PCSing to California, what about my guns?

PO2 Private RallyPoint Member — Sun, 28 Jun 2015 21:38:29 -0400

I recently received orders to California and my favorite piece, a Glock 19 that holds 16 rounds per mag is in question. I read that california has a 10 round max law when importing. Is there something for us active duty guys that exempts us from this madness? Can they go off my home of record; good ol Virginia? Don't want to sell it.

Response by LTC Yinon Weiss made Jun 28 at 2015 10:23 PM

LTC Yinon Weiss — Sun, 28 Jun 2015 22:23:00 -0400

You may be able to store your weapons on base (contact the Provost Marshall), or you can store them outside of the State. Unfortunately, there is no active duty exemption. New York and Hawaii are also tough states to PCS to because of gun control laws.

Response by Capt Seid Waddell made Jun 28 at 2015 10:50 PM

Capt Seid Waddell — Sun, 28 Jun 2015 22:50:26 -0400

It is not worth the penalty to be caught with an illegal gun anywhere. You can lose your right to own guns anywhere for the rest of your life if you are convicted of a felony offense.

In California your magazine capacity is a "wobbler" offense.

Possession of any generally prohibited weapon is a "wobbler" offense. It is punishable by loss of the weapon and:
1. As a misdemeanor, by a minimum three (3) month to a maximum one (1) year jail sentence, or
2. As a felony, by 16 months, two (2) years, or three (3) years in county jail.

It would be better to either sell the gun or have someone out of state keep it for you until you are able to move to a civilized state, IMHO.

Response by Sgt Aaron Kennedy, MS made Jun 29 at 2015 6:35 AM

Sgt Aaron Kennedy, MS — Mon, 29 Jun 2015 06:35:13 -0400

Former gun dealer here.

It is best not to bring them into the state at all if you can avoid it.

Things to consider:

1) The magazines are illegal (over 10 rd). Period. You are not allowed to have them. Don't get caught with them.

2) California has an approved firearms list. If the firearm is not on the list by Model# (not class of weapon), you aren't allowed to have it.

3) There is a registration requirement. See #2.

Using out of state storage is generally the best option.

Response by LTC Private RallyPoint Member made Jun 29 at 2015 12:02 PM

LTC Private RallyPoint Member — Mon, 29 Jun 2015 12:02:23 -0400

I hate PCS'ing to states that are anti-guns. I PCS'd to NY and I had to wait about 7 months to get a pistol permit to then have my hand guns shipped to a gun store to then go through more paperwork to get them back......I would have them in a legal state and wait instead of having them hold onto and charge you storage. And NEVER drive dirty and just hope that you will get them legally later.

Response by CPL S Gibbs made Jun 29 at 2015 12:09 PM

CPL S Gibbs — Mon, 29 Jun 2015 12:09:20 -0400

what guns? Don't give them up whatever you do.

Response by SSG Keith Cashion made Jun 30 at 2015 1:43 PM

SSG Keith Cashion — Tue, 30 Jun 2015 13:43:41 -0400

If you decide to keep the guns, but do not take them to California keep this in mind. If you give them to a friend or family member to store for you...do yourself the best favor you can. Buy a gun safe or protective container that you can leave at the place you want to store them. I know people that have done that, but didn't have them locked up, and ran into trouble with either children getting a hold of them or and in one case the individual that volunteered to store them, did not let my friend know he had a felony convictions...lost the guns. Remember, in the event of a crime or accident involving your guns, you could be held liable. Buy the sare or lock box and keep the access to it controlled by you.

Response by CAPT Kevin B. made Jul 2 at 2015 12:01 AM

CAPT Kevin B. — Thu, 02 Jul 2015 00:01:22 -0400

If your Glock 19 was made in Austria, then it's on the Cali approved list. Make sure you don't have magazines over 10 rounds. Cali has all sorts of "safety" tests including a drop test. Always go to the official source vs. getting opinions which can steer you in the wrong direction. The source is:

http://certguns.doj.ca.gov/

Also handguns must be transported in a locked container. Again use the source:

https://oag.ca.gov/firearms/travel

Check out other FAQs including magazines at: https://oag.ca.gov/firearms/pubfaqs

Roster of Handguns Certified for Sale - Firearms Division - California Dept. of Justice - Office...

Roster of Handguns Certified for Sale - Firearms Division - California Dept. of Justice - Office of the Attorney General

Response by PO1 John Miller made Jul 2 at 2015 1:13 AM

PO1 John Miller — Thu, 02 Jul 2015 01:13:12 -0400

Legally, just buy a few 10 round mags, problem solved.

Off the record, nobody is going to check to see if you have "high capacity" magazines.

Response by SP5 Thomas Jameson made Aug 2 at 2018 11:32 PM

SP5 Thomas Jameson — Thu, 02 Aug 2018 23:32:08 -0400

I’ll take it!!!!

Response by 1st Lt Private RallyPoint Member made Dec 8 at 2019 11:49 PM

1st Lt Private RallyPoint Member — Sun, 08 Dec 2019 23:49:26 -0500

Military exempted
Since orders to California are not necessarily permanent, military are exempt from the new-resident handgun registration. If the service member separates in California such registration would be appropriate at that time. PC 17000(a) (old 12001(n))

(6) He or she moves into this state on or after January 1, 1998,
as a resident of this state.
and PC 17000 (b)

(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United
States, residency shall be deemed to be established when the
individual was discharged from active service in this state.

Source:
https://www.atf.gov/file/117166/download?fbclid=IwAR3StwwVcGJST03NTCYkrEQji70IbpKyRC8EgUgNltcJ96GZrCbfffXvmnA

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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 30515 (old 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.

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.

Source(s):
http://wiki.calgunsfoundation.org/index.php?title=Moving_to_California_with_firearms
http://wiki.calgunsfoundation.org/index.php?title=The_Safe_Handgun_List#Process
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17000

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