June 18, 2010, 12:34 AM | #1 |
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Join Date: June 27, 2005
Posts: 171
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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?
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June 18, 2010, 03:02 AM | #2 |
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Join Date: June 24, 2008
Posts: 2,607
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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. |
June 18, 2010, 11:20 AM | #3 |
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Join Date: February 18, 1999
Location: Concord, CA, USA
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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.
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June 18, 2010, 04:02 PM | #4 |
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Join Date: January 25, 2006
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+1 what he said! ^^^^^
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June 18, 2010, 06:46 PM | #5 | |
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Join Date: September 25, 2008
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Quote:
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June 18, 2010, 06:59 PM | #6 |
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Join Date: January 27, 2010
Location: Norfolk, VA
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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. |
June 18, 2010, 07:00 PM | #7 | ||
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Quote:
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:
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June 18, 2010, 08:50 PM | #8 |
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Join Date: January 25, 2006
Location: Oak Harbor, WA
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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. |
June 19, 2010, 01:09 AM | #9 |
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Join Date: June 27, 2005
Posts: 171
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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).
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June 19, 2010, 09:57 AM | #10 |
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Join Date: February 18, 1999
Location: Concord, CA, USA
Posts: 726
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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.
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