Difference between revisions of "Moving to California with firearms"

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(New page: == Moving to California with Firearms == A person moving to California may bring his/her firearms. === Long Guns === Long guns, not California "assault weapons", are entirely unregulated. ...)
 
(Handguns)
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=== Handguns ===
 
=== Handguns ===
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==== Handguns are exempt from Roster ====
 
Handguns moved here from out of state are '''exempt''' from [http://wiki.calgunsfoundation.org/index.php/The_Safe_Handgun_List California's Roster of Handguns]
 
Handguns moved here from out of state are '''exempt''' from [http://wiki.calgunsfoundation.org/index.php/The_Safe_Handgun_List California's Roster of Handguns]
  
 +
==== Handguns must not be 'assault weapons' ====
 +
Handguns must not be California 'assault weapons' per Penal Code 12276.1
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  (4) A semiautomatic pistol that has the capacity to accept a
 +
detachable magazine and any one of the following:
 +
  (A) A threaded barrel, capable of accepting a flash suppressor,
 +
forward handgrip, or silencer.
 +
  (B) A second handgrip.
 +
  (C) A shroud that is attached to, or partially or completely
 +
encircles, the barrel that allows the bearer to fire the weapon
 +
without burning his or her hand, except a slide that encloses the
 +
barrel.
 +
  (D) The capacity to accept a detachable magazine at some location
 +
outside of the pistol grip.
 +
  (5) A semiautomatic pistol with a fixed magazine that has the
 +
capacity to accept more than 10 rounds.
 +
 +
====Handguns must be registered ====
 
If one brings handguns into the state when moving here, one is defined to be a '''personal handgun importer'''. [http://caselaw.lp.findlaw.com/cacodes/pen/12070-12086.html PC 12072(f)(2)] requires
 
If one brings handguns into the state when moving here, one is defined to be a '''personal handgun importer'''. [http://caselaw.lp.findlaw.com/cacodes/pen/12070-12086.html PC 12072(f)(2)] requires
 
  (2) (A) On or after January 1, 1998, within 60 days of bringing a
 
  (2) (A) On or after January 1, 1998, within 60 days of bringing a

Revision as of 00:27, 14 December 2008

Moving to California with Firearms

A person moving to California may bring his/her firearms.

Long Guns

Long guns, not California "assault weapons", are entirely unregulated.

Handguns

Handguns are exempt from Roster

Handguns moved here from out of state are exempt from California's Roster of Handguns

Handguns must not be 'assault weapons'

Handguns must not be California 'assault weapons' per Penal Code 12276.1

  (4) A semiautomatic pistol that has the capacity to accept a
detachable magazine and any one of the following:
  (A) A threaded barrel, capable of accepting a flash suppressor,
forward handgrip, or silencer.
  (B) A second handgrip.
  (C) A shroud that is attached to, or partially or completely
encircles, the barrel that allows the bearer to fire the weapon
without burning his or her hand, except a slide that encloses the
barrel.
  (D) The capacity to accept a detachable magazine at some location
outside of the pistol grip.
  (5) A semiautomatic pistol with a fixed magazine that has the
capacity to accept more than 10 rounds.

Handguns must be registered

If one brings handguns into the state when moving here, one is defined to be a personal handgun importer. PC 12072(f)(2) requires

(2) (A) On or after January 1, 1998, within 60 days of bringing a
pistol, revolver, or other firearm capable of being concealed upon
the person into this state, a personal handgun importer shall do 
one of the following:
  (i) Forward by prepaid mail or deliver in person to the  
Department of Justice, a report prescribed by the department  
including information concerning that individual and a description
of the firearm in question.
  (ii) Sell or transfer the firearm in accordance with the
provisions of subdivision (d) or in accordance with the provisions
of an exemption from subdivision (d).
  (iii) Sell or transfer the firearm to a dealer licensed pursuant 
to Section 12071.
  (iv) Sell or transfer the firearm to a sheriff or police
department.

Note that the requirement is to do one of those things within 60 days of bringing the gun into the state, not the date you move here. So long as you owned the handgun legally out of state, you may move it here at any time after you have relocated to California.

The registration form

CA-DOJ keeps many forms on line. The .PDF version of the personal handgun importer form, referenced in (2)(A)(i), above, is New Resident Handgun Ownership Report.

Magazines must be 10 rounds or fewer

With the law as it is in December 2008, it is illegal to bring large-capacity magazines, magazines holding 11 or more rounds, into California, even if the magazines and gun using them were legally owned outside of California, and even if there are no 10-round or fewer magazines made for your gun.

This is true for both long guns and handguns.