Off roster active military purchase into CA?

[Lonster]

Can a handgun with a 10 round mag that is OFF ROSTER, purchased by an active duty military in another state (TX), be transferred into CA?

I did a bunch of searching here (and elsewhere), and have only found a LOT of conflicting information about residency with regard to this question.

From what I have read, it seems that it CAN be done with federal definitions and rules, but not necessarily as it pertains to CA law.

Almost like it's up to the FFL and the loophole they choose?

Any real FFL's here that can accurately comment on this?

Thanks in advance.

 

[RRR70]

What do you mean by transfer? Moving in, or sending to someone? When someone moves to California? Yes, they can bring gun with them. Mag limits enforced. The only exemption are the guns with threaded barrels and revolvers that can shoot shotgun shells. Those are AW.

 

[NATEWA]

Not a FFL.

Off roster handguns can be brought into CA. “Assault pistols” must be made CA legal. Same goes for “assault rifles.”

Magazines must be blocked. Easiest thing to do is insert a plastic rod (cut and make sure it can’t hold more than 10) and rivet the baseplate.

You can transfer an off roster handgun to a family member (has to be a parent, grandparent or child - I think). You have go through a FFl dealer that knows how to do that.

I’m not a lawyer or FFl dealer. Best to check CA DOJ’s website for more info. They have a list of FAQ’s.

 

[Lonster]

I appreciate the info.
The DOJ says one thing and the state info says something else.
It looks to me like it's up the the FFL to decide if they want to do it or not.
Soldier is a CA resident, but has orders that kept him in Texas for 2 years. Military orders are the same as 'a resident of said state', so it all reads a bit confusing.
Both guns have 10 round mags available, so no issues there.
I'll post up the end results when they are known.

 

[Lonster]

After all the reading, asking, checking and forms, the short answer is YES!
If you are stationed in Texas (or most any other state besides CA.), you CAN purchase 'off roster' semi auto hand guns and bring them back into the state of California when you return as a resident, as long as you fill out the CFARS DOJ document and provide the necessary proof that you have completed the firearms safety course or are already a CCW holder. No FFL or gun holding time required.
https://cfars.doj.ca.gov/nrr-rpt
Keep in mind that the 10 round magazine is still considered the maximum capacity in California, but if you purchase the gun during a time when the 10 round mag is NOT the law, more capacity is ok.

You can also TRANSFER the off roster guns to an immediate family member for a $19 fee instead, using the 'Report of Intra-Familial Firearm Transaction' ( https://cfars.doj.ca.gov/iift-rpt ), again with no FFL or hold time.

I got great help and advice from a local shooting range FFL person, so I would suggest creating a relationship with your local gun shop or shooting range person. Seek out someone who teaches CCW and firearms safety because they can be very knowledgeable people in this regard.

Keep in mind that * I * am NOT an expert, and my advice is NOT legal advice. Please make decisions at your own risk and your mileage may vary.

Keep an eye out in the 'pic of your latest purchase' thread for the latest acquisitions.

 

[Wolf]

When I moved back to CA from TX, I brought my Glock 17 gen 4.

Just submitted that form and that was it.

For some reason, I think I mailed in the form though, rather than submit online. And it took months before I got a response saying they're received/accepted my form. I dunno, it was a couple years ago.

 

[Lonster]

Keep an eye out in the 'pic of your latest purchase' thread for the latest acquisitions.

Pic Posted.

 

[ctwo]

sounds illegal

 

[Lonster]

Perfectly legal. That's why the Department of Justice has forms for it.

 

[splat]

you CAN purchase 'off roster' semi auto hand guns and bring them back into the state of California when you return as a resident, as long as you fill out the CFARS DOJ document and provide the necessary proof that you have completed the firearms safety course or are already a CCW holder.

Not exactly true. A FSC is only needed for transfer of firearm into your name. A new resident does not need to provide a FSC to complete the New Resident Firearm Ownership Report. CCW is an exemption for the FSC if transferring the firearm into your name. But in this case, it'll be useless.

You can also TRANSFER the off roster guns to an immediate family member for a $19 fee instead, using the 'Report of Intra-Familial Firearm Transaction' ( https://cfars.doj.ca.gov/iift-rpt ), again with no FFL or hold time.

Let's clarify this some more, too. Immediate family member as defined is only to your grand child, child, parent or grandparent. So although your twin is your immediate family member, OPLAW doesn't apply to that transaction therefore it must be done through an FFL. Any interstate transaction must also go through an FFL. OPLAW only works if both parties are CA residents.

I got great help and advice from a local shooting range FFL person, so I would suggest creating a relationship with your local gun shop or shooting range person. Seek out someone who teaches CCW and firearms safety because they can be very knowledgeable people in this regard.

The kid at your local FFL and CCW instructors often give very bad advice. I see and hear it all the time. Hell, go over to the CAGuns subreddit and you'll see what I'm talking about.

 

[splat]

Saw your post and noticed you're using Hornady Critical Defense or Duty. They use to be one of my go-to brands, but the covid era really fucked up their QC or something because they seem to have a lot of failure and a lot of shit-crimps.

Congrats on the new purchase, hope you enjoy it!

 

[Lonster]

Saw your post and noticed you're using Hornady Critical Defense or Duty. They use to be one of my go-to brands, but the covid era really fucked up their QC or something because they seem to have a lot of failure and a lot of shit-crimps.

Congrats on the new purchase, hope you enjoy it!

I just got home and was going to respond to your points made above, but because this is not something that is 'cut and dried', there can be more than one way of doing it or more than one outcome.

The Hornaday is pictured because it was all I could get my hands on last time I bought ammo.
This XD shoots very nicely. I like it better than my son's Hellcat. Mostly because the trigger/pull is so much better.