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

[RickD427]

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.

While they may be "Sorta Dual Residents" for the application of many other laws, the federal law defines them as being residents of California, only California, and not of their home of record state. Please refer to 18 USC 921(b).

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

resident of another state.

California law does not clearly define their status. Penal Code section 17000(b)(1) applies a series of tests to determine if a person is a California resident (for purposes of California's firearms laws). Being on active duty in the state does not mandate any particular outcome of the test. Penal Code section 17000(b)(2) makes it clear that a military member discharged in California is a California resident, but that statute doesn't address the member's status while in active service.

However, federal law does very clearly provide that they are California residents (please see above).

[sfe187]

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

Yeah you just have to find an FFL that have a well understand of CA gun laws. Bill in Turner's Corporate Compliance usually is pretty good at understanding CA gun laws, but I don't know if your situation ever reached him. If you're willing to travel further out (Bay area), more options there. Good luck.

[HOGDOG1955]

Both FFLs were wrong on the point.

PC 26845 -
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=

thank you, now to find an ffl here that understands it.

[HOGDOG1955]

Yeah you just have to find an FFL that have a well understand of CA gun laws. Bill in Turner's Corporate Compliance usually is pretty good at understanding CA gun laws, but I don't know if your situation ever reached him. If you're willing to travel further out (Bay area), more options there. Good luck.

thank you. ill give the district guy a call as i have dealt with him alot. and i dont think the guy will go from monterey to the bay area.

[Dvrjon]

They don't know how to run the military information through the DROS (DES).

From the CA OAG DES Application – Firearms Dealership User Guide, Page 38:

ENTERING PURCHASER AND SELLER INFORMATION
All DROS transaction types require the entry of purchaser information. Seller information is only required on the following transaction types:
 Private Party Handgun Transfer
 Handgun Loan
 Private Party Long Gun Transfer
 Long Gun Loan
Purchaser and seller information will be captured by swiping the California Driver’s License or Identification card through a magnetic card swipe reader. Any missing or incorrect information will be keyed directly into the appropriate fields.

Page 39:

To Enter Purchaser or Seller Information:
1) Swipe the driver’s license or identification card through the magnetic card swipe reader.
2) Click on the Submit button in the Swipe CA Driver’s License or ID Card area (see Figure 9.1).

{Figure 9.1, Submit Driver’s License Information}

3) Verify that the data displays correctly. Note: If the information will not scan, you must manually enter the information.
4) Correct information as necessary.
5) Complete all applicable fields, including Firearms Eligibility Questions 1 - 4.

Page 41:

Private Party Handgun Transfer
Select the Private Party Handgun Transfer transaction type when the individual selling or
transferring a handgun is not a firearms dealer.
To submit a Private Party Handgun Transfer transaction:
1) From the Main Menu page, select the Submit DROS link. The Select Transaction Type page will display.
2) Select the Private Party Handgun Transfer link. The Submit Private Party Handgun Transfer form will display.
3) Enter the Purchaser and Seller Information (see Entering Purchaser and Seller Information above).

They are either incompetent, ignorant, or avoiding the PPT.

I'm sure they would tell you they need the CA DL or CA ID, but the instructions above, and the law, don't support that.

I'm also sure they would be able to figure it out and enter the military information of a buyer purchasing a gun from them.

[morrcarr67]

They don't know how to run the military information through the DROS (DES).

From the , Page 38:Page 39:Page 41:They are either incompetent, ignorant, or avoiding the PPT.

I'm sure they would tell you they need the CA DL or CA ID, but the instructions above, and the law, don't support that.

I'm also sure they would be able to figure it out and enter the military information of a buyer purchasing a gun from them.

What an excellent post.

[HOGDOG1955]

i put in a call to turners district manager and he got right back to me. i told him my story and he said ill call you back in 5 minutes . he called right back and said it was ok to do and he was going to instruct the guys at the salinas store how to do it . now waiting on the guy with the pistol to call me back,lol.

[mooner760HD]

I bought a G19 from a guy stationed at 29 palms so I say yes you can.

[Dvrjon]

i put in a call to turners district manager and he got right back to me. i told him my story and he said ill call you back in 5 minutes . he called right back and said it was ok to do and he was going to instruct the guys at the salinas store how to do it . now waiting on the guy with the pistol to call me back,lol.

Instructions: RTFM!

[sfe187]

Glad the regional went to bat for ya. I wonder if he is the same guy in charge of Rocklin Sac and Stockton as well, i forgot his name.

[HOGDOG1955]

Glad the regional went to bat for ya. I wonder if he is the same guy in charge of Rocklin Sac and Stockton as well, i forgot his name.

same guy. good guy to deal with. so i get the ok to do the ppt at turners and the seller calls me and tells me that his wife said he cant sell the gun as its her favorite gun they brought with them. so now the 5 or more year search to obtain this gun goes on,lmao.

[M1NM]

same guy. good guy to deal with. so i get the ok to do the ppt at turners and the seller calls me and tells me that his wife said he cant sell the gun as its her favorite gun they brought with them. so now the 5 or more year search to obtain this gun goes on,lmao.

Maybe he'll sell it to you when he gets stationed to a free state where he can buy a new one for less $.

[sfe187]

same guy. good guy to deal with. so i get the ok to do the ppt at turners and the seller calls me and tells me that his wife said he cant sell the gun as its her favorite gun they brought with them. so now the 5 or more year search to obtain this gun goes on,lmao.

Damn after all that and the . . . . wife?lol

At least next time you're GTG with a military transaction. A family member was station there for a short while, some kinda of intel, security, reconnaissance school at Monterey facility.

[Librarian]

Damn after all that and the . . . . wife?lol

At least next time you're GTG with a military transaction. A family member was station there for a short while, some kinda of intel, security , reconnaissance school at Monterey facility.

School is likely not Permanent Change of Station (PCS) so probably does not work

[Chewy65]

Waarning

If they brought the guns "with them" when they moved to CA is one thing, that may not be the same if they came to thye state on PCS and later brought in off roster guns from that other state.