CA "moving back(/forth)" gun registration required?

[Svetlana]

I have a couple of questions about "moving" back and forth to CA and guns that I couldn't find a clear answer on online:

1. Company manufactured gun originally bought in CA and registered, legally moved out with gun, then moved back, do we have to re-register in CA?
   
2. Same question if gun was home/self built in CA (legal CA resident)? (how if no serial)?
   
3. Same question as above if only left CA for short time with gun and came back (still legal CA resident all the time)? do we have to re-register in CA?
   
4. Home/self built gun outside of CA (not CA resident at the time), then legally moved to CA, have to register? (how if no serial)?

[Librarian]

I have a couple of questions about "moving" back and forth to CA and guns that I couldn't find a clear answer on online:

1. Company manufactured gun originally bought in CA and registered, legally moved out with gun, then moved back, do we have to re-register in CA?
   
2. Same question if gun was home/self built in CA (legal CA resident)? (how if no serial)?
   
3. Same question as above if only left CA for short time with gun and came back (still legal CA resident all the time)? do we have to re-register in CA?
   
4. Home/self built gun outside of CA (not CA resident at the time), then legally moved to CA, have to register? (how if no serial)?

1 - no (What would be the point? It would already be in AFS associated with the owner.)

2 - if it did not need registering when built, no

3 - no. Generally, guns acquired IN California need not be re-registered if one moves out and returns, and leaving for school or vacation, or other not-change-of-residence is irrelevant.

4 - yes; I don't know how one deals with the lack of serial number.

[CrazyPhuD]

4 - yes; I don't know how one deals with the lack of serial number.

This begs to ask another question...lets assume that you put none under serial number(this would be valid for some pre 68 firearms too). If the DOJ complains and doesn't want to accept the form...does it matter?

The law seems to indicate only that you are required to fill out the form truthfully send it to the DOJ. The law does not seem to indicate that it is required that the DOJ accept the form you fill out.

If you have filled out the form truthfully and to the best of your knowledge would you be required to change anything the DOJ doesn't like?(note leaving things blank would probably not be a good idea)

27560. (a) Within 60 days of bringing a handgun, and commencing
January 1, 2014, any firearm, into this state, a personal firearm
importer shall do one of the following:
(1) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.

Note it's probably not a good idea to be cute here....but there is the legitimate question that if you've filled out the information to the best of your knowledge and truthfully are you required to do anything more if the DOJ doesn't like one of the truthful statements?(in this case the lack of a serial number).

Sadly the answer may be....we don't know....until the state tries to prosecute someone for it.

[Svetlana]

I think it would be truthful if one wrote "none" and it really had no serial, but I have no idea what the government would feel. :/ Unless the person who made it put their own? but what if that person was a private individual citizen without a company and firearm manufacturing license, can they still put a serial?

What if a photo of the firearm was submitted as the "serial number"? In the case if the owner/maker really wanted to register it in case it got stolen?

I recall applying for a permit or license for something a long time ago (not weapons-related) and wrote down "see attached photo" (it was for some address that had no legal address) submitted a photo for something and it got rejected.

[Librarian]

I think it would be truthful if one wrote "none" and it really had no serial, but I have no idea what the government would feel. :/ Unless the person who made it put their own? but what if that person was a private individual citizen without a company and firearm manufacturing license, can they still put a serial?

Sure.

"Svetlana, 2015 A0001" would be fine. Lots of other things would also serve.

[lugnutwrench]

I have a couple of questions about "moving" back and forth to CA and guns that I couldn't find a clear answer on online:

1. Company manufactured gun originally bought in CA and registered, legally moved out with gun, then moved back, do we have to re-register in CA?

...

1 - no (What would be the point? It would already be in AFS associated with the owner.)
...

Is anyone aware of any legal authority that can be cited for the proposition that guns formerly purchased in CA by a CA resident don't have to be re-registered when that person moves away and then back to CA?

[readysetgo]

Is anyone aware of any legal authority that can be cited for the proposition that guns formerly purchased in CA by a CA resident don't have to be re-registered when that person moves away and then back to CA?

The definition of "personal firearms importer" Pen 17000 (a) (5) seems to support this position.

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. [snip]

So if you oppositely (word?) acquired that firearm INSIDE of California, you would not meet the definition and are not subject to the same requirements of a PFI.

[P5Ret]

Is anyone aware of any legal authority that can be cited for the proposition that guns formerly purchased in CA by a CA resident don't have to be re-registered when that person moves away and then back to CA?

Since the original purchase in Ca created a AFS record, and that is a permanent record, why create a duplicate record if you have to re-establish residency? The record is already there, you aren't required to change anything if you move. Never mind sending the state free money is something I try to avoid as best I can.

[lugnutwrench]

The definition of "personal firearms importer" Pen 17000 (a) (5) seems to support this position.



So if you oppositely (word?) acquired that firearm INSIDE of California, you would not meet the definition and are not subject to the same requirements of a PFI.

Thanks!

I think the rest of that section is also relevant. See http://www.calguns.net/calgunforum/s...php?p=17974714.