Question about minimum age to OWN a handgun in CA

[roki]

Hey guys,

This is a bit of a complex situation, but I'm trying to get a concrete answer, and there are some very opinionated people out there, completely certain their answer is correct.

From what I can see, the minimum age to purchase a handgun in CA is 21, either from a dealer or PPT. However, the legal age to get an HSC is 18. In addition, the federal legal age to OWN a handgun is 18, and many states allow purchases from private parties, or intrafamilial transfers, at 18. Here is my specific situation:

A family friend is moving from Virginia to California. She is 20. Her father gifted her a handgun on her 20th birthday, in January. She moves in July, 6 months before she turns 21. The question is, if she is currently the legal owner of the handgun, which she is, does bringing it to CA before she turns 21 make it illegally possessed? I know she'd have to do the $19 new handgun registration form to the DOJ within 60 days of moving, but can she still do that?

Also, she's looking at a Gen4 Glock 23 from an in-law back there (again, private party purchase of a handgun >18 years old is legal in VA). That being off-roster in California, would that complicate things if she wanted to buy and then bring that one as well?

Thanks for any help!

[CSACANNONEER]

You can't by a handgun from an FFL until you are 21 anywhere in the country. Other than that, you nailed it. She can bring in off roster guns when she moves here. That one of the few ways to legally get them into CA and one of the easiest to prove.

[roki]

California penal code, which doesn't currently apply to her. She is currently a VA resident, and legally owns the handgun under federal AND state law. Moving to California, as the legal owner, does it become illegal to own/possess once she becomes a CA resident?

Remember, she is not buying, transferring, loaning, etc as a CA resident. All she's doing is moving into the state and bringing and declaring her legally-owned firearm.

[roki]

You can't by a handgun from an FFL until you are 21 anywhere in the country. Other than that, you nailed it. She can bring in off roster guns when she moves here. That one of the few ways to legally get them into CA and one of the easiest to prove.

So since she obtained it legally in VA (one was a gift, one would be purchased, both private party [not through FFL]), as the legal owner she can bring and declare it in CA in 7/2013, even though she won't be 21 until 1/2014?

[im2ninja4u]

So since she obtained it legally in VA (one was a gift, one would be purchased, both private party [not through FFL]), as the legal owner she can bring and declare it in CA in 7/2013, even though she won't be 21 until 1/2014?

Yessir, that's it.

[Quiet]

So since she obtained it legally in VA (one was a gift, one would be purchased, both private party [not through FFL]), as the legal owner she can bring and declare it in CA in 7/2013, even though she won't be 21 until 1/2014?

Yes.
The minimum age to import a firearm you legally own is 18. [PC 17000(a)(13)]


Penal Code 17000
(a) As used in this part, until January 1, 2014, any reference to the term "personal firearm importer" shall be deemed to mean "personal handgun importer" and, on and after January 1, 2014, any reference to the term "personal handgun importer" shall be deemed to mean "personal firearm importer." A "personal handgun importer," until January 1, 2014, and commencing January 1, 2014, a "personal firearm importer" means an individual who meets all of the following criteria:
(1) The individual is not a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(3) The individual is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a firearm.
(5) The individual acquired that firearm outside of California.
(6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after January 1, 2014, as a resident of this state.
(7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, he or she intends to possess that firearm within this state on or after January 1, 2014.
(8) The firearm was not delivered to the individual by a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, who delivered that firearm following the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.
(9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm.
(10) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(11) The firearm is not an assault weapon.
(12) The firearm is not a machinegun.
(13) The person is 18 years of age or older.
(14) The firearm is not a .50 BMG rifle.
(15) The firearm is not a destructive device.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.

[john67elco]

80% 1911 build or Ar pistol build.

[CSACANNONEER]

So since she obtained it legally in VA (one was a gift, one would be purchased, both private party [not through FFL]), as the legal owner she can bring and declare it in CA in 7/2013, even though she won't be 21 until 1/2014?

Yep. Of course, she can not import any +10 round magazines that she did not possess in Ca prior to 1-1-00.

[roki]

Yep. Of course, she can not import any +10 round magazines that she did not possess in Ca prior to 1-1-00.

Thank you for your help. Yes, one is a 1911, so the 10+ round mag wouldn't be a concern. I'll make sure she sells off any 10+ rounders for the Glock before moving, if she decides to buy it. We'll get some 10-round mags once she gets it here.

[CGDC]

If she is military moving here for a PCS (permanent change of station) tranfer she will not need to become a CA resident and does not have to do the import paperwork and $19 fee as long as she doesn't become a resident. Someone please correct me (I know you will) if I am wrong about the import paperwork. That is what I was told by the DOJ when I tranfered here.