can miitary stationed in ca sell off roster handgun they brought with them

[HOGDOG1955]

can a active duty military person who is in california on orders legally sell an off roster handgun to a ca citizen. they brought the gun with them when they got stationed here. i know they can buy guns while here but today we were told they cant sell off roster handguns thru private party transfer.

[morrcarr67]

can a active duty military person who is in california on orders legally sell an off roster handgun to a ca citizen. they brought the gun with them when they got stationed here. i know they can buy guns while here but today we were told they cant sell off roster handguns thru private party transfer.

Yes they can. Go find a different store to do the transfer. Where are you located, someone can point you to a better store.

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[HOGDOG1955]

im outside salinas.

[Oceanbob]

[hermosabeach]

Tagged-

I have friends here with the military.... they Don't pay CA income taxes, they don't register their cars in CA.

They are in California on Orders. They Legally are residents of a state with no income tax and cheap car registration.


I don't know how being in CA on orders impacts guns and ammo

[sfe187]

Was it Turners Salinas ya'll went?

[Wheellock]

Are they residents of CA or the states from which they came?

[M1NM]

Are they residents of CA or the states from which they came?

Their orders make them a resident of whatever state they are assigned to.
Take them along.

[Librarian]

Their orders make them a resident of whatever state they are assigned to.
Take them along.

For purposes of gun-related matters, that's right. Note also that the Federal and State laws governing residence-for-guns specify the member only - dependents are not included.

Other things - where one votes, where one pays taxes, where one registers vehicles - are covered by different law - see https://myarmybenefits.us.army.mil/B...lief-Act-(SCRA)

Over the years, some .mil have thought Servicemembers' Civil Relief Act of 2003 (SCRA) also applied to gun things, but that is incorrect.

[ldsnet]

Are they residents of CA or the states from which they came?

Active military are sory-of dual residents. They retain their permanent home of record, and as long as they are on Duty Orders, federal law allows them to buy and sell as a resident of their duty station state.

[HOGDOG1955]

Was it Turners Salinas ya'll went?

yes it was turners salinas after they called corporate. and then i called a buddy who asked his ffl he uses all the time and they said no also

[HOGDOG1955]

Are they residents of CA or the states from which they came?

resident of another state.

[HOGDOG1955]

For purposes of gun-related matters, that's right. Note also that the Federal and State laws governing residence-for-guns specify the member only - dependents are not included.

Other things - where one votes, where one pays taxes, where one registers vehicles - are covered by different law - see https://myarmybenefits.us.army.mil/B...lief-Act-(SCRA)

Over the years, some .mil have thought Servicemembers' Civil Relief Act of 2003 (SCRA) also applied to gun things, but that is incorrect.

thank you. i was hoping you would chime in on this. so are you saying the guy can sell me his handgun thru ppt? if so i just need to find an ffl who will do it? turners and the other ffl i tried both said he couldnt sell firearms in california, only buy them. and yes he had his orders with him. they said to do a ppt he needed a california id.but they said he could do a ppt wit another active duty military.

[HOGDOG1955]

the roster isnt the issue really. its that the seller isnt a california resident. hes a resident of another state and here on orders.

[Librarian]

thank you. i was hoping you would chime in on this. so are you saying the guy can sell me his handgun thru ppt? if so i just need to find an ffl who will do it? turners and the other ffl i tried both said he couldnt sell firearms in california, only buy them. and yes he had his orders with him. they said to do a ppt he needed a california id.but they said he could do a ppt wit another active duty military.

Both FFLs were wrong on the point.

PC 26845 -

ARTICLE 2. Grounds for Forfeiture of License [26800 - 26915] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

26845.

(a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident.

(b) Satisfactory documentation shall include
a utility bill from within the last three months,

a residential lease,

a property deed, or

military permanent duty station orders indicating assignment within this state, or

other evidence of residency as permitted by the Department of Justice.

(c) The firearms dealer shall retain a photocopy of the documentation as proof of compliance with this requirement.

Residency to buy is exactly the same as residency to sell PPT.

ETA nowhere in PC or CCR does it actually say the seller must be a CA resident; that seems to be an artifact of the way the DROS software is implemented. See PCC - https://leginfo.legislature.ca.gov/f...er=5.&article=

ETA2 Federal law 18 USC 922(b)

(b) For the purposes of this chapter, a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.

There is a comparable bit of CA code but it eludes me just now.