The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old June 18, 2010, 12:34 AM   #1
Massan
Senior Member
 
Join Date: June 27, 2005
Posts: 172
CA importing question

I'm in the military and my home of residence is in Virginia. I would like to buy a HK45C(legal in VA) but I am currently stationed in CA(pistol not on DOJ list) so I cannot buy it there. Am I allowed to purchase the pistol in VA and import it to CA and register it there?
Massan is offline  
Old June 18, 2010, 03:02 AM   #2
natman
Senior Member
 
Join Date: June 24, 2008
Posts: 1,375
I'm pretty sure the approved handgun list is for sales in CA, not a list of what you can bring in. This assumes that the handgun in question is otherwise legal in CA, no hicap mags, not an "assault weapon", etc.

I'd recommend that you clear the gun with the CA DOJ before you buy it:

Bureau of Firearms
P.O. Box 820200
Sacramento, CA 94203-0200

http://ag.ca.gov/firearms/

You will have to register your handguns when you arrive. Here's the procedure:

http://ag.ca.gov/firearms/ab991.php

and a link to the form:

http://ag.ca.gov/firearms/forms/pdf/ab991frm.pdf

Best of luck.
natman is offline  
Old June 18, 2010, 11:20 AM   #3
EOD Guy
Senior Member
 
Join Date: February 18, 1999
Location: Concord, CA, USA
Posts: 726
As far as BATF regulations are concerned, you are a resident of California as long as you are stationed there under military orders. You cannot legally purchase firearms in any other State, including your home of record. Your home of record is not your place of residence in this case.
EOD Guy is offline  
Old June 18, 2010, 04:02 PM   #4
NavyLT
Junior member
 
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
+1 what he said! ^^^^^
NavyLT is offline  
Old June 18, 2010, 06:46 PM   #5
Aguila Blanca
Senior Member
 
Join Date: September 25, 2008
Location: CONUS
Posts: 6,221
Quote:
Originally Posted by EOD Guy
As far as BATF regulations are concerned, you are a resident of California as long as you are stationed there under military orders. You cannot legally purchase firearms in any other State, including your home of record. Your home of record is not your place of residence in this case.
Do you have a link to a citation on that? Granted, I've been out for over 40 years, but back then my legal residence remained the state in which I was inducted, regardless of where I was stationed.
Aguila Blanca is offline  
Old June 18, 2010, 06:59 PM   #6
ScottRiqui
Senior Member
 
Join Date: January 27, 2010
Location: Norfolk, VA
Posts: 2,905
I'm currently on active duty. You can keep your residency of whatever state you were living in when you joined up, but if you ever change your state of residency to the state where you're currently stationed, you can't change it back unless you're later stationed in your home state again.

I was a Texas resident the whole time I was in Florida for Boot Camp and school, then while I was in South Carolina for more school and back to Florida to OCS and flight training. I was still a Texas resident when I was transferred to Virginia, but I changed my residency to Virginia for financial reasons (in order to get in-state tuition rates for my wife). Now, I'm stuck with Virginia residency until I'm either transferred to another state or I retire back to Texas.

But note that "residency" in this case is for things like tuition rates, state taxes, etcetera. The ATF may work with a different definition.
ScottRiqui is offline  
Old June 18, 2010, 07:00 PM   #7
Hkmp5sd
Senior Member
 
Join Date: December 15, 2001
Location: Winter Haven, Florida
Posts: 4,303
Quote:
Do you have a link to a citation on that?
[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

Your home of record is not your state of residence unless you physically live there and commute to your duty station in another state.


Quote:
ATF HomeFirearmsFrequently Asked QuestionsUnlicensed Persons


Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
http://www.atf.gov/firearms/faq/unli...tate-residency
__________________
NRA Certified Instructor: Pistol, Rifle, Shotgun, Home Safety, Personal Protection, Range Safety Officer

NRA Life Member
Hkmp5sd is offline  
Old June 18, 2010, 08:50 PM   #8
NavyLT
Junior member
 
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Straight from the statutes:
http://www.law.cornell.edu/uscode/71...1----000-.html

18 USC 921:

§ 921. Definitions
(b) For the purposes of this chapter, a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.
NavyLT is offline  
Old June 19, 2010, 01:09 AM   #9
Massan
Senior Member
 
Join Date: June 27, 2005
Posts: 172
Well sucks for me. Figure since my state taxes were still VA it would allow me, guess I'll wait till CA DOJ clears it(if ever).
Massan is offline  
Old June 19, 2010, 09:57 AM   #10
EOD Guy
Senior Member
 
Join Date: February 18, 1999
Location: Concord, CA, USA
Posts: 726
Home of record, domicile and state of residence are different things and they may or may not all be the same State. The residency statement in 27CFR only pertains to purchasing firearms. It does not affect any other protections under the Soldiers and Sailors Civil Relief Act, or the legislation that superseded that act.
EOD Guy is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 04:45 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.08411 seconds with 7 queries