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Buying and owning handguns in California

yawn

Regular Member
Joined
Jan 15, 2011
Messages
40
Location
west
Can Californians buy handguns in other states and bring them into Cali? Can someone moving to Cali bring in "unapproved" handguns (not unapproved as in high cap mags, but unapproved as being not on the DOJ list)? Is that list just for sales in California?

Thanks
 

ccrews

Regular Member
Joined
Jan 22, 2011
Messages
40
Location
Bellflower/Norwalk/Lakewood, California, USA
I think finding a dealer that would sell to an out of state person will be your number one hurdle. I tried to pick up a shotgun while in my home state of Louisiana and was not able to convince the shop to sell to me even tho my research showed no rules or laws against it at the time. As soon as you pull out that Kalifornia ID they will freak in fear of breaking some law.
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
Can Californians buy handguns in other states and bring them into Cali? Can someone moving to Cali bring in "unapproved" handguns (not unapproved as in high cap mags, but unapproved as being not on the DOJ list)? Is that list just for sales in California?

Thanks

According to my understanding, one may bring guns into California, including non-rostered guns, when one moves to California from out of state. There is a grace period for registering handguns with the DOJ.

However, one may not buy guns out of state, even if one maintains dual residency, and then bring them into California, without moving out of California first. Since this is a function of CA law it does not apply in reverse; one may buy a handgun in California to take back to the second state as a resident of both.

http://wiki.calgunsfoundation.org/index.php/Moving_to_California_with_firearms
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
I think finding a dealer that would sell to an out of state person will be your number one hurdle. I tried to pick up a shotgun while in my home state of Louisiana and was not able to convince the shop to sell to me even tho my research showed no rules or laws against it at the time. As soon as you pull out that Kalifornia ID they will freak in fear of breaking some law.

No gun shop will sell to CA residents, even long guns, as it is a violation of the laws of your state of residency, and is therefore a violation of the terms of the FFL.

What you need to do is convince them that you are also a resident of their state. However, it would still be illegal to bring them back in California, as far as I understand. So that's only useful if you are, in fact, a resident of that second state and wish to keep the gun there (or another state), but do have a CA driver's license.
 
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Firemark

Regular Member
Joined
Oct 19, 2010
Messages
445
Location
San Diego
No gun shop will sell to CA residents, even long guns, as it is a violation of the laws of your state of residency, and is therefore a violation of the terms of the FFL.

What you need to do is convince them that you are also a resident of their state. However, it would still be illegal to bring them back in California, as far as I understand. So that's only useful if you are, in fact, a resident of that second state and wish to keep the gun there (or another state), but do have a CA driver's license.

OR there is a third option that is legal... As far as I can determine, if you know someone that is MOVING to California, they can bring there guns with them, register in the grace period. If they decide to give you one as a "gift", then you should be clear of any illegal purchase rule (its a gift). Go thru an FFL dealer to do the proper paperwork for the transfer, (they are legal to own, you are legal to own)this should make you legal to acquire an off roster weapon. Although the magazine if its over 10 rounds is illegal to bring into state, you have to go get Calif style mags for the weapon. If anyone knows differently please advise but thats the way I read it.
 
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1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
well,,,

OR there is a third option that is legal... As far as I can determine, if you know someone that is MOVING to California, they can bring there guns with them, register in the grace period. If they decide to give you one as a "gift", then you should be clear of any illegal purchase rule (its a gift). Go thru an FFL dealer to do the proper paperwork for the transfer, (they are legal to own, you are legal to own)this should make you legal to acquire an off roster weapon. Although the magazine if its over 10 rounds is illegal to bring into state, you have to go get Calif style mags for the weapon. If anyone knows differently please advise but thats the way I read it.

it seems funny, "weird" to me , that the commerce clause is wildly used by
the government and the scotus to restrict our rights, "about everything!"
but i from washington, cant go to oregon and buy a 22 rifle in a hardware store,
like i did when i lived in eugene when i was in 9th grade.
the commerce clause is now used more to restrict trade among the states,
than it is used to protect free trade among the states.
why the hell is it illegal to go to another state to buy a gun in person,
if i can mail order, and ffl transfer a gun from anywhere in the country?

i know, i know, its control, gun control, making me safe, i feel better, ill be ok...
 

4armed Architect

Regular Member
Joined
Jun 14, 2008
Messages
149
Location
L.A. County, California, USA
Another option: Get a Federal FFL 03 (C&R) license. Go out of CA and purchase a C&R handgun using your C&R license. Bring the handgun back or have it shipped back to you. File DOJ form 4100A within 5 days of bringing the gun in CA. I have done this and it works. J&G Sales has some nice CZ 82s and Tokarevs - http://www.jgsales.com/index.php/c/c-r-guns/cPath/290?osCsid=e4556ca8ca6409172d86f5833585d458 .


See this website:

https://www.empirearms.com/cal-ffl.htm

Here is the pertinent paragraph from the above page (one caveat, this page is slightly out-of-date & I did my purchase a couple years ago, so there may have been some slight mods in CA law regarding this. A check with DOJ and your Atty, would be advisable):

"A federally defined C&R pistol, regardless of age, can be imported into CA if it is legally purchased out of state by a CA resident with a Class 03 C&R FFL and if physical possession of the piece is taken by the Californian Class 03 C&R FFL outside of CA. It can be imported by the CA Class 03 C&R FFL purchaser only - hand carry it back or UPS it to yourself. Importation of the pistol must be reported within 5 days to the DOJ on their special form BCIA 4100A (NEW! download form 4100A HERE) with a $19 payment per firearm. Buying a C&R Makarov with your Class 03 C&R FFL in Las Vegas or Arizona and bringing it (or shipping it) back to California is OK if you register it within 5 days. "
 

yawn

Regular Member
Joined
Jan 15, 2011
Messages
40
Location
west
According to my understanding, one may bring guns into California, including non-rostered guns, when one moves to California from out of state. There is a grace period for registering handguns with the DOJ.

However, one may not buy guns out of state, even if one maintains dual residency, and then bring them into California, without moving out of California first. Since this is a function of CA law it does not apply in reverse; one may buy a handgun in California to take back to the second state as a resident of both.

http://wiki.calgunsfoundation.org/index.php/Moving_to_California_with_firearms

Excellent concerning outsiders moving in bringing a handgun! Thanks! And, it does sound like Californians buying guns outside of California wont happen... ok, thanks guys!
 

KS_to_CA

Regular Member
Joined
Sep 27, 2008
Messages
443
Location
National City, CA, ,
OR there is a third option that is legal... As far as I can determine, if you know someone that is MOVING to California, they can bring there guns with them, register in the grace period. If they decide to give you one as a "gift", then you should be clear of any illegal purchase rule (its a gift). Go thru an FFL dealer to do the proper paperwork for the transfer, (they are legal to own, you are legal to own)this should make you legal to acquire an off roster weapon. Although the magazine if its over 10 rounds is illegal to bring into state, you have to go get Calif style mags for the weapon. If anyone knows differently please advise but thats the way I read it.

I thought you can buy an off roster handgun the is "already" in CA? So if somebody is moving from Seattle with a Kel-Tec PF9, registering it in CA, and selling it to me after, say, 30 days, that should qualify as a purchase and not just gift.

Or am I missing something?
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
I thought you can buy an off roster handgun the is "already" in CA? So if somebody is moving from Seattle with a Kel-Tec PF9, registering it in CA, and selling it to me after, say, 30 days, that should qualify as a purchase and not just gift.

Or am I missing something?

Yes, its perfectly legal to perform a PPT (Private Party Transfer) via an FFL of an Off-Roster handgun.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Thanks for the clarification. Which brings me to :

PPT of roster handguns without FFL - legal?

No.

Nearly all firearms transactions in CA (with VERY few exceptions) are required to be processed through a CA FFL. If I remember correctly I think non-FFL transactions were blocked in about 1991.
 
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