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Moved out of state and now I am back

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  • Erik16
    CGN/CGSSA Contributor
    CGN Contributor
    • Dec 2012
    • 421

    Moved out of state and now I am back

    NRA Life Member
  • #2
    Chewy65
    Calguns Addict
    • Dec 2013
    • 5041

    The anwer depends on whether or not you remained a resident of this state while you lived in Maine. If you did, you may have a serious, spelled felony, problem with a violation of Penal Code section 27585. That depends on whether you imported those handguns into the state by using a FFL. You actually don't admit to bringing any into to state. It would only be a misdemeanor for rifles.

    I suggest you use the search function and take a deep look into Penal Code section 17000 and Vehicle Code section 12505.

    That you were out of the state for 4 years and returned in September could indicate that you were out of state for undergraduate school and are now returning to CA; that suggests that you always intended to return home to CA, which tends to be evidence of a continuing residency. If so, the argument goes that you violated 27585.

    I am not of that belief, but don't bank on the court's buying my argument, which is that such a student and others returning qualify as persons moving to the state as residents, whether or not they always had remained residents. They are still moving to the state as residents. However, agents of the state may taket the postion that PC 17000 only pertains to "new" residents. If not brand spanking new, old ones who broke all ties with the state and are now returning to it as "new" residents.

    If you are a returning student, I wouldn't admit it on a public message board such as Calguns.com, whicih is known to be monitored by the DOJ. I suggest you get a experience firearms attorney from whom to seek confidential legal advice
    Last edited by Chewy65; 09-13-2022, 1:16 PM.

    Comment

    • #3
      Wheellock
      Senior Member
      • Dec 2019
      • 1112

      My non-lawyer speculation is the CA DOJ will want everything. You will be at new address, I presume, so they will want to amend the registration of the long guns to your new address.

      Comment

      • #4
        Erik16
        CGN/CGSSA Contributor
        CGN Contributor
        • Dec 2012
        • 421

        Originally posted by Chewy65
        The anwer depends on whether or not you remained a resident of this state while you lived in Maine. If you did, you may have a serious, spelled felony, problem with a violation of Penal Code section 27585. That depends on whether you imported those handguns into the state by using a FFL. You actually don't admit to bringing any into to state. It would only be a misdemeanor for rifles.

        I suggest you use the search function and take a deep look into Penal Code section 17000 and Vehicle Code section 12505.

        That you were out of the state for 4 years and returned in September could indicate that you were out of state for undergraduate school and are now returning to CA; that suggests that you always intended to return home to CA, which tends to be evidence of a continuing residency. If so, the argument goes that you violated 27585.

        I am not of that belief, but don't bank on the court's buying my argument, which is that such a student and others returning qualify as persons moving to the state as residents, whether or not they always had remained residents. They are still moving to the state as residents. However, agents of the state may taket the postion that PC 17000 only pertains to "new" residents. If not brand spanking new, old ones who broke all ties with the state and are now returning to it as "new" residents.

        If you are a returning student, I wouldn't admit it on a public message board such as Calguns.com, whicih is known to be monitored by the DOJ. I suggest you get a experience firearms attorney from whom to seek confidential legal advice
        When I moved it was supposed to be for good. I sold my house in CA and I bought a house, paid taxes, and worked in Maine. My wife passed away a year ago and my daughter and I decided to move back here. There is nothing funny going on.
        NRA Life Member

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44637

          Since nothing ever gets UNregistered, presume the State already knows about them; if you have any pre-2014 long gun purchases, probably should register those.

          Otherwise, register the ones you bought while living out of CA. New Resident form or through CFARS.
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

          Comment

          • #6
            Chewy65
            Calguns Addict
            • Dec 2013
            • 5041

            Originally posted by Erik16
            When I moved it was supposed to be for good. I sold my house in CA and I bought a house, paid taxes, and worked in Maine. My wife passed away a year ago and my daughter and I decided to move back here. There is nothing funny going on.
            I am sorry to hear of your wife's passing. I didn't mean to sugest that you were trying anything funny, but a lot of young folk who go to school out of state don't realize that the the state might take the position that they remained CA residents while off at school.

            Comment

            • #7
              Erik16
              CGN/CGSSA Contributor
              CGN Contributor
              • Dec 2012
              • 421

              Originally posted by Chewy65
              I am sorry to hear of your wife's passing. I didn't mean to sugest that you were trying anything funny, but a lot of young folk who go to school out of state don't realize that the the state might take the position that they remained CA residents while off at school.
              It's all good, no offense taken.
              NRA Life Member

              Comment

              • #8
                BillyMays
                Member
                • May 2019
                • 330

                Originally posted by Chewy65
                ... a lot of young folk who go to school out of state don't realize that the the state might take the position that they remained CA residents while off at school.
                I certainly didn't realize this, thanks for the info. That is absolutely nuts!

                Comment

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