MT resident going to California


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Marlin444
November 18, 2008, 09:16 PM
I am a Montana resident going to my parent's in California for the holidays.

Can I bring guns that I purchased in MT to California?

What about high cap mag's and AR's?

If the above items are disassembled, could I bring them?

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Zoogster
November 18, 2008, 09:23 PM
No.

You may only bring magazines holding 10 rounds or less into the state.

"Assault Weapons" are complicated in CA law.
There is 2 lists that prohibits multiple ARs and AKs as well as a host of other firearms by specific name.
That is seperate from another statute that prohibits weapons by feature.

So a firearm on the list modified to comply with CA law would still be felony criminal possession.
However an identical weapon not listed on the Roberti-Roos list, or the Kasler list modified to comply with the feature law would be legal.


So you need to first determine if your ARs are on either list to determine if they are even eligable for conversion.
You then need to study the features list, and make modifications. In general you can severely modify the firearm so it has no pistol grip or other listed feature etc to retain the ability to use a detachable magazine OR you can install a device to "permanently" lock the magazine in place so it cannot be removed without the use of a tool.
In the end you can only have either a detachable magazine, or other features, not a regular detachable magazine and those features.

There is various ways to comply with that, some more user friendly. A "bullet lock" is fairly popular. It essentialy replaces the magazine release with a detent that is impossible to press with your finger, but can be pushed with the tip of a round.

You must also purchase special nuetered 10 round or less magazines for any firearm you wish to bring into the state, and leave the regular capacity ones outside the state.

Here is the features list from the AG website which is usualy correct (though they have put up the wrong info on a couple technicalities a few times) http://ag.ca.gov/firearms/regs/genchar2.php :
12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
A pistol grip that protrudes conspicuously beneath the action of the weapon.
A thumbhole stock.
A folding or telescoping stock.
A grenade launcher or flare launcher.
A flash suppressor.
A forward pistol grip.
A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.



It goes on to include other firearms:

A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
The capacity to accept a detachable magazine at some location outside of the pistol grip.
A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
A semiautomatic shotgun that has both of the following:
A folding or telescoping stock.
A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
A semiautomatic shotgun that has the ability to accept a detachable magazine.
Any shotgun with a revolving cylinder.
As you can see in addition to the rifle question, just having a pistol with an 11 round magazine or a semi auto shotgun with any detachable magazine puts you in possession of an "assault weapon".
So many normal pistols are "Assault weapons" in CA.

Here are the two lists from the same state site:
http://ag.ca.gov/firearms/awlist.htm
http://ag.ca.gov/firearms/infobuls/kaslist.pdf

Marlin444
November 18, 2008, 09:27 PM
Ok,

So even if I disassemble my AR and mags, still no good (even if they stay dissassembled)?

What about long guns? e.g. 10/22 and .444

calaverasslim
November 18, 2008, 09:34 PM
Sadly, I strongly recommend that you leave your guns at home, son, leave your guns at home.

Not knowing what part of California your going to, I suspect that you'll just get yourself in trouble if your caught.

Marlin444
November 18, 2008, 09:43 PM
Thanks for the responses. I am a fairly new gun owner and from what I've seen of CA laws I'd be worried about bringing a BB gun home...

Where would you recommend I leave them? I do not have a permanent residence here in MT and will be at school for the spring before returning back to MT summer 09'.

Marlin444
November 18, 2008, 09:47 PM
Zoogster, you are a HUGE help!

I guess its not worth bringing these guns to my rents since I will just bring them back to MT anyways.

billwiese
November 19, 2008, 02:21 PM
Marlin444 wrote:
I am a Montana resident going to my parent's in California for the holidays.
Can I bring guns that I purchased in MT to California?
What about high cap mag's and AR's?
If the above items are disassembled, could I bring them?


You can generally bring many guns into CA, with the exception of assault weapons, hicap magazines, handguns that shoot shotgun shells or are unrifled, etc. Your average revolver, 1911, Glock, Sig, etc. or Rem 700 or 870 or 1100 or conventionally-stocked Ruger Mini14 is fine.

[Now, if you had purchased the hicap mags within CA (i.e., at a CA gunshow) at anytime before 1/1/2000, then you can indeed reenter CA with those magazines. There is no requirement of residency to reenter with those particular mags either now or during their pre-2000 acquisition; if you legally possessed the mags in CA before 2000 you're good. This is perhaps unlikely for you but just wanted you to know.]

Don't bring in ARs or other black rifles unless you really know what you're doing. Quite a few AR types are banned by make/model but quite a few Californians now have 'off-list' rifles using either special non-pistol grips with no evil features on rifle, or using 10rd fixed magazines affixed with a "BulletButton" device requiring a tool to remove magazine (thus making it legally a nondetachable magazine) render the gun a non-AW. This is probably way too much grief for an out-of-stater for short visit.

Semiauto pistols that have threaded bbls are a no-no: avoid non-Californiaized Walther P22s, or 1911s & other guns that have threaded bbls for compensators etc.


Bill Wiese
San Jose CA

ArmedBear
November 19, 2008, 05:46 PM
A 10/22 with 10-round magazines and a Marlin 444 are no problem whatsoever.

Provided the guns aren't legally "assault weapons", you can bring them. There is no prohibition on bringing guns into California, no requirement to register anything, except for handguns, and then only if you're moving into California.

I have the parts and knowledge required to Californianize an AR, but I'd have to know what kind of AR lower receiver it is, to know if it can be done legally.

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