Moving from Cal and, maybe, back with Cal Weapons

[WhoDat]

Hypothetical question...

What would happen if one was to move out of state with a few dozen California legal and registered weapons, and then move back after a few years? Would those weapons still be OK to bring back and keep in-state?

[tomhenry]

Are they legal because they're registered? Or are they legal as in approved for ownership/importation into the state?

[WhoDat]

Most were bought & registered here. A few were bought previously to moving here, but the "assault-types" have been registered.

Are they legal because they're registered? Or are they legal as in approved for ownership/importation into the state?

[tomhenry]

but the "assault-types" have been registered.

These "assault" rifles are otherwise illegal? Because if they are, I can't imagine they would let you bring them back into the state once you've established residency elsewhere.

But this is all hypothetical, right?

Somebody who actually knows Cal law will be along shortly, but you could always call the DOJ for particulars. Since it's all hypothetical anyway.

[WhoDat]

I guess my question has two threads...

1. Do California weapons become out-of-state weapons, if the owner transports them there and sets up residency? If so, is there a time period for this?
2. If the above is true, would there be a way of mitigating that (i.e. store/maintain some of them in-state), assuming the owner may move back in a few years.

[bwiese]

Here's the skinny:

1. Registered AWs don't lose their AW registration status just because one moves out of CA. [I assume by
"reg'd AW" you aren't referring to DROS + 4473 that every gun buyer goes thru at a CA FFL, but instead
mean the special DOJ registration for Roberti-Roos and SB23 AWs that you had to mail in in 1990 or 2000 (up
to 1/23/2001 for ARs/AKs).]

Ensure your AW reg form from DOJ is error-free, keep copies, put them in a safe and safety deposit box;
memorize your AW reg#. This is mostly for paranoia if database gets screwed up somehow being associated
with your cancelled DL/ID, but this should not happen. (If it did, you'd have 'paper backup' to square the
DOJ, and they'd ensure the database would be fixed.)

There's nothing in the law that allows AW regs to be automagically deleted if someone moves out of state,
and the crimes related to AW possession are possession of an unreg'd AW or (re)importation of an unreg'd AW.
(You can also illegally transport a reg'd AW between unauthorized destinations or if it's not locked/unloaded.)


2. If you owned/possessed hicap magazines within CA anytime before 1/1/2000, they are legal to reenter CA
with you. There's a 12020PC (forget the subsection) exemption for reimportation of legally-owned hicap mags:
it doesn't matter whether it's a quick trip to shoot in the NV desert, a 1 month vacation, or a 5+ year job-
change/relocation. Residency status has nothing to do with this; even if you were an AZ resident who bought
a hicap mag at the Pomona, CA gunshow in 1997, you can (re)enter or move into CA with that mag!


3. 12001(n) PC defines 'personal handgun importer', and is relevant for only folks moving into CA with handguns
they acquired *outside* California. Thus reimporting your handguns even after a residency change is OK. Even
if you have old non-DROSed legal paperless-private-party handguns from pre-1991 that were acquired in CA,
you'd still not have to file a 'personal handgun importer' form; burden of proof otherwise for a 'personal handgun
importer' violation of such non-DROSed guns is on prosecution.

If you were to acquire new handguns while a resident OUTSIDE of California (after 1998) and were then to move
back into CA, then you would have to file a 'personal handgun importer' form and a $19/gun (I think) fee. Again
this is only for handguns acquired while you were a resident outside CA, and not applicable to handguns you'd
moved with from California and with which you'd be reentering California.


4. Ordinary non-AW long guns (that aren't no-nos like SBRs, SBSes, etc.) can move freely out and then back in
with you without grief or paperwork. If you purchased new ordinary long guns while an out of state resident and
subequently move back into CA with them, there is no paperwork you have to do.

[WhoDat]

Damn, Bill, your post made my day!!!

Lots of really good info there... Thanks!!!!

Here's the skinny:

[tomhenry]

Bill be da man!

I knew somebody would be along.

[WhoDat]

Yep, I wasn't expecting to get all of my questions answered in one post - definitely cool...