Moving back to California military

[americaneagle]

Hello all,

I was active duty Army stationed in Oklahoma then transitioned into the Guard within the same state. I am still considered as a California resident but I obtained my concealed carry license here and a handgun for over a year now. I am moving back to Orange County next year and will also be in the California National Guard. I was wondering if someone can direct me to the right place as far as purchasing my first AR. I would like to get one while i'm here in Oklahoma but I am not sure if I am even allowed to transfer my handgun and I know I can't transfer my concealed carry license. I tried clicking on some links here, but some of them are broken. Thank you in advance and nice meeting yall!

[Spanky8601]

Well welcome? back to California. As far as a handgun bring with you what you want..but no magazine over 10 rounds and no threaded barrel. Heck if you have some extra funds buy some really cool pistols and if you later decide to sell them in California to a private party you will not lose money.

As far as the AR..As I understand the current rules they cannot be brought into the state, unless the AR has been neutered. No flash suppressor, No pistol grip and no adjustable stock. If you fix those items you can bring it in.

[GlockN'Roll]

Well welcome? back to California. As far as a handgun bring with you what you want..but no magazine over 10 rounds and no threaded barrel.

Heck if you have some extra funds buy some really cool pistols

and if you later decide to sell them in California to a private party you will not lose money.

As far as the AR..

As I understand the current rules they cannot be brought into the state, unless the AR has been neutered.

No flash suppressor, No pistol grip and no adjustable stock.

If you fix those items you can bring it in.

This

Buy a couple of off-roster pistols to bring with you...

[Librarian]

Read the wiki article: http://wiki.calgunsfoundation.org/in..._with_firearms

As military separating in CA (it seems, what with joining the NG), you will need to register everything.

Hard to guess what the law will be in 2018 - but tentatively you would need a 'featureless' semiauto centerfire. Lots of info here on that.

[RickD427]

Well welcome? back to California. As far as a handgun bring with you what you want..but no magazine over 10 rounds and no threaded barrel. Heck if you have some extra funds buy some really cool pistols and if you later decide to sell them in California to a private party you will not lose money.

As far as the AR..As I understand the current rules they cannot be brought into the state, unless the AR has been neutered. No flash suppressor, No pistol grip and no adjustable stock. If you fix those items you can bring it in.

This

Buy a couple of off-roster pistols to bring with you...

This only works for weapons that you acquired prior to 2015. If you follow the above advice, concerning a handgun acquired after 2015, you would be committing a felony, and doing of good job of documenting the felony (please refer to Penal Code section 27590) through your registration process.

Please make sure that you understand the very different importation processes established by Penal Code sections 27560 and 27585. You can get into a lot of trouble if you don't get the difference.

Penal Code section 27560 establishes the importation process for new residents. It's pretty painless. You just need to ensure that your weapon is in a California legal configuration. The roster doesn't apply. All you need to do is mail in the registration form and pay $19.00.

Penal Code section 27585 establishes the importation process for existing residents. For weapons acquired after 1-1-2015, you must ship your weapons to a California FFL who will release them to you in California. You cannot bring them in yourself. Handguns must be on the roster. Violation in the case of a long gun is a misdemeanor, violation involving a handgun is a felony.

[BAJ475]

This only works for weapons that you acquired prior to 2015. If you follow the above advice, concerning a handgun acquired after 2015, you would be committing a felony, and doing of good job of documenting the felony (please refer to Penal Code section 27590) through your registration process.

Please make sure that you understand the very different importation processes established by Penal Code sections 27560 and 27585. You can get into a lot of trouble if you don't get the difference.

Penal Code section 27560 establishes the importation process for new residents. It's pretty painless. You just need to ensure that your weapon is in a California legal configuration. The roster doesn't apply. All you need to do is mail in the registration form and pay $19.00.

Penal Code section 27585 establishes the importation process for existing residents. For weapons acquired after 1-1-2015, you must ship your weapons to a California FFL who will release them to you in California. You cannot bring them in yourself. Handguns must be on the roster. Violation in the case of a long gun is a misdemeanor, violation involving a handgun is a felony.

Question: Would this still be correct if he becomes an Oklahoma resident at this time (2017) based on living there, ie DL, register to vote, register all vehicles, pay Oklahoma state income taxes as a resident, ect. and them move to California sometime in 2018? Would it make a difference if he owns property in California.

[RickD427]

Question: Would this still be correct if he becomes an Oklahoma resident at this time (2017) based on living there, ie DL, register to vote, register all vehicles, pay Oklahoma state income taxes as a resident, ect. and them move to California sometime in 2018? Would it make a difference if he owns property in California.

"Residency" is a very complex issue, particularly with regard to firearms. It's not necessarily the same as residency for tax purposes.

One of our lawyer members summarized it best with the comment "Residency is determined, it is not selected."

IANAL, my comments are made as a retired LEO. For the purposes of California criminal law, the definition of residency contained in Penal Code section 17000(b)(1) would govern. That would make all of the Oklahoma stuff pretty much irrelevant. If he had a place to call home, and an intent to return to California, as contained in his original posting, then California is probably going to consider him as a resident for the purposes of 27585 PC. There is no requirement to own property in California for the definition of residency to attach.

[americaneagle]

I am a cali resident and also considered as oklahoma resident since i am on orders to live here. i have california license and vehicle etc. i have a g23 g4 which i found out is now illegal over there so i'll have to figure out about that one as well. thank you all for pointing me to the right direction. i at least have an idea now.

[iropem]

Thank you for your active duty service and your decision to serve with the National Guard! Have you considered another state? So many of us who love freedom want to get out of this state but can't for a variety of reasons. Crazy taxes, regulations, and being controlled by a cabal of hard left loons would cause me to pause if I was thinking about relocating here and consider alternatives.

[Librarian]

I. i have a g23 g4 which i found out is now illegal

No, it is not illegal - it's fine for police to buy, it's fine to move here with it, and once it is legally in CA, it's fine for one CA resident to sell it, through a CA FFL, to another CA resident.

The Roster only applies to transfer through an FFL and to whom that FFL may complete such a transfer.

[raw-knee]

I am in the same situation. I am a California resident (home of record) but I am stationed in Hawaii which makes me a resident of this state by military orders. I will be PCSing back to California in 6 months and taking legally acquired off roster handguns with me. According to the CA DOJ, new residents must register their firearms within 60 days. Am I required to register my off roster handguns when I return to California on military orders? I am still considered a resident of CA and simply returning. And will they have to be CA compliant? I already have 10 round mags for them?

[Quiet]

I am in the same situation. I am a California resident (home of record) but I am stationed in Hawaii which makes me a resident of this state by military orders. I will be PCSing back to California in 6 months and taking legally acquired off roster handguns with me. According to the CA DOJ, new residents must register their firearms within 60 days. Am I required to register my off roster handguns when I return to California on military orders? I am still considered a resident of CA and simply returning. And will they have to be CA compliant? I already have 10 round mags for them?

AFAIK...

If you are on active duty with orders for CA, then you are not required to register any firearms you bring to CA, because you have not yet established CA residency. [PC 17000(b)(2)]

If you are not active duty or do not have orders for CA, then you are required to register all the firearms you bring to CA, because you are considered a new resident of CA (HI resident to CA resident). [PC 27560]

Firearms need to be CA legal (no assault weapons, DD, MG, SBR, SBS, etc). [PC 17000(a)(10),(11),(12),(14),(15)]

[raw-knee]

Thanks for the clarification. I guess I'll end up having to register it when I get out/ if I get out since I'll probably settle down in Cali.

[RickD427]

I am in the same situation. I am a California resident (home of record) but I am stationed in Hawaii which makes me a resident of this state by military orders. I will be PCSing back to California in 6 months and taking legally acquired off roster handguns with me. According to the CA DOJ, new residents must register their firearms within 60 days. Am I required to register my off roster handguns when I return to California on military orders? I am still considered a resident of CA and simply returning. And will they have to be CA compliant? I already have 10 round mags for them?

Please go back and check out Post #5.

In your case, the question of whether California (and irrespective of the federal or military view on the issue) considers you a resident while stationed in Hawaii makes a lot of difference. California takes an extremely expansive view of "resident".

If the answer is "No", then bring in your weapons and do the "New Resident" registration under PC 27560. Your off-roster weapons are OK, so long as they are in a legal configuration.

But if the answer is "Yes", and you do the 27560 process instead of the 27585 process, you would be committing a felony if it involved a handgun purchased after 2015. And you would be creating some solid evidence for the prosecution by documenting the evidence for them.

[Movin&Shakin]

I am continually appalled that minor gun rule violations like this are FELONIES.