dual resident bringing handgun back to Cali

[kalbos]

it is my understanding that if a dual resident wants to bring in a handgun, it has to be drosed w/10 day waiting period.
two questions
1) does it matter that it is not on the roster?
2) when does the dros start. a) ship the firearm to an ffl and then get it back in 10 days b) show up at FFL & surrender my firearm to them to do the DROS?
b presents problems bc the way i read the law, there is no grace period.
anyone done this and can give some insight?

[edgerly779]

Ship it to ffl in ca. No one knows yet if off roster ok. Large post about this 0n 4/12/2015 The ffl can charge any amount they wish so shop around. Sales/use tax may be owed.

[kemasa]

Unless something changed and I misssed it, you can call and ask the CA DOJ to confirm this.

The person bringing it back needs to fill out the voluntary registration and mark where the firearm came from, as well marking other: dual resident.

It does not have to be DROS'd.

[NiteQwill]

Just volreg it. No FFL needed.

[Librarian]

I believe the OP is thinking of the effect of AB 1609, which added 27585

ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 27590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )


27585.

(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

[kalbos]

ok so i am currently out of state and have dual residency in SC. if i buy a xds 3.3 & take delivery through a SC ffl. before i can bring it back to CA i have to ship it to an FFL. am i correct in saying that the DROS cannot be done until I physically get back to CA. if i have already paid sales tax do i have to pay it again? if it cannot be transferred due to the roster, does it have to be mailed back to SC FFL even though there is technically so transfer of ownership.

lastly is there an FFL in the ventura to OC area willing to do this?

[kalbos]

@edgerly

is that thread on the ffl forum, missed in my search

[djflash]

I believe the OP is thinking of the effect of AB 1609, which added 27585

I was previously under the impression that AB 1609 closed the door on off roster for dual residents. Does anyone have any insights on this??

[keenkeen]

You belive you have dual residency why?

[kalbos]

because i live in ca part of the year & in another state the rest of the year

[RickD427]

because i live in ca part of the year & in another state the rest of the year

That doesn't make you a "Dual Resident". You have to deal with the "intention of making a home" element.

Please refer to 27CFR478.11 for the details. (Your situation seems to match "Example 2" contained in that section).

But if you do believe that you're a "Dual Resident", lets start by confirming that you're filing taxes in both states?

[Librarian]

That doesn't make you a "Dual Resident". You have to deal with the "intention of making a home" element.

Please refer to 27CFR478.11 for the details. (Your situation seems to match "Example 2" contained in that section).

But if you do believe that you're a "Dual Resident", lets start by confirming that you're filing taxes in both states?

While I understand helping kalbos out here, I think pursuing the details to be rather dangerous for him/her; too much info exposed on the internet is likely to be a Bad Thing.

The other aspect is, 'residency' in a state has a lot of local considerations; it's very difficult to discuss all the possibilities. I suggest that dual/multiple residency is rather out of scope for Calguns, unless a lawyer chooses to do a little pro bono work.

[Librarian]

This popped up today in the context of interstate inheritance; Feds say no FFL required, but CA says one is required if the receiver is not 'immediate family'. I am further curious.

If a person were to come into your shop with one or more guns, and announce 'I'm here to comply with the PC 27585 requirements - I legally got these guns out of state, but CA says I have to run them through a CA FFL.' what, procedurally, would a CA FFL do with those guns?

[kemasa]

Under the law, they can not import the firearms into the state nor bring the firearms into the state, so it would be a violation if they brought them into a CA FFL. In other words, it would be best if the FFL told them to go away.

There are exemptions, but those mean that it does not have to go through a FFL.

[Librarian]

Under the law, they can not import the firearms into the state nor bring the firearms into the state, so it would be a violation if they brought them into a CA FFL. In other words, it would be best if the FFL told them to go away.

There are exemptions, but those mean that it does not have to go through a FFL.

Not in this case.

Fedlaw says interstate inheritance, by anyone, does not need an FFL.

So, going to NV and getting the guns from Uncle Bob's estate is just fine, Federally. Bring them back to CA is legal.

It's CA law that is making things weird.

If it were Grandma Rose instead of Uncle Bob, CA law would be fine; CA allows non-FFL transfer of inherited guns within immediate family.

Non-immediate-family interstate inheritance appears to be one of the PC 27585 issues.

How does an FFL help me follow PC 27585? What does that look like to his/her record-keeping? Are there sooper seekrit DOJ advisories out to help CA FFLs with this?