Cal gun law advice.

[Clickjack]

[CAL.BAR]

This is actually an extremely complicated and involved question which will depend on what Firearms what configuration and what your residency may be. Obviously assault weapons or rifles configured so as to be considered by California to be an assault weapon are a no-go also if you're considered to be a California resident at least by the doj importing off roster pistols is a no-go as well.

[edgerly779]

Cannot maintain residency in 2 states. Either ca or texas. Where do you pay taxes, reside. cannot buy in texas and bring here unless you become resident by law here.. Must go thru ffl here. Lots of posts on this.

[Librarian]

Just picking on this aspect.

What if I buy a gun while I’m in Texas does it have to stay in TX or can I bring it back and register it when I’m in Ca again?

... also if you're considered to be a California resident at least by the doj importing off roster pistols is a no-go as well.

That situation sounds like the one anticipated in PC 27585

27585.

(a) Commencing January 1, 2015, a resident of this state

shall not import into this state, bring into this state, or transport into this state,

any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state

unless

he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

If you are a CA resident, perhaps there is some set of facts whereby TX also considers you a resident. That PC says 'if you somehow get a gun outside of CA, you must send [NOT carry or self-transport] it to a CA FFL to be transferred to you (AGAIN, using CA procedures)'. If you are not exempt from the Roster (other variants possible, but not at issue here), that CA FFL is not legally able to transfer an off-Roster handgun to you.

[mrdd]

Cannot maintain residency in 2 states. Either ca or texas. Where do you pay taxes, reside. cannot buy in texas and bring here unless you become resident by law here.. Must go thru ffl here. Lots of posts on this.

This goes against my understanding. If you maintain homes in more than one state, you can purchase firearms in whatever state you are living in at a given time.

[Spaffo]

[Clickjack]

This goes against my understanding. If you maintain homes in more than one state, you can purchase firearms in whatever state you are living in at a given time.

[Librarian]

Right.

And the rules for residency vary by state; we get this multi-state-residency discussion about once per year, and the real answer, the one that one may rely upon, is

'hire your own lawyer and let him/her analyze the facts in your particular case.'

We of the Keyboard Commando Brigade are mostly not lawyers, and certainly not your lawyer, and discussing the situation on an internet 'board is just not going to get anywhere useful.

ETA related discussion in this sticky thread - http://www.calguns.net/calgunforum/s...d.php?t=503873

[RickD427]

This goes against my understanding. If you maintain homes in more than one state, you can purchase firearms in whatever state you are living in at a given time.

Your understanding is pretty much correct. Federal law (18 USC 921) requires you to be physically present in a state in order to be a resident, but the examples of residency contained in 27 CFR 478.11 make clear that you can change your residency as quickly as you can travel between states in which you maintain home(s). But also look to 27 CFR 478.11 to make clear that you must maintain a home in the state. Simply owning property is not the same.

The danger for folks is with California law. While the federal law does not recognize "Dual Residency" (because of the requirement to be present in the state), California law does allow folks to be a California resident while also being a resident of a different state (refer to Penal Code section 17000 which adopts the definition contained in Vehicle Code section 12505 which includes folks who have their primary residence in California and are absent from the state with an intent to return).

The upshot is that if you have your primary home in California and a secondary home in Texas. The federal law considers you as a Texas resident while at your home in Texas. That allows you to lawfully purchase handguns in Texas during that time (assuming no Texas law to the contrary). However California will consider you a resident the entire time. That makes Penal Code section 27585 applicable if you bring a Texas purchased handgun home with you. If you import the handgun yourself, it's a felony. The requirement is for you to ship the handgun to a California FFL who then releases it to you in California and the roster then applies.

[Spaffo]

Great concise explanation, Rick, as always.

[CAL.BAR]

This goes against my understanding. If you maintain homes in more than one state, you can purchase firearms in whatever state you are living in at a given time.

Please see PC 27585 as quoted above. There is NO mention of dual residences as an exception to the law. IF you are deemed to be a CA resident, you CANNOT import guns you buy somewhere else.

[CAL.BAR]

So.... once again OP you ask what APPEARS to be a simple and innocent question and we have to throw you into the bramble that is CA firearms law.

[CAL.BAR]

FED LAW = correct. STATE LAW = ILLEGAL.

[mrdd]

Please see PC 27585 as quoted above. There is NO mention of dual residences as an exception to the law. IF you are deemed to be a CA resident, you CANNOT import guns you buy somewhere else.

I never said anything about importing them into California. I am aware of that law.

[Spaffo]

If you leave the firearms in the other state at your residence there, California has no standing.