTW, while referring to code in bills might be useful historically, later bills or propositions might amend the code one would see in the bill. Current law will be found at CA's 'official' site,
http://leginfo.legislature.ca.gov/faces/codes.xhtml )

[EM2]

Funniest thing I have ever read on Calguns. Fell over laughing. So very, very true. For F%$k's sake, a CAKE of all things! There's got to be a meme or a gif out there on this. If not, it's time to make one.

kinda like this one?

[johnireland]

The Roster won't go away until the entire state government is overturned.

[dawgcasa]

[QUOTE=Elgindy25;24301071]

Are you a DOJ plant, or a media troll?

Neither, i thought if someone had dual residency in Ca and another state they could bring off roster stuff here? I have had several co workers in the past tell me that they have done this as they worked in other states yet still had residency here, i was not aware that you could not do that. On that area i may have gotten it mixed up with something else, and if thats the case my bad.

As someone already noted, you are incorrect. But, if you have a child or a parent that is a permanent resident of another state, they can purchase an off-roster handgun in their state, and then perform an interstate inter-family transfer to you here in California (child to parent or parent to child). Be aware that an interstate transfer must go through an FFL here in CA and have the normal DROS performed just like buying a new gun. Many gun shops don’t understand this ... they will say all you need to do is submit the DOJ form for the inter-family transfer and pay the fee and you’re good to go. They mistakenly say this because that’s only true when BOTH parties to the inter-family transfer are residents of CA. But an INTERSTATE inter-family transfer comes under federal law ... doing just the CA DOJ form thing would make you a felon. I did this a while ago for a Sig Sauer P365 that my daughter transferred to me from CO. It took me asking four different FFLs before I found someone that knew this key difference and would accept the handgun into their inventory system and perform the DROS, for a fee.

[mrdd]

"Resident of this State" ? what if your a resident of Nevada visiting a shooting range in California ?

Resident of California. If you are a resident of California, you cannot import firearms acquired outside California without bringing them in through a California FFL. The roster applies in this case.

If you are moving here as a new resident, there is a separate section of the law which allows you to import firearms yourself when you move here. You have to report them to the CA DOJ on a form, or on the website (CFARS). The roster does not apply in this case. The AW laws do apply.

[Harry Ono]

Resident of California. If you are a resident of California, you cannot import firearms acquired outside California without bringing them in through a California FFL. The roster applies in this case.

If you are moving here as a new resident, there is a separate section of the law which allows you to import firearms when you move here. The roster does not apply in this case. The AW laws do apply.

Thanks, and I understand your point regarding California resident. However, I was wondering about Non-California resident, as a Nevadian, visiting California for the day to shot in a California Gun range.

[mrdd]

Thanks, and I understand your point regarding California resident. However, I was wondering about Non-California resident, as a Nevadian, visiting California for the day to shot in a California Gun range.

If you are not a California resident, you can bring them on in, as long as they are otherwise legal (not AW, etc.).

Of course, the magazine restrictions apply.

[Ishooter]

Is anything happening today?

[chevyguy1]

Hopefully some good news soon 🤞🤞