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Owning an out-of-state gun in California?

Discussion in 'Legal' started by Solomon, Feb 5, 2010.

  1. Solomon

    Solomon New Member

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    Hi All,
    I was wondering if anyone knows if I would be able to own/register an out-of-state gun in California that isn't on their approved list. For example, if I bought a pocket pistol in Washington (for example, ruger lcp, keltec p3at, taurus tcp) and moved to California, would I be able to register the gun in California?

    Also, would I be able to carry the same gun as a concealed carry if I were to get a California CCW permit? Thanks for the help yall.
     
  2. Quiet

    Quiet Senior Member

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    Are you a CA resident?
    If so, Federal laws prohibit you from purchasing a handgun in another state and taking possession of it.
    You can purchase a handgun in another state, but it must be shipped to a CA FFL dealer and if the hangun is being shipped, then it must be on the CA DOJ approved list (unless you are exempted from the approved list).

    If you are a resident of another state and are moving to CA, then you can legally bring with you any handgun (that is not considered an assault weapon) with you to CA. Within 60 days of establishing residency in CA, you must register all the handguns you brought with you with the CA DOJ BOF.

    In CA, each issuing authority for a CCW permit has different restrictions on what kind of handgun you can be approved to carry on your permit. So, it depends on which LE agency you get your permit through.
     
  3. ultradoc

    ultradoc Senior Member

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    Remind me never to move to Ca.
     
  4. REOIV

    REOIV Member

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    When we win the McDonald case, California's days of urinating on 2nd amendment rights will be a thing of the past.
     
  5. Solomon

    Solomon New Member

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    I moved up to WA not too long ago from California but became a WA resident (got my driver's license and all) and have purchased a few guns. I might move back and wasn't sure if I could use a gun not on their approved list as a CC. Thanks for the response!
     
  6. ArmedLiberal

    ArmedLiberal Member

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    There is no "Registration" of firearms in California. Records of the sale or importation of handguns are kept by the State DOJ, but records of long guns sales are required to be destroyed once the background check is clear. If you're stopped and searched by a cop, he can run your gun for any reports of being stolen, but there is no registration to verify.

    The approved list of handguns only applies to sales by or through FFLs.

    Person to Person sales, sales by or to LEOs, importation of your previously owned handguns without the intent to sell by those moving to California or consignment sales are exempt from the handgun list.


    Here's the DoJ Department of Firearms FAQ : http://ag.ca.gov/firearms/pubfaqs.php#24


    How do I know if my firearms need to be registered?

    There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers. However, you may submit a Firearm Ownership Record to the DOJ for any firearm you own. Having a Firearm Ownership Record on file with the DOJ may help in the return of your firearm if it is lost or stolen. With very few and specific exceptions, all firearm transactions must be conducted through a firearms dealer.


    I am moving into California and I own several handguns. What are the new-resident registration requirements?

    You are considered to be a personal handgun importer as defined by California law. You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the New Resident Handgun Ownership Report. [PDF 518 kb / 2 pg] You are not required to report rifles or shotguns. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California.

    (PC sections 12001(n), 12072(f)(2))
     
  7. Librarian

    Librarian Senior Member

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    Depends on what you mean by 'registration'.

    Long guns, as you say, are not registered (except for CA 'assault weapons') - no buyer info is kept and no make-model-caliber information is reported to the state through DROS.

    Handguns, however, require that information on DROS; new-resident reports require that information; intra-family transfers require that information. All that information is maintained by CA-DOJ, and owner info can be updated when a resident/owner changes address and tells DMV. That info can be, and is, run by police at various times. I think that qualifies as 'registration'.

    That's distinct from saying guns MUST BE registered. Guns never run through a CA FFL (FFL transfers began to be required in 1991), guns moved here before new-resident reporting was required (1998) probably are NOT registered.

    See also the Calguns Foundation Wiki article on registration.
     
  8. StarDust1

    StarDust1 Member

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    I wouldn't visit **********, let alone live there...
     
  9. NavyLCDR

    NavyLCDR member

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    Wow, somebody has been drinking way too much government issued kool aid!
     
  10. tuckerdog1

    tuckerdog1 Member

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    Why am I reading this? I'm never moving back there...

    Tuckerdog1
     
  11. jon_in_wv

    jon_in_wv Senior Member

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    I used to live there. I wouldn't make that mistake twice. Let the libs and the lefties have it.
     
  12. medalguy
    • Contributing Member

    medalguy Senior Member

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    I don't even want to VISIT there! Done it once, that was enough.
     
  13. The Bushmaster

    The Bushmaster Senior Member

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    Lived in the USSR of C for 20 years. Escaped in July of 2006. I never registered any of the firearms that I brought in...Most of which were handguns. Some on their "no can have" list...
     
  14. Librarian

    Librarian Senior Member

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    Congratulations on moving to a freer country.

    Minor point: it's not a "no can have" list, it's a "CA-Licensed FFLs cannot transfer these to just anyone" list.
     
  15. Zoogster

    Zoogster Senior Member

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    There is absolutely registration of handguns in California regardless of what term they choose to use.

    The start of registration went unnoticed by many in California, and since it is done automatically for all new handgun purchases without the knowledge of the owner most residents remain ignorant of it.


    Every handgun purchased in California is automatically entered into a state database that is available to LEO and other state officials.
    LEO can obtain this information from their in car computers when pulling someone over for a traffic stop, or responding to an address, or otherwise running a person's name who they encounter.
    So LEO instantly know the number of handguns registered to a person. I have known people who have been approached cautiously (like an armed criminal) because they had an abnormally large number of legally registered handguns during a routine traffic stop. This identifies them as a "gun nut" to officers which think that way.
    (The individual knew that was the reason because the officer asked if they were transporting any of those numerous firearms they were documented as having in the database when the reason for the stop was merely traffic related.)
    Every person that moves to California is also required to not only register every handgun they have with the state within 60 days with a "NEW RESIDENT HANDGUN OWNERSHIP REPORT", but must pay a fee for each gun to do it. That fee is currently $19 per handgun.

    It even goes further than that. The database automatically cross checks constantly all gun owners and red flags anyone who becomes a new prohibited person for a visit from local LEO. They become an 'armed and dangerous' prohibited person.
    In California there is not only felonies, but many misdemeanors which do not make someone prohibited in other states but do in California.
    Most of those prohibitions last 10 years, some for life.
    Some of those misdemeanors can be discretionarily given in really petty circumstances.
    Possession of a firearm as a prohibited person due to any misdemeanor is a felony no different than a felon with a firearm: A felony charge which would then make someone prohibited nationally for life.


    Long guns while not registered the same way still have a DROS created. That DROS is supposed to have less information about the firearm, but some stores still add more than necessary in the slots provided.

    So all handguns legally purchased or transferred in California since 1991, or which became legally owned in the state by someone moving in from out of state after 1998 are registered in a very easy to search database open to state officials and LEO.
    Those which are not registered and legally possessed prior to the law subject people to increased penalties for the same violations of law:
    For example a mistake in legal transport of a handgun becomes a felony for the owner of an unregistered (even though legally owned) handgun while it can be only a misdemeanor if the handgun is registered.
     
    Last edited: Feb 10, 2010
  16. Solomon

    Solomon New Member

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    so you're basically saying if I were to move back to California (after declaring Washington residency and purchasing 2 handguns) I'll have to re-register with the state of California and pay $19 for each handgun?

    Would it be against the law if I didn't register the handgun in California since they are already registered to me in Washington?:confused:
     
  17. Gungnir

    Gungnir Member

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    They're not registered in Washington, Washington doesn't require, nor have the ability to register hand or any other gun. Nor is it a requirement to register handguns under Federal law either period, in fact it's illegal.
     
  18. Zoogster

    Zoogster Senior Member

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    You will not need to "re-register" any handguns you had already purchased in California prior to moving out of California. They would already still be registered to you.
    Handguns you have since purchased outside of California would need to be registered under California law.
    If that is two handguns you would need to pay $19 for each, totaling $38.

    The pocket pistols you listed would be perfectly legal. Magazines you brought back to California would need to be 10 rounds or less in capacity.

    One more small attribute on a typical pocket gun can be a problem.
    Any pistol with a threaded barrel is an "assault weapon".
    These would be illegal unregistered "assault weapons" subjecting you to years in prison and felony conviction.

    So make sure there is no threads on the barrel. Those little cuts are a big deal in California. :neener:
     
    Last edited: Feb 11, 2010
  19. Deltaboy

    Deltaboy Senior Member

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    I have to tell them how many guns I got????? Well I will never move to Kallie because it is none of their Dang Business.

    Freedom loving people should move from Kallie, NJ , NY, and ILL. to States where you still have freedom to own what you want without the State poking their noses into your business. It is Bad enough with the Feds stepping on the 2nd Amendment without your State boys doing the same or in most cases worse.
     
  20. FenderTK421

    FenderTK421 Member

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    I defected from Kommiefornia in 2004... Wish I would have done it sooner.
     
  21. CPshooter

    CPshooter Senior Member

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    Hey guys,

    I need a little advice since I might be moving to California temporarily for a 9-12 month training program due to a possible job offer.

    Let me see if I understand this correctly. If I want to bring my beloved USP.40 Compact into the state, I can do so, but I'd have to pay a $19 fee to register the gun and would NOT be allowed to bring any of the seven 12-round magazines with me??!! If so, that sucks!

    High-capacity (> 10 rounds) magazines aren't even allowed at the shooting range? I could see if you couldn't CARRY more than 10 rounds in a magazine, but why would it matter at a shooting range?

    Since I won't be there long enough to establish residency (I'm assuming it requires a full year), would my Indiana CC permit allow me to carry? Or am I just SOL for the 9 months I'll be there? If so, this is a total bummer. Thanks in advance.
     
  22. ArmedLiberal

    ArmedLiberal Member

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    It is illegal to buy, sell, give, manufacture or import mags of >10 round capacity. If you owned them in California before 2000 there is no law against merely possessing them or using them. There's an exception for LE and some others. So you might see normal capacity mags at the range.

    Also, magazine repair parts kits are not illegal. The CA DOJ has clarified the law and stated that you may import magazine parts to repair a magazine owned before 2000. This includes a disassembled parts kit that contains all the parts necessary for a complete magazine. If, by chance, you were to assemble such a parts kit into a new magazine that would be 'manufacture' and against the law.

    You can legalize your magazines by permanently altering them to 10 round capacity.

    CalGuns.net is a great website for learning about California Gun Law. The Law is very strange at times, something like Alice in Wonderland.

    Here's a FAQ: http://wiki.calgunsfoundation.org/index.php/Frequently_Asked_Questions

    And the Forum: http://www.calguns.net/calgunforum/index.php

    And the DOJ: http://ag.ca.gov/firearms/

    And the DOJ FAQ: http://ag.ca.gov/firearms/pubfaqs.php
     
  23. Fremmer

    Fremmer Senior Member

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    Welcome to California.....:uhoh:
     
  24. Frank Ettin

    Frank Ettin Moderator

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    California does not recognize the CC permits of any other state.

    Establishing residency is probably moot anyway. California is a "may issue" state. It is entirely within the unfettered discretion of the sheriff of your county of residence (of the chief of police of your city of residence) whether or not you have "good cause" for a permit. In general, self defense alone is not "good cause."

    The practical effect is the CC permits are almost impossible to get in the major, more urban counties like L. A., San Francisco, Alameda, Santa Clara, Marin, Monterey, Contra Costa, and a bunch of others. CC permits are fairly easy to get in a number of rural counties, but you must be a resident of the county (although a permit is good state wide).
     
  25. Librarian

    Librarian Senior Member

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    CA does not recognize any other state's CCW; some counties/cities darn near don't recognize CA CCWs.
     

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