Hi all - I'm moving to California. Am I correct in understanding that no new handgun models have been available there since they passed a law requiring special forensic markings on the ammo? I was thinking about an H&K VP9 or a Gen 5 Glock 19. Is it against California law to go out of state to buy a handgun and bring it back?
Moving to California
- Thread starter BlueHawk
- Start date
Aguila Blanca
Staff
How are you going to legally buy a handgun in a state in which you are not a resident?
You can only take possession of a handgun from a CA FFL.
Federal law prohibits purchasing handguns from an out-of-state FFL. Has to be shipped to an in-state FFL.
Obviously, an in-state FFL won't deliver an illegal gun. You can go to the CA AG's office website to get a list of CA legal handguns.
Federal law prohibits purchasing handguns from an out-of-state FFL. Has to be shipped to an in-state FFL.
Obviously, an in-state FFL won't deliver an illegal gun. You can go to the CA AG's office website to get a list of CA legal handguns.
Aguila Blanca
Staff
Can someone relocating into California from elsewhere in the U.S. bring in off-roster firearms they already own?
Spats McGee
Administrator
I don't know about CA law, but it is against federal law to do so. Without getting into the nitty-gritty, complete with circles and arrows and legal citations, the short story on federal law governing firearms transfers is:
1. All firearms transfers between residents of different states have to go through an FFL;
2. For long guns, it can be an FFL in either the transferor's or the transferee's state of residence;
3. For handguns, it must be an FFL in the transferee's state of residence.
The question I'd be asking would be: If I buy the handgun before I go, may I take it with me to CA when I move?
ETA: I just noticed that AB had the same thought, only in far fewer words.
Aguila Blanca
Staff
That was my thought: Buy the gun before moving, and bring it with you to California. Apparently that's legal:
http://wiki.calgunsfoundation.org/index.php?title=Moving_to_California_with_firearms
Remember the 10-round magazine capacity limitation. You can bring in any handgun you already own, but you can't bring in magazines larger than 10-round capacity. 10-round magazines are generally available for firearms in current production, but if buying the gun new you'll have to specify that you want one with 10-round magazines. They're out there -- several other states also have 10-round capacity limits.
http://wiki.calgunsfoundation.org/index.php?title=Moving_to_California_with_firearms
Remember the 10-round magazine capacity limitation. You can bring in any handgun you already own, but you can't bring in magazines larger than 10-round capacity. 10-round magazines are generally available for firearms in current production, but if buying the gun new you'll have to specify that you want one with 10-round magazines. They're out there -- several other states also have 10-round capacity limits.
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Damn, I didn't realize you had to be a resident of a state to buy a firearm in that state. This whole California thing is turning out to be more burdensome than I thought. I'm moving from Arizona, so it's a dramatic change in legal environments with respect to the right of self-defense, and its corollary, the right to bear arms.
That applies to handguns specifically from a Federal point if view. Many states allow their residents to purchase long guns in another state - the purchase and type have to be legal in both states. So, if you, from AZ, went to CO and wanted to buy a rifle, that is OK; the handgun would need to be delivered to your AZ FFL
Spats McGee
Administrator
As FITASC points out, many states will allow a resident to purchase a long gun out of state. Federal law allows this, provided that the transfer goes through an FFL. Handgun transfers via FFLs have to go through an FFL in the buyer's state of residence, though.
Also, take heed of AB's comments on magazine capacity.
Frank Ettin
Administrator
However, a California resident will not be able to legally buy a long gun in another State. Federal law requires that the transfer comply with the laws of the transferee’s State of residence. Because California has some unique transfer formalities, a non-California FFL will be unable to comply.
Spats McGee
Administrator
^^^^^
I figured you'd know something that hadn't been mentioned. Can he bring an off-roster pistol into CA, though? What about mags?
I figured you'd know something that hadn't been mentioned. Can he bring an off-roster pistol into CA, though? What about mags?
Frank Ettin
Administrator
An off roster pistol is fine as long as it doesn’t have a threaded barrel and isn’t an assault weapon (so AR and AK pistols require a more detailed analysis).
Also, in general no magazines holding more than ten rounds.
Also, in general no magazines holding more than ten rounds.
Aguila Blanca
Staff
So the bottom line is that BlueHawk should buy his new pistol while he is still resident in Arizona, and be sure to specify that he needs a model with a 10-round magazine. 10-rounders should be available, since many of the northeastern states (New York, Connecticut, Massachusetts, and perhaps New Jersey and Maryland) have 10-round magazine limits.
Glenn E. Meyer
New member
Every time we have a thread where someone is going to a state with restrictions and asks for practical gun related legal advice, folks have to chime in about why are you moving there?
Well, Dear Abby Wannabees, that isn't the question and who cares about your opinion of the move in general. If you can answer the legal question, good. If not - shush.
Such deleted.
Well, Dear Abby Wannabees, that isn't the question and who cares about your opinion of the move in general. If you can answer the legal question, good. If not - shush.
Such deleted.
Spats McGee
Administrator
Frank, there's a similar thread over at THR: https://www.thehighroad.org/index.php?threads/moving-to-california.841651/
In that thread, this was cited: https://oag.ca.gov/firearms/ab991 for the proposition that one moving to CA has to either register or sell each of the firearms that the person is bringing into the state. Does that ring any bells for you?
Frank Ettin
Administrator
That is correct. There’s a form on the DOJ website for doing the registration.
Aguila Blanca
Staff
The registration requirement is addressed in the CalGuns link I provided in post #7. You have 60 days from the date you first brought the guns into California to register them or dispose of them.Spats McGee said:
Spats McGee
Administrator
Clearly, I should have followed that link & need to spend more time familiarizing myself with CA law.