Back in CA Info please

[magtf388]

Looking for sound info Please:

Was out of California for a few years because of a contract Job. Ret in 2017 and now in 2022 the rules for what can be sold, sold legally, in CA may or may not have changed. Could you provide what good info you can on;

Selling hi cap mags that lived in CA while gone and now may not be needed as I down size a small collection.

Selling "Off Roster" pistols that are also going to be moved along?

Selling stripped AR uppers/lowers that lived in CA while gone?

What say all of you about the legal way to do this???

Thanks

[Glock21sfsd]

I am not expert but I think selling the Magazines in CA is a no go, except if you sell them t a dealer with a permit. I would say sell he out of state.

[Quiet]

Selling hi cap mags that lived in CA while gone and now may not be needed as I down size a small collection.

I am not expert but I think selling the Magazines in CA is a no go, except if you sell them t a dealer with a permit. I would say sell he out of state.

It is illegal (felony) to advertise for sale or transfer large capacity magazines while in CA. [PC 32310(a)]
^Exemptions to this for a FFL with a valid CA DOJ BOF large capacity magazine permit and the transfer is to exempt persons.

It is illegal (misdemeanor) to advertise for sale or transfer large capacity magazine parts kits while in CA. [PC 32311(a)]

It is legal to transport your legally possessed large capacity magazine to another State and, while in that State, to advertise for sale and transfer those large capacity magazines.
^Once outside of CA, it is illegal (felony) to bring those large capacity magazines back to CA. The only legal method to bring those magazines back to CA is to permanently alter them into 10 or less round magazines prior to returning to CA.

It is legal to permanently alter large capacity magazine into 10 or less round magazines, then advertise them for sale and transfer them in CA.

[Quiet]

Selling "Off Roster" pistols that are also going to be moved along?

Selling stripped AR uppers/lowers that lived in CA while gone?

If you are a CA resident and the off-Roster handguns you intent to sell remained in CA while you were out-of-state, then you can legally transfer those off-Roster handguns via PPT.

PPT = in-person private party transfer between CA residents that is facilitated by a CA FFL dealer.
~If one of the parties involved is a non-resident of CA, then the transfer is not a PPT.
~If the firearm is shipped, then the transfer is not a PPT.

If the transfer is not a PPT, then the handgun must be listed on-Roster or the transfer must be to an exempt person (LEO, etc).

[Garv]

Did you completely exit out of CA when you left?

No CA property, income, etc.

[Quiet]

Was out of California for a few years because of a contract Job. Ret in 2017 and now in 2022 the rules for what can be sold, sold legally, in CA may or may not have changed. Could you provide what good info you can on;

Selling "Off Roster" pistols that are also going to be moved along?

Did you completely exit out of CA when you left?

No CA property, income, etc.

If you maintained your CA residency while you were out-of-state*, then it is illegal for you to bring any firearms you acquired while out-of-state into CA, unless they were shipped to a CA FFL dealer, who then transferred them to you. [PC 27585(a)]

Failure to utilize a CA FFL dealer to import firearms, acquired outside of CA, into CA equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)].

The CA DROS system does not allow non-exempt off-Roster handguns to be imported into CA by a CA resident.
~Exempt off-Roster handguns = LEO, C&R, OTP, SAE, SSE2.

*Examples of maintaining your CA residency...
A. Having a valid CA DL/ID.
B. Having a valid active duty Mil ID with permanent orders for CA.
C. Being registered to vote in CA.
D. Renting or owning any property in CA.
E. Being employed in CA.
F. Having vehicles registered in CA.
G. Having children enrolled in a CA K-12 school.
H. Paying any type of insurance in CA.

[Chewy65]

If you maintained your CA residency while you were out-of-state*, then it is illegal for you to bring any firearms you acquired while out-of-state into CA, unless they were shipped to a CA FFL dealer, who then transferred them to you. [PC 27585(a)]

Failure to utilize a CA FFL dealer to import firearms, acquired outside of CA, into CA equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)].

The CA DROS system does not allow non-exempt off-Roster handguns to be imported into CA by a CA resident.
~Exempt off-Roster handguns = LEO, C&R, OTP, SAE, SSE2.

*Examples of maintaining your CA residency...
A. Having a valid CA DL/ID.
B. Having a valid active duty Mil ID with permanent orders for CA. How does that square with CPC 17000 (b)(2) and its verbage re residency being determined when one is discharged in the state? For the purpose of purchasing or selling, I believe one is treated as a resident, but for purpose of California's law regulating importation by a resident?
C. Being registered to vote in CA.
D. Renting or owning any property in CA.
E. Being employed in CA.
F. Having vehicles registered in CA.
G. Having children enrolled in a CA K-12 school.
H. Paying any type of insurance in CA.

While the items you list could very well raise a presumption of residency for purposes of CPC 17000, and most, as do I, believe the same presumption borrowed from the Vehicle Code woulld apply whenever a question arises regarding firearms and residency, unless other sections expressly provide other means for determining residency, we are still talking about a rebuttable presumption. I believe key to the application or rebuttle of that presumption is whther or not the individual "manifested the intention of returning whenever he or she is absent". Vehicle Code 12505. The key is what is "manifested" by objective facts such as listed by Quiet.