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Thread: What are the CA restrictions for simple firearm possession by non-residents?

  1. #1
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    What are the CA restrictions for simple firearm possession by non-residents?

    I'm writing a letter to several congressman about the difficulties faced by non-residents (especially non-U.S. resident expatriate Americans) who may wish to legally possess firearms in certain jurisdictions.

    I need to have legal cites to California law with respect to eligibility requirements for non-residents (and in particular non-U.S. resident citizens - Americans who reside abroad the majority of the calendar year).

    Thank you very much!

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    Regular Member mjones's Avatar
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    Quote Originally Posted by OC4me View Post
    I'm writing a letter to several congressman about the difficulties faced by non-residents (especially non-U.S. resident expatriate Americans) who may wish to legally possess firearms in certain jurisdictions.

    I need to have legal cites to California law with respect to eligibility requirements for non-residents (and in particular non-U.S. resident citizens - Americans who reside abroad the majority of the calendar year).

    Thank you very much!
    In CA there aren't any restrictions on non-residents citizens that are above and beyond those of resident citizens.

    Maybe I'm misunderstanding the question... There are some minor differences between citizen and non-citizens; but those likely wouldn't hold up anyhow...

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    Quote Originally Posted by mjones View Post
    In CA there aren't any restrictions on non-residents citizens that are above and beyond those of resident citizens.

    Maybe I'm misunderstanding the question... There are some minor differences between citizen and non-citizens; but those likely wouldn't hold up anyhow...
    Thank mjones for your reply. Actually there can be a BIG difference. This isn't a situation of citizen vs. non-citizen, rather its all about citizens who are U.S. residents (physically residing in one of the 50 States) vs citizens who are not U.S. residents. I'm looking for States that bar simple firearms possession (especially handguns) to non-U.S. residents who are still nevertheless American citizens. Yes we do exist!

    This prohibition need not be direct but could be more subtle, for example requiring registration of a handgun (as a condition of possession) via an application form that specifically requires data that a non-U.S. resident may not be able to provide, such as a current U.S. physical address, State ID or Driver's License number, etc.

    Even expatriate Americans (living abroad) who still are registerd to vote in the State of their former residence, maintain a home, etc. may still 'lose' their physical residency status in that State if they aren't physically present in that State for a certain amount of time during a calendar year (probably varies by jurisdication but let's say 6 months plus 1 day). Unfortunately, it is something that most Americans living overseas don't even think about or realize and may even be unwittingly committing a felony if they use their stateside residence as a basis for claiming state residency when they are not actually physical residents (arcane legal reasons why this is so).

    Despite the 'rareness' of this sitution, I'm still trying to research this issue and would appreciate a better understanding of California's firearm's possession laws (cites to the relevant statutes would be extremely helpful, thanks!).

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    Regular Member mjones's Avatar
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    Quote Originally Posted by OC4me View Post
    Thank mjones for your reply. Actually there can be a BIG difference. This isn't a situation of citizen vs. non-citizen, rather its all about citizens who are U.S. residents (physically residing in one of the 50 States) vs citizens who are not U.S. residents.
    Ok, good, I did understand you the first time; Resident-Citizen vs non-Resident-Citizen. i.e. a Citizen but Resident of another State or an Expatriot Citizen.

    In CA there are no distinctions made between Resident-Citizen vs non-Resident-Citizen for simple firearms possession. However, there is no direct citation to law or authority on this one.

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    Thank mjones,

    So no handgun registration in California? If there is registration, then I'd be interested in looking at the application form itself.

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    Regular Member mjones's Avatar
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    Quote Originally Posted by OC4me View Post
    So no handgun registration in California? If there is registration, then I'd be interested in looking at the application form itself.
    There are no requirements for a non-resident to register any firearms.

    There are no registration requirements for long-guns except "Assault Weapons."

    Residents of CA have handguns registered at the time of purchase (since 1991 I think)

    New Residents are required to register imported handguns within 60 days at a cost of $19 each http://ag.ca.gov/firearms/pubfaqs.php#24

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    Possession of an 'unregistered' handgun is not in and of itself a crime. The major risk in possession of a hand gun not registered to the possessor is when being charged with certain firearm related crimes such as loaded in public or concealed. Then the CA DOJ registration status in the name of the possessor determines if it is a felony or not.

    http://wiki.calgunsfoundation.org/index.php/Main_Page
    Last edited by cato; 06-04-2011 at 07:20 AM.

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