Are active duty exempt from registering handguns?

[Zequa]

I know there are forum posts that cover this topic, but I can't seem to find a clear answer on this grey area or have heard of anyone who has done it. I have seen posts that say AD is exempt from registration, but I have also read posts that argue that.

I am a CA resident, hold DL and Car registration and voting rights. I'm currently in VA where I have legally purchased off-roster handguns. I have PCS orders back to CA and am wondering if I'm able to bring them, and if they have to be registered or not? MY Home on record is CA, but honestly don't know if it will be by the time I'm out.

Per PC 17000 , section (b) part (2) - In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.

https://leginfo.legislature.ca.gov/f...ctionNum=17000.

I'm also aware of PC 27585 applying to current CA residents, but does it apply to AD military members because of what is stated in PC 17000 (b)(2)?

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27585.&lawCode=PEN

If anyone has experience on this, how was this gone about?

[RickD427]

I know there are forum posts that cover this topic, but I can't seem to find a clear answer on this grey area or have heard of anyone who has done it. I have seen posts that say AD is exempt from registration, but I have also read posts that argue that.

I am a CA resident, hold DL and Car registration and voting rights. I'm currently in VA where I have legally purchased off-roster handguns. I have PCS orders back to CA and am wondering if I'm able to bring them, and if they have to be registered or not? MY Home on record is CA, but honestly don't know if it will be by the time I'm out.

Per PC 17000 , section (b) part (2) - In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.

https://leginfo.legislature.ca.gov/f...ctionNum=17000.

I'm also aware of PC 27585 applying to current CA residents, but does it apply to AD military members because of what is stated in PC 17000 (b)(2)?

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27585.&lawCode=PEN

If anyone has experience on this, how was this gone about?

The key to your issue is to read the definition of PC 17000(b)(2) in context. Here is what is says:

"In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state."

The language is written in prospective terms. As a military member on active duty, you BECOME a California resident when you are discharged in this state.

What the statute is completely silent on is what state are you a resident of BEFORE, you are discharged in this state.

California law makes it possible to be a resident of multiple states at one time. Federal law, with one singular exception, only allows a person to be a resident of a single state at at time.

From what you have written, California is probably gonna consider you as a resident under PC 17000(b)(1). Since you have not been discharged in this state yet, PC 17000(b)(2) is not applicable.

That conclusion means that PC 27585 is gonna control the importation of your firearms.

OTOH, if your situation shows that you are not currently a California resident, then you can lawfully bring in your weapons, provided they are in a California-legal configuration. In that case there is no registration requirement so long as you remain on active duty.

This is what JAG Officers are for. It would be wise to consult with one, specifically on the application of PC 17000(b)(1) and PC 27585 to your situation.

Please keep in mind that California does not issue "Emancipation Certificates" to those who terminate their California residency. If you do opt to proceed down the "I'm not a Californian" road, it would be wise to document that status as best you can.

[Che762x39]

Check with JAG.

When I was on AD with the Marines I took advantage of all Legal opportunities, free Wills and other legal documents.