Extended stay in CA with handguns

[CmpsdNoMore]

My wife and I are planning on being in California for 3 - 6 months for work but will be keeping our residency in Wisconsin.

I found the info saying that when becoming a California resident you need to register your handguns within 60 days, but I couldn't determine if that also applies to people visiting for more than 60 days.

I already have a couple of 10 round magazines and will be leaving the (CA named) "high-capacity" magazines in Wisconsin along with a few rifles that I cannot bring into the state.

Any help would be greatly appreciated.

[Quiet]

As long as you do not establish residency in CA, you are not required to register any of the firearms you bring with you to CA.

Once you establish residency in CA, you have 60 days to register all the firearms you brought with you to CA. [PC 27560]

Examples of establishing residency can be seen as doing any of the following:
A. Obtaining a CA DL/ID.
B. Registering to vote in CA.
C. Buying property in CA.
D. Enrolling your children in the CA school system.
E. Getting a job from a CA based employer to work in CA.
F. Paying CA income tax.
G. Obtain CA medical insurance/coverage.

Firearms need to be CA legal (can not be considered an assault weapon or generally prohibited weapon) and can not include any large capacity magazines or large capacity magazine parts kits.

[M1NM]

As long as you do not establish residency in CA, you are not required to register any of the firearms you bring with you to CA.

Once you establish residency in CA, you have 60 days to register all the firearms you brought with you to CA. [PC 27560]

Examples of establishing residency can be seen as doing any of the following:
A. Obtaining a CA DL/ID.
B. Registering to vote in CA.
C. Buying property in CA.
D. Enrolling your children in the CA school system.
E. Getting a job from a CA based employer to work in CA.
F. Paying CA income tax.
G. Obtain CA medical insurance/coverage.

Firearms need to be CA legal (can not be considered an assault weapon or generally prohibited weapon) and can not include any large capacity magazines or large capacity magazine parts kits.

I thought if you moved to reside or visited here you could bring off roster handguns but not AW - unless you are taking AW to and from an organized event/contest?

[Quiet]

I thought if you moved to reside or visited here you could bring off roster handguns but not AW - unless you are taking AW to and from an organized event/contest?

Being on the Roster of Handguns Certified for Sale has no bearing on if the handgun is CA legal to possess in CA.

CA legal means it can not be defined under CA laws as one of the following:
01. Assault Weapon. [PC 30510, 30515(a), & 30710]
02. .50BMG Rifle. [PC 30530]
03. Destructive Device. [PC 16460]
04. Machine Gun. [PC 16880]
05. Camouflaging Firearm Container. [PC 16320]
06. Cane Gun. [PC 16330]
07. Unrecognizable Firearm. [PC 24510]
08. Short Barrel Rifle. [PC 17170]
09. Short Barrel Shotgun. [PC 17180]
10. Unconventional Pistol. [PC 17270]
11. Undetectable Firearm. [PC 17280]
12. Wallet Gun. [PC 17330]
13. Zip Gun. [PC 17360]
14. Silencer. [PC 17210]

[CmpsdNoMore]

As long as you do not establish residency in CA, you are not required to register any of the firearms you bring with you to CA.

Once you establish residency in CA, you have 60 days to register all the firearms you brought with you to CA. [PC 27560]

Examples of establishing residency can be seen as doing any of the following:
E. Getting a job from a CA based employer to work in CA.
F. Paying CA income tax.

I didn't find the residency examples when i searched PC 27560 earlier, but these two will come into play since we will be looking for jobs to work through the summer.

The two pistols I have are legal to bring into the state and I don't mind registering them if I have to, but I wasn't exactly sure.

Thanks for the replies!

[Quiet]

I didn't find the residency examples when i searched PC 27560 earlier, but these two will come into play since we will be looking for jobs to work through the summer.

PC 27560 uses the term "personal firearm importer".

PC 17000 defines what a "personal firearm importer" is and uses VC 12505 to determine residency. [PC 17000(b)(1)]

CA DMV has used these examples ("Getting a job from a CA based employer to work in CA and Paying CA income tax.") as meeting the requirements for VC 12505(a)(1)(D).

Note that "getting a job from a CA based employer to work in CA" is different than your out-of-state employer sending you to work in CA for a temporary time period.


Penal Code 17000
(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.

Vehicle Code 12505
(a)(1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. “State of domicile” means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.
Prima facie evidence of residency for driver’s licensing purposes includes, but is not limited to, the following:
(A) Address where registered to vote.
(B) Payment of resident tuition at a public institution of higher education.
(C) Filing a homeowner’s property tax exemption.
(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
(2) California residency is required of a person in order to be issued a commercial driver’s license under this code.
(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee’s primary residence is in another state.
(c) Any person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed 10 days from the date he or she establishes residence in this state, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department.
(d) If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial driver’s license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies:
(1) An existing commercial driver’s license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date.
(2) A person who is a resident of this state may obtain a nondomiciled commercial learner’s permit or commercial driver’s license from any state that elects to issue a nondomiciled commercial learner’s permit or commercial driver’s license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.
(3) For the purposes of this subdivision, a nondomiciled commercial learner’s permit or commercial driver’s license is a commercial learner’s permit or commercial driver’s license issued by a state to an individual domiciled in a foreign country or in another state.
(e) The department may issue a nondomiciled commercial learner’s permit or nondomiciled commercial driver’s license to a person who is domiciled in a state or jurisdiction that has been decertified by the federal government or not determined to be in compliance with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.
(f) Subject to Section 12504, a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver’s license issued to him or her by any other foreign jurisdiction may operate a motor vehicle in this state without obtaining a license from the department, unless the department determines that the foreign jurisdiction does not meet the licensing standards imposed by this code.
(g) A person who is 18 years of age or older and in possession of a valid commercial learner’s permit or commercial driver’s license issued by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign jurisdiction that meets the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall be granted reciprocity to operate vehicles of the appropriate class on the highways of this state.
(h) Any person from a foreign jurisdiction that does not meet the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall obtain a commercial learner’s permit or commercial driver’s license from the department before operating on the highways a motor vehicle for which a commercial driver’s license is required, as described in Section 12804.9. The medical examination form required for issuance of a commercial driver’s license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency.
(i) This section does not authorize the employment of a person in violation of Section 12515.

[broadside]

My dad brings his pistols from WI all the time. He just leaves his 10+ mags at home.

[icefire]

One thing to remember is Ca requires anyone in Ca over 30 days to get a Ca drivers license. This may end up establishing residency. Look at the Ca DMV site..

[jeremiah12]

There are multiple laws to consider. If you are in CA for work, CA will consider you a resident for the purposes of income taxes and the DMV. You will have to smog and register your vehicles with the DMV. The state will withhold CA income tax and expect you file an income tax return. I suggest you hire a person who understands the tax law to file your CA income taxes.

For WI, you also are subject to their laws. You cannot just declare I am a resident of this state even though I am currently living and working in another. It is dependent on the laws of the states. CA is strict and will make sure they get their money.

BTW, if you do not register your vehicle in CA and get caught, it will be very costly. My brother found this out. He had a home outside of CA and bought and registered a truck in that state. He drove it in CA most of the time where his primary job was (9 months out of the year). He was caught after 4 years. Fines and back fees and taxes were around $10,000. He had to sell the truck to pay for it.

As for registering guns, since you are coming from out-of-state, you can bring off-roster guns with you. You would need to talk to a CA gun attorney about the need to register them. If you want to play it safe, register them as a new CA resident, it costs $19 to register all of your guns at one time (not $19 per gun) and can be done online.

Or, you can get a CA ID or DL, and while in CA buy a gun, allowed by the ATF, and then sell that gun when leaving if you are worried about having a gun that the government knows is registered to you.

[Chewy65]

Some will suggest that you bring with you some off roster guns to sell if you file as a new resident. I believe you will find that you are limited by CA law to less than 6 transactions per year and that you can sell more than one per transaction to another CA resident in what is called a "Private Party Transaction" or a "PPT".