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

[ClodoGlasses]

YES! you "can".

No, you can't legally.

You said it all lol

 

[Skilly]

To be fair, if you have a dual residency and a home residence in AZ you could buy it and store it there, just cant bring it back to CA.

 

[RickD427]

Please see Penal Code section 27585 for the prohibition and section 27590 for the felony penalty involving a handgun.

 

[ar15robert]

To be fair, if you have a dual residency and a home residence in AZ you could buy it and store it there, just cant bring it back to CA.

If you have az id sure.same for all the other fun stuff as long as it stays at your az residence.Think rifles can be imported of compliant and through FFL??

And lastly why would you buy a glock in a free state when you could buy a better handgun??

 

[NorCalBusa]

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

Let's say its Nevada- as they have no state income tax. (I think AZ does, but far less than CA).

 

[NorCalBusa]

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.

I assume there must be some minimum criteria, no? Eg: Worker from out of state comes to CA to work/help out a branch in CA- they'll get a state tax bill for a week's (or month's or day's) work?

 

[Gawernator]

I assume there must be some minimum criteria, no? Eg: Worker from out of state comes to CA to work/help out a branch in CA- they'll get a state tax bill for a week's (or month's or day's) work?

What he said was overbroad. If you aren’t a CA resident but have CA Income you pay nonresident tax on the income generated from CA. The residency test depends on where your actual domicile is. Where do you have your DL, voter registration, live most of the time, car registrations, business/work etc.

Even just living in another state 51% of the time isn’t the criteria. It has to be your true home where you intend to return to. But paying tax on your rental property in CA where you also vacation 10% of the year wouldn’t make you a CA resident automatically.

And out of state residents can’t PPT an off roster handgun here either

 

[NorCalBusa]

What he said was overbroad. If you aren’t a CA resident but have CA Income you pay nonresident tax on the income generated from CA. The residency test depends on where your actual domicile is. Where do you have your DL, voter registration, live most of the time, car registrations, business/work etc.

Even just living in another state 51% of the time isn’t the criteria. It has to be your true home where you intend to return to. But paying tax on your rental property in CA where you also vacation 10% of the year wouldn’t make you a CA resident automatically.

And out of state residents can’t PPT an off roster handgun here either

LOL! Why is everyone (in this thread) trying to relocate my ass to California?
For the sake of argument let's assume:

1. I moved to NV
2. I do my Fed tax return with the NV addy
3. I also have a dwelling in CA
4. I do not rent out #3 or
5. I do rent it
6. I pay property taxes on it (#3)
7. I spend <50% my time at that dwelling (#3)

 

[ButteFlyFisher]

LOL! Why is everyone (in this thread) trying to relocate my ass to California?
For the sake of argument let's assume:

1. I moved to NV
2. I do my Fed tax return with the NV addy
3. I also have a dwelling in CA
4. I do not rent out #3 or
5. I do rent it
6. I pay property taxes on it (#3)
7. I spend <50% my time at that dwelling (#3)

Which state is your drivers license from?
Which state are you registered to vote?
Which state is your car registered in?

 

[Warpspeed]

who/what is cory and trevor

You absolutely made my day - Gold Star has been awarded

 

[Gawernator]

LOL! Why is everyone (in this thread) trying to relocate my ass to California?
For the sake of argument let's assume:

1. I moved to NV
2. I do my Fed tax return with the NV addy
3. I also have a dwelling in CA
4. I do not rent out #3 or
5. I do rent it
6. I pay property taxes on it (#3)
7. I spend <50% my time at that dwelling (#3)

If you are a resident of Nevada then you follow their laws along with federal. You wouldn't register the Gen 6 Glock with CFARS because you're not a CA resident. If you are worried about registration in CA.... then you have to wonder why the person doesn't know their domicile lol.

 

[NorCalBusa]

Which state is your drivers license from?
Which state are you registered to vote?
Which state is your car registered in?

Was CA, now NV
None at the moment
NV

 

[Gawernator]

Was CA, now NV
None at the moment
NV

Enjoy all the off roster guns!

 

[Boomhauer]

Was CA, now NV
None at the moment
NV

What’s your favorite color, what are you wearing, boxers or briefs?

 

[6XRAY]

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.

The key is you have to have an AZ drivers license to go along with the AZ CCW. Then you are in and out as far as the purchase goes. An AZ FFL won't sell you a gun with a CA drivers license.

 

[MarkH]

The key is you have to have an AZ drivers license to go along with the AZ CCW. Then you are in and out as far as the purchase goes. An AZ FFL won't sell you a gun with a CA drivers license.

Is that correct? Isn’t there a federal exemption that allows a California resident with a second home in AZ, e.g., to purchase a gun in AZ with a CA license and some proof showing ownership of the AZ second home? Of course you’d have to leave the gun in your AZ home and couldn’t bring it into CA if off-roster.

 

[Boomhauer]

Is that correct? Isn’t there a federal exemption that allows a California resident with a second home in AZ, e.g., to purchase a gun in AZ with a CA license and some proof showing ownership of the AZ second home? Of course you’d have to leave the gun in your AZ home and couldn’t bring it into CA if off-roster.

nah to buy from a store/ffl in AZ in need a AZ ID or Drivers license.

 

[Gawernator]

Is that correct? Isn’t there a federal exemption that allows a California resident with a second home in AZ, e.g., to purchase a gun in AZ with a CA license and some proof showing ownership of the AZ second home? Of course you’d have to leave the gun in your AZ home and couldn’t bring it into CA if off-roster.

No. Federal law allows you to purchase guns in the state you are currently a resident of, but CA law bans all residents from buying out of state and everyone knows it so they aren't selling you a gun (though they can mail it to a CA FFL). Also owning a home doesn't make you a resident of that state. Your legal residence is wherever your main domicile is.

 

[Skilly]

No. Federal law allows you to purchase guns in the state you are currently a resident of, but CA law bans all residents from buying out of state and everyone knows it so they aren't selling you a gun (though they can mail it to a CA FFL). Also owning a home doesn't make you a resident of that state. Your legal residence is wherever your main domicile is.

This isn't correct.

If you can show residency (ie a deed and a power bill, water bill, garbage etc) that is the burden of proof for getting an AZ state ID; same for NV (I have a second home there). And you can purchase a firearm with that proof and legally keep it at your AZ residency. Having a second residence in another state is a thing.

That is not grounds for you to take that gun and register it later at your domicile in CA though; thats not a thing.

 

[Gawernator]

This isn't correct.

If you can show residency (ie a deed and a power bill, water bill, garbage etc) that is the burden of proof for getting an AZ state ID; same for NV (I have a second home there). And you can purchase a firearm with that proof and legally keep it at your AZ residency. Having a second residence in another state is a thing.

That is not grounds for you to take that gun and register it later at your domicile in CA though; thats not a thing.

Then as a CA resident you'd be breaking Penal Code § 27585 https://law.justia.com/codes/califo...division-6/chapter-4/article-1/section-27585/

So I guess you're right you might be able to get a FFL to sell to you however you've committed either a misdemeanor or felony depending on how they decide to charge you.

Handguns or Centerfire Semiautomatic Rifles: A violation involving a handgun or centerfire semiautomatic rifle is a wobbler, meaning it can be charged as either a misdemeanor or a felony.

• As a misdemeanor: Punishable by up to 1 year in county jail and/or a fine up to $1,000.
• As a felony: Punishable by imprisonment under Penal Code § 1170(h) (county jail/state custody) for up to 3 years.
  
  See: https://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1601-1650/ab_1609_bill_20140206_introduced.html

If you have a home in CA and a CA driver's license they will consider you a resident - see: "Isn’t there a federal exemption that allows a California resident with a second home in AZ, e.g., to purchase a gun in AZ with a CA license and some proof showing ownership of the AZ second home?"

EDIT: Also see this comment I just found from a lawyer: "
Before I give my unnecessarily explanation, please understand that under the law residency is where you intend to permanently live, now where you intend to visit and then go elsewhere. Federal law recognizes that people may have multiple places where they intend to live permanently. California law, not so much.


Normally under Penal Code section 27585 a firearm imported into the state must go through a dealer resulting in a dealer transaction. An exception to this is for “a personal firearms importer” who does the things in Penal Code section 27560. Penal Code 27590 says a violation of Penal Code 27585 involving a handgun is a misdemeanor or a felony punishable by up to three years in county jail.


So who’s a personal firearms importer?


Penal Code section 17000 says:

(a) As used in this part, until January 1, 2014, any reference to the term “personal firearm importer” shall be deemed to mean “personal handgun importer” and, on and after January 1, 2014, any reference to the term “personal handgun importer” shall be deemed to mean “personal firearm importer.” A “personal handgun importer,” until January 1, 2014, and commencing January 1, 2014, a “personal firearm importer” means an individual who meets all of the following criteria:

(1) The individual is not a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.

2) The individual is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.

(3) The individual is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(4) The individual is the owner of a firearm.

(5) The individual acquired that firearm outside of California.

(6) The individual moved into this state on or after January 1, 1998, in the case of a handgun, or in the case of a firearm that is not a handgun, on or after January 1, 2014, as a resident of this state.

(7) The individual intends to possess that handgun within this state on or after January 1, 1998, or in the case of a firearm that is not a handgun, he or she intends to possess that firearm within this state on or after January 1, 2014.

(8) The firearm was not delivered to the individual by a person licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4, who delivered that firearm following the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4.

(9) The individual, while a resident of this state, had not previously reported ownership of that firearm to the Department of Justice in a manner prescribed by the department that included information concerning the individual and a description of the firearm.

(10) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.

(11) The firearm is not an assault weapon.

(12) The firearm is not a machinegun.

(13) The person is 18 years of age or older.

(14) The firearm is not a .50 BMG rifle.

(15) The firearm is not a destructive device.

(b) For purposes of paragraph (6) of subdivision (a):

(1) Except as provided in paragraph (2), ** residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.**

(2) In the case of a member of the Armed Forces of the United States, residency shall be deemed to be established when the individual was discharged from active service in this state.

So Vehicle Code section 12505 says how residency is determined:

(a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. “State of domicile” means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.

Prima facie evidence of residency for driver’s licensing purposes includes, but is not limited to, the following:

(A) Address where registered to vote.

(B) Payment of resident tuition at a public institution of higher education.

(C) Filing a homeowner’s property tax exemption.

(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

So if California decides that you really didn’t become a resident of another state because you really intended to return back to California, using any number of factors such as the ones above, then you’re not a personal firearms importer and you’ve imported a firearm into California without using a dealer and have committed a misdemeanor or a felony."