Question about private party transfer

[Crunnels]

I bought a handgun in Texas. I have military orders bringing me to California. Making me exempt from having to register the gun in California. Is the information I have received correct? If so how do I go about selling the firearm legally in California? If the information is not correct what do I need to do before I can legally sell the gun in California?

[rromeo]

You do need to register it within 60 days of bringing it in to California. You may also sell it before the 60 days without registering it. You orders for permanent duty assignment should waive the need for a CA DL.

[Crunnels]

Then why does the military give us a military orders form saying we do not have to register them as long as we have orders bringing us to the state of California? From what I understand the military orders make me exempt.

[Quiet]

You do need to register it within 60 days of bringing it in to California. You may also sell it before the 60 days without registering it. You orders for permanent duty assignment should waive the need for a CA DL.

Per CA law [PC 12001(o)(2)], as long as he is on active-duty, he is not required to reigster any handguns he brings to CA.



Penal Code 12001
(n) As used in this chapter, a "personal handgun importer" means an individual who meets all of the following criteria:
(1) He or she is not a person licensed pursuant to Section 12071.
(2) He or she is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(3) He or she is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) He or she is the owner of a handgun.
(5) He or she acquired that handgun outside of California.
(6) He or she moves into this state on or after January 1, 1998, as a resident of this state.
(7) He or she intends to possess that handgun within this state on or after January 1, 1998.
(8) The handgun was not delivered to him or her by a person licensed pursuant to Section 12071 who delivered that firearm following the procedures set forth in Section 12071 and subdivision (c) of Section 12072.
(9) He or she, while a resident of this state, had not previously reported his or her ownership of that handgun to the Department of Justice in a manner prescribed by the department that included information concerning him or her and a description of the firearm.
(10) The handgun is not a firearm that is prohibited by subdivision (a) of Section 12020.
(11) The handgun is not an assault weapon, as defined in Section 12276 or 12276.1.
(12) The handgun is not a machinegun, as defined in Section 12200.
(13) The person is 18 years of age or older.
(o) For purposes of paragraph (6) of subdivision (n):
(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of members of the Armed Forces of the United States, residency shall be deemed to be established when he or she was discharged from active service in this state.

[Crunnels]

Just trying to do everything legally before I get myself screwed. If I am wrong on anything please let me know.

[Quiet]

Cokebottle gave you the correct answer about selling any handguns you brought to CA in your other thread.

http://www.calguns.net/calgunforum/showthread.php?t=445773

[Crunnels]

Thank you very much for the help. Ok what about when I get out of the military and still have a current department of defense I.D. and military orders will I then have to register the handgun in California

[Librarian]

Thank you very much for the help. Ok what about when I get out of the military and still have a current department of defense I.D. and military orders will I then have to register the handgun in California

If you separate in CA, then at that time you should file the new-resident registration - or sell the handguns, either one satisfies CA by getting them registered (you, filing the form, buyer, via DROS).