Can Kali folk own full auto if its not in state?


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dav
November 26, 2003, 11:38 PM
Question is, do the laws in ********** regulate guns in the state, or ownership of guns by citizens of the state?

Can I go to Arizona or Nevada and buy full auto guns if I arrange to store them within those states?

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Standing Wolf
November 26, 2003, 11:57 PM
The People's Republic of California hasn't yet figured out how to trample the civil rights of non-subjects and subjects who leave the state. You'll need a driver's license from an adjacent state before you can buy firearms in it; one you've got that, however, you'll enjoy full American civil rights.

Valkman
November 27, 2003, 02:24 AM
In Nevada they require that you live here for 90 days, and have a DL to buy any gun. They don't actually check on the 90 day thing, they just ask. You would have to have ID though, and to get that you'd have to have some kind of residence here.

Glockster35
November 27, 2003, 03:34 AM
When the ban was getting ready to take effect, many Californians took their rifles over the border and had them stored in another nearby state.

BluesBear
November 27, 2003, 09:46 AM
One state cannot control your actions in another state.

That's what the Federal Gummit is for.

Hkmp5sd
November 27, 2003, 10:34 AM
If you already own a machinegun, you can store it anywhere it is legal to possess, even another state. The only requirements are it must be locked up so that no one other than you has access and you must inform ATF of where you are storing it. You also need permission to take it out of your state of residence prior to leaving. The problem is, to buy a machinegun, you have to have the CLEO signature of the place you live and that signature states it is legal for you to have the gun at your residence. Obviously, you cannot get the autograph living in CA.

You may be able to form a corporation in a different state and then have the corporation buy a machinegun. The corporation does not need the CLEO signature. I don't know of anyone that has tried that route to purchase a machinegun outside their state of residence. Might work, might not. Ask ATF.

dav
November 27, 2003, 12:20 PM
Thanks, all.

I used full auto as a quick easy example. What I actually want is a Savage Striker, single shot .270.

Savage Striker (http://www.savagearms.com/516fsak.htm)

But in its infinite wisdom, ********** decided these $562.00 WMDs are exactly what gang members having been looking for so they can run wild in the streets, so it's not on the DOJ list of guns you can purchase here. :banghead:

Same rules would apply, except no CLEO sig or ATF involvement.

Thanks again.

carpettbaggerr
November 27, 2003, 12:59 PM
Why not leave Cali? You couldn't pay me to live there now. MD, and NJ out too. Emigrate to America. You don't even need a passport.

Hkmp5sd
November 27, 2003, 04:07 PM
Once you own the gun, you can store it in any state it is legal to possess. Still, the problem is in buying the gun outside your state of residence, given it is illegal to own in your state. A person not overly concerned with the letter of the law might do a private party purchase outside their state of residence and once in possession, legally store the gun with a friend.

Have any friends or family that live outside CA that would like to own a Striker and let you shoot it when you visit? ;) They could put you in their will and you can inherit it later on, should something happen to them.

Hand_Rifle_Guy
November 28, 2003, 03:28 PM
Note: You'll haxe to confirm with CalDOJ.

But...

IIRC, one of the only exceptions to the drop-test-list extortion racket is for single-action non-interchangeable-mag guns. Normally, this is taken to mean Cowboy-style revolvers, but one day a year+ back, my dealer was expounding about T/C Contenders, and how they were in fact exempt from the drop-test crap by virtue of being in the same criteria as CAS revolvers, but DOJ was being close-mouthed about it the same way they were about private-party transfers being exempt from the one-a-month restrictiions. His point was, everyone quit selling T/C's in the PRK because they weren't on the approved list, when in fact they were exempt from the listing requirement.

Savage Strikers are a single-action non-magazine handgun. Could they, and T/C's as well, in fact actually be exempt from the listing requirement, and actually be legal to sell through a dealer in this stupid state?

I haven't looked into this for a couple of years, as I haven't been in a position to actually buy a gun for that long, financially, so it was a moot point.

Additionally, calls to CalDOJ for clarification on points like these at the time were likely to net conflicting results, depending on who you talked to that day, a VERY exasperating experience for a dealer.

This whole debacle came about as a result of a customer who had purchased a NAA mini-revolver that had arrived after the drop-test law had gone into effect. At first, my dealer and the customer thought the sale had to be voided, but subsequent research revealed the single-action revolver exception, which allowed the completion of the deal. The similarity of circumstances about the T/C Contender qualifying under the same exception was noted as an aside at the time, but it wasn't relevant to the transaction at hand.

However, my dealer noted that T/C's were legal to buy, but that no-one had bothered to realize/confirm this, and took 'em off the market un-neccessarily.

Hokay, this was two years ago, and DOJ should have pulled their head out by now, and figured out what to tell an inquiring dealer. It merits further investigation, and putting the screws to DOJ to get an answer out of them. The idea that they can be un-cooperative on advising people about exceptions to the resrictions is galling, but unsurprising. However, reluctant to answer doesn't mean they won't answer, and this point merits clarification. I'd know by now myself if I'd been in a position to buy a T/C or a Striker, as I collect that type of gun specifically per my screen name.

That is, when I can afford to. :(

Asking is cheap, requiring only a phone call or three, and determination. This is a LOT different than asking about out-of-state ownership, something that gets an undoubted "NO" right from the get-go. Remember, this comes under the exemption for non-changeable-magazine single-action firearms, normally construed to mean CAS-style revolvers, but the law is not revolver-specific.

If you look into this, keep us posted. there's a lot of folks here in the PRK, and a few manufacturers too, for that matter, (NAA and T/C, for example, who no longer ship products to the PRK.) that could put this knowledge to good use.

Pendragon
November 29, 2003, 03:39 AM
read it and weep Hand_Rifle_Guy:

http://www.leginfo.ca.gov/pub/99-00/bill/sen/sb_0001-0050/sb_15_bill_19990830_chaptered.html

12133. The provisions of this chapter shall not apply to a
single-action revolver that has at least a five-cartridge capacity
with a barrel length of not less than three inches, and meets any of
the following specifications:
(a) Was originally manufactured prior to 1900 and is a curio or
relic, as defined in Section 178.11 of Title 27 of the Code of
Federal Regulations.
(b) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled.
(c) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled and that is currently approved for
importation into the United States pursuant to the provisions of
paragraph (3) of subsection (d) of Section 925 of Title 18 of the
United States Code.

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