Question I’m going AZ I have a AZ CCW can I buy a Glock Gen 6 there and bring it to CA?

[ALWAYSARMEDOC]

I’m going AZ tomorrow and I have a AZ CCW can I buy a Glock Gen 6 there and bring it back to CA and just register it on CFARS? Obviously not bringing the mag and leaving it there.

I also have a FFL03 but I don’t think it matters.

I just want to make sure I’m doing everything legal of course and would greatly appreciate any insight.

Thank you.

 

[chiroken007]

Being a California Resident. I am pretty sure this can’t legally happen when buying from an FFL in AZ.

 

[ButteFlyFisher]

If that was legal wouldn’t we all do that instead of paying off roster premiums?

 

[Churro]

I’m going AZ tomorrow and I have a AZ CCW can I buy a Glock Gen 6 there and bring it back to CA and just register it on CFARS? Obviously not bringing the mag and leaving it there.

I also have a FFL03 but I don’t think it matters.

I just want to make sure I’m doing everything legal of course and would greatly appreciate any insight.

Thank you.

It depends where you're drivers license is from. If you still have residence in AZ and have not yet completed the move to Ca. I think you should be good. If you have a CA ID or driver's license your F*****

 

[Diabolus]

If you live in CA, no. You cant buy a handgun in AZ and just drive it home and CFARS it. Federal law doesnt care that you have an AZ CCW. Handgun has to go to a CA FFL, and a new Gen 6 isn’t getting transferred by a CA dealer anyway.

If you actually live in AZ and you’re moving to CA, different story. You can bring a gun you already own, even off roster, leave the big mag in AZ, and report it within 60 days after you move. That’s what CFARS is for.

FFL03 doesn’t matter.

 

[FriedChickies]

This is genius.

 

[ejhyun]

YES! you "can".

No, you can't legally.

 

[NorCalBusa]

I always wondered how it goes if one owns two homes- one in AZ (or NV) and the other in CA. My guess is one (for tax purposes) must be declared as the Primary and used to file your taxes, so that would be your addy for firearm purchases as well? I recall seeing some language about "where you spend the majority of your time" as a clawback for California state taxes- but don't recall if that is for firearms, state taxes, or what.

 

[jayson_b24]

The correct answer has already been beaten to death in the thread.

Did you mean to ask if your out-of-state child, parent or grandparent could bring a firearm to CA and then "decide to leave it with you" when they go home? Because that's an entirely different question.

 

[BONECUTR]

I always wondered how it goes if one owns two homes- one in AZ (or NV) and the other in CA. My guess is one (for tax purposes) must be declared as the Primary and used to file your taxes, so that would be your addy for firearm purchases as well? I recall seeing some language about "where you spend the majority of your time" as a claback for California state taxes- but don't recall if that is for firearms, state taxes, or what.

CA already passed a law to stop the dual resident exemption. Since you could legally buy in another state to import it must go thru a dealer and therefore be on the roster.

PC27585
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that the person purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless the person first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

 

[lactoast]

I always wondered how it goes if one owns two homes- one in AZ (or NV) and the other in CA. My guess is one (for tax purposes) must be declared as the Primary and used to file your taxes, so that would be your addy for firearm purchases as well? I recall seeing some language about "where you spend the majority of your time" as a claback for California state taxes- but don't recall if that is for firearms, state taxes, or what.

From what I recall, CA has a pretty narrow definition of whether you are considered a resident, even if you have property in another state that you live at. As long as you still have ties here, like property you own, employment, taxes you pay, etc., you’re still considered a CA resident, regardless of how much time out of the year you’re in CA.

You’d have to completely sever your ties to CA without any hint of intending to return, or that your out of state residence is temporary. It’s like a clingy ex that can’t get over the relationship ending.

 

[Dvrjon]

I always wondered how it goes if one owns two homes- one in AZ (or NV) and the other in CA. My guess is one (for tax purposes) must be declared as the Primary and used to file your taxes, so that would be your addy for firearm purchases as well? I recall seeing some language about "where you spend the majority of your time" as a claback for California state taxes- but don't recall if that is for firearms, state taxes, or what.

You’re thinking of the definition of domicile vs. residence which, in CA falls to, “the place to which you intend to return”.
-Domicile is your true, fixed, and permanent home.
-You can have many temporary residences, but you can only have one domicile at a time.
-It stays the same even if you move away for a short job or school.

If OP has an in-state CA CCW, then they are a resident of CA and have declared that residency.

 

[Gawernator]

No this is illegal lol. Could you buy it yes probably, but you're not supposed to under CA and fed laws

 

[Baonguyenn]

If it that’s easy then the roster wouldn’t exist and no one would pay for off roster price, so NO, this is illegal.

 

[NorCalBusa]

CA already passed a law to stop the dual resident exemption. Since you could legally buy in another state to import it must go thru a dealer and therefore be on the roster.

That quoted section says "PC27585 (a) Commencing January 1, 2015, a resident of this state shall not import..."
If AZ or NV is my "Primary" residence, are you suggesting dual residency exists, so state income tax paid in both states?

 

[NorCalBusa]

You’re thinking of the definition of domicile vs. residence which, in CA falls to, “the place to which you intend to return”.
-Domicile is your true, fixed, and permanent home.
-You can have many temporary residences, but you can only have one domicile at a time.
-It stays the same even if you move away for a short job or school.

If OP has an in-state CA CCW, then they are a resident of CA and have declared that residency.

In this day and age, there's no longer such thing as "Permanent Domicile" (T, F, PH), no?
To clarify my example;
- I am retired & have a home in California
- I buy a home in NV and move in
- I keep my home in California and stay there "occasionally", defined as 49% of the year (or any number <50%)
Does this change things?

 

[Gawernator]

In this day and age, there's no longer such thing as "Permanent Domicile" (T, F, PH), no?
To clarify my example;
- I am retired & have a home in California
- I buy a home in NV and move in
- I keep my home in California and stay there "occasionally", defined as 49% of the year (or any number <50%)
Does this change things?

Which state do you pay taxes in, have a DL in, etc

 

[BONECUTR]

That quoted section says "PC27585 (a) Commencing January 1, 2015, a resident of this state shall not import..."
If AZ or NV is my "Primary" residence, are you suggesting dual residency exists, so state income tax paid in both states?

IANAL but was under the impression that CA considers you a resident if you work/live here no matter for how much of the year you do so.
I do know people who file multiple state tax forms because they work seasonally and live part time in other states.

When the DROS system was original done the seller dropdown had the option for any state. (the penal code does not read that a non resident of CA can't sell in ca only that the transaction must happen in person at the FFL) This is a underground DOJ regulation to require the seller to be a CA resident.

Later there was a run on people with ID's out of state buying and bringing in guns to flip for profit and that Penal code was added to stop that.

 

[BONECUTR]

- I am retired & have a home in California

I'm guessing CA will consider you a CA resident until you sell or long term rent out your CA home.

 

[ButteFlyFisher]

I’ve never bought a gun in another state, but I would guess if you show an Arizona gun store a CA DL they would not sell you a gun?