Everything You Need To Know About Coming to CA With Firearms!

so you're moving to California and you have firearms and you have some questions about what exactly you can do what you can't do so in this video I'm gonna break down what exactly you can bring into the state of California in regards to firearms ammunition magazines things like that I'm gonna talk about how to actually transport those items into the state of California and some things you should consider and then I'm also gonna cover okay once you have the firearms in the state of California once you change over your residency to being a California resident what exactly you should do then so if you're new to the channel go ahead and hit the subscribe button and also hit the notification bell I make a lot of videos relating to firearms laws in the state of California I am a licensed of practicing attorney in the state of California but this video no way is legal advice if you have specific questions you should always reach out to an attorney in your local area and they can give you guidance and tell you what the best practices is so first and foremost what can you bring into the state of California what firearms and what items can you bring into the state of California so if you're not a resident in the state of California and you say you're coming from another state you can bring handguns shotguns and rifles into the state of California but there are some caveats that go along with that so first let's talk about it rifles and let's say you have a rifle that you legally purchase in another state but that the state of California considers it an assault weapon under their statutory language so you may have bought a rifle in another state but here in the state of California you are actually not allowed to have that type of rifle because it's considered an assault weapon and therefore if you were to import or transport it into the state of California you would be violating California law so in the state of California it rifle is considered a assault weapon if it is a cent of my automatic centerfire rifle that has a detachable magazine and has any of these offending features and so in the language in the state of California there is a list of offending features that any one of those on your firearm makes them in the salt weapon so if your rifle has a collapsible stock or telescoping stock if it has a pistol grip if it has a forward pistol grip or if it has a flash hider it is considered an assault weapon if it has any one of those offending features it is considered an assault weapon and therefore you cannot bring it into the state of California because you would be violating California law along these lines there are other rifles that are considered assault weapons as well and those are semi-automatic centerfire rifles that do not have a detachable magazine they have a fixed magazine but they have the capacity to take a magazine that has more than 10 rounds so essentially if you put a magazine in it that has more than ten rounds is then considered an assault weapon so for quick reference I have one of my California compliant rifles right here I have this is a California compliant ar-15 and this is what we considered a featureless rifle so this falls under the first section of that assault weapons language because it does not have a folding or telescoping stock it has a fixed stock it does not have a pistol grip because it has this fin grip which does not allow me to get my hand around the full pistol grip and get a full pistol grip it has a compensator on here it does not have a flash hider and this is a little bit of a gray area but essentially the way that the language reads I have a hand stop here this is not a forward pistol grip I cannot get a pistol grip with this the intent of this is a hand stop so I would be in compliance with California law now that's a little bit of a gray area but as I read the language and you should read the language for yourself to make this determination for yourself I believe this is a California compliant featureless rifle now there are other types of California compliant rifles which are considered fixed mag rifles or mag locked rifles I don't personally have any mag lock rifles because I'm not a fan of mag lock rifles I don't find the utility in them I prefer featureless rifles but essentially a mag lock rifle would have a mechanism here that would lock the upper and lower and release the upper and lower and also there would be a magazine lock on here and if you had that type of configuration then you could have a forward pistol grip you could have a flash hider you could have a pistol grip and you could have a collapsible stock so that's just some general information and a quick overview of what exactly assault weapons are and say California and how you can configure your rifle beforehand before you come into the state of California to being compliance with California's laws so next let's look at magazines and bringing certain types of magazines in the state of California you may have purchased what are considered standard capacity magazines outside of the state of California and now you wonder if you can bring in these two two magazines into the state of California so what we're talking about here are any magazine that has a capacity of taking more than ten rounds in the state of California any magazine that has the capacity to accept more than ten rounds is considered a large capacity magazine which is a legal definition in the state of California and therefore you are not allowed to import it and you are not technically allowed to possess it with some caveats because there were some things that happened in the state of California in regard to the freedom week you may have heard of freedom week but generally right now if you are an out-of-state resident and you are coming into the state of California you're moving to the state of California you cannot bring in what are considered large capacity magazines now here I have a just standard 30-round PMAG ar-15 P mag and this holds 30 rounds so if you are a non-resident you have one of these and you're moving to the state of California you cannot bring these types of magazines in because they are considered large capacity magazines in the state of California because they can accept more than ten rounds similarly along those lines if you let's say you have a standard Glock 19 and you have a magazine that came standard with that and it has 15 rounds this is also considered a large capacity magazine in the state of California and therefore you are not permitted to import it into the state of California so if you're coming into the state of California and you have any of these large capacity magazines or what or magazines that came standard with your firearms you want to make sure that you are not bringing those into the state of California and I recommend that you do not bring those into the state of California because you'll be hit with some large penalties in regards to importing large capacity magazines and the reason why I have this 15 round and this 30 round PMAG is because I got these during California's freedom weeks and so it allowed this period of what kind of grace period where we could get these and now our possession of these is legal because we got them during a period in CA California where the language restricting large capacity magazines was lifted so that's why I have those right now but otherwise you cannot bring those into the state of California and you cannot purchase those in the say California for example right now in the state of California we can't go out and purchase these large capacity magazines so next let's talk about off roster handguns this is a major question that comes in about non-residents someone who is a non-resident moving to the state of California and maybe you purchased a handgun that is not on the California roster if you're not familiar with California laws there is a roster of permissible handguns that California residents are able to buy now there's a little bit of nuance to that because we can purchase through private party transfers or inter familiar transfers offer us their handguns but generally it's very hard for us to get our hands on those we just can't walk into a gun store and purchase an off ross or handgun so then that brings in the question okay so maybe you bought a handgun out of state that is not on the California roster can you bring that farm into the state of California and the answer is yes if you purchase that firearm legally in another state you can bring that handgun into the state of California even though it is off roster so my general recommendation is if you are a non-resident if you're outside say California and you're planning to move to the state of California I would highly recommend you look at the roster of handguns in the state of California and if there is a handgun that is not on that list that you want probably it is best practice to go ahead and get your handle on that now while you're outside the state of California because once you become a resident state of California it is gonna become very hard for you to get your hands on a off roster handgun for example in the state of California so safety check there's no magazine in it no ammunition in it this is a gen 3 Glock 19 in the state of California we are pretty much restricted to just Gen 3 Glocks and specific types of Glocks there are other Glocks that are not even on the roster of handguns so in the state of California resident like me who's not a law enforcement or doesn't have an exemption I can only get my hands on gen 3 Glock 19 so I can't go get a Gen 4 Gen 5 if you're outside the state of California and you're a non-resident and you're planning to move in and let's say you want a Gen 5 Glock it might be best practice for you to go ahead and buy that gentle jun 5 o'clock now and then come into the state of california and then register it and we'll talk about registering your firearms with the DOJ in the state of California later if you don't do that what you're looking at is there's going to be a limited supply of legally purchased off roster handguns that you can get your hands on and also for a normal resident like me and you to get your hands on one of these off roster handguns it's gonna be very expensive there's a premium on Cal guns and other websites for off roster handguns so let's say this was a Gentile Glock maybe in another state you could get it for maybe just five hundred dollars but in the state of California you may pay a thousand dollars to get your hands on a Gen 5 Glock that is off roster so next let's talk about ammunition and bringing ammunition to state of California so California has a new law and there were some laws that took effect fairly recently about ammunition about purchasing ammunition through a licensed vendor and importing ammunition into the state of California so if you're a non-resident moving to the state of California you cannot bring ammunition into the state of California because that is considered importation any importation of ammunition into the state of California has to go through a licensed vendor that is the way the language is written even though you are a non-resident coming into the state of California any imported ammunition into the state of California has to go through a licensed vendor so what you could do is if you really wanted if you had a lot of ammunition you didn't want to sell it prior to moving to the state of California you could transfer it to an FFL to a licensed dealer who has a license to sell ammunition you could transfer it to that FFL dealer but it's probably gonna be at a high premium and it's gonna be very expensive but here's a good place to kind of step aside and talk about how it actually is to buy ammunition state California right now the way our laws are set up we have to go through a background check to purchase ammunition in the state of California and there are also additional fees and an eligibility check so there's a $19 eligibility check for a first time buyer and also a $1 recurring if you are in the system already so there's a lot more to that but just keep in mind if you are going to come into the state of California and you plan on purchasing ammunition it is a lot harder right now to buy ammunition in the state of California than it is in other states so now that we talk generally about what you can and can't bring into the state of California let's talk about how exactly you bring these items or how you transport these items into the state of California so really what this is going to depend on is the mode in which you are planning on coming into the state of California and how you're planning on transporting those firearms what I'm gonna say generally real quick the general rule for flying with firearms or bringing in firearms in the state of California when you are flying using an airline what you're gonna want to do is you're going on check those that airline specific policies about how you are going to transport that firearm and bring it into the state of California so for a quick reference I went to law school in the state of Pennsylvania and when I was in Pennsylvania I purchased some firearms I purchased some handguns and when I was moving back to the state of California I decided to fly so doing that I flew American Airline from Pennsylvania to California and in doing so I had to comply with American Airlines policies and they had specific rules about how to do that tsa had specific rules about how doing that what you are generally going to need are what TSA generally requires are specifically TSA compliant I'm locked containers so for example I put one of my handguns in this specific container it is a metal container and has a locking key so it flew specifically in this locked container in a TSA compliant container along with that generally what's required is there's an additional fee for transporting those types of firearms so you will want to look into that if you are planning on flying with your farms check the airline's websites about how specifically you do that so next let's talk about well what if you are planning to drive into the state of California and so when you're driving to the state of California the best practice is to comply with California's transportation laws in regards to firearms so if you want a comprehensive review of how to transport firearms in state of California I have another video up on my channel and you can check that out and I'll put a card up here also to link you to that video but generally the best practice is to transport a firearm unloaded in a locked container now there is some nuance with handguns rifles shotguns about how exactly their trains can be transported in state of California but my general advice to you is if you're coming into the state of California and you're transporting them it is probably going to be best practice for you to have the firearms in a firearm unloaded in a locked container if you have the capability of doing that so with this I think it's important to reference that a locked container is not your glove box it is not your utility box sometimes it can be a trunk but there are some additional caveats to that I would say also don't have a magazine in any of the locked containers this is just to avoid any or any debate if you or get stopped when crossing the border anything like that you don't want to get into a legal argument with any of these individuals I think it's just best practice just to not even get into those debates with them talking about like statutory language or what exactly is unloaded and if it can be in a container versus not I think it's just best practice for you to just not even have the magazine in there just put it in a different container or different location just don't have it in that locked container with the unloaded firearm so nuts let's talk about okay now you have gotten your firearms into the state of California you've complied with all the rules about what you can bring in and you brought them in in the right way so now you go ahead and you register as a California resident what are the steps now now that you're a California resident and now you have brought these firearms from out of state in the state of California what are you required to do and so what you're required to do under California Penal Code sections one seven zero zero zero and section two seven five six zero there is a language that any person who moves into California with a firearm is conserved a personal firearm importer and as a personal firearm importer under the language after 60 days you are required to actually register those firearms with the California DOJ so I'll actually put a link down the details to this actual form if you want to fill it out or like if you need to fill it out but if you want to look it up for yourself it's called the new resident report of firearm ownership and what you do is you fill this out you put all the information for the firearms that you brought into the state of California you have to pay a $19 fee along with that form and is sent to the California Department of Justice so you may say okay sixty days I didn't know about that maybe you're watching this video now and you moved into the state of California brought firearms in the state of California but you're beyond the 60 days and you're worried about okay well am I gonna get penalized if I go ahead and file this form am I in violation of California law so under Penal Code 275 7-0 and there's part a and B what this Penal Code in the state of California says essentially is if if you're beyond the 60 days and you go ahead and fill out this form and send it to the DOJ they cannot penalize you for self-reporting essentially they cannot make it criminalised because you've reported yourself so if you're beyond the 60 days and you haven't reported yet and you want to and you're scared to report because you're afraid something's gonna happen to you nothing's going to happen to you they cannot penalize you for self reporting so hopefully that gave you guys a general idea of how you can bring firearms in the state of California if you're planning on moving into the state of California and you're planning on bringing firearms how you can exactly go about doing that what you can bring what you can and can't do how to bring it things of that nature this is in no way comprehensive there's a lot of nuance to that so make sure you do your research for yourself if you like this video and you'd like to support the channel the best way to do that is to join my patreon and I'll put a link down the details to my patreon page another way you can support the channel is using the various affiliate links also found in the details so as always thanks you guys for watching don't forget to Like subscribe and never forget a nation the droughts great distinction between scholars and lawyers of its laws run by cowards and wars fought by fools

Channel: Armed Scholar

Views: 8,412

Keywords: moving to california, moving to california with guns, moving to ca with gun, moving out of california, california gun laws, ca gun laws, military moving in california, moving to ca, coming to california with firearms, coming to california, firearms, off roster handgun, off roster guns, best off roster handguns, buying an off roster handgun in california, getting an off roster handgun

Id: _ucj6gSo2Rk

Length: 16min 33sec (993 seconds)

Published: Fri May 01 2020