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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.
Posted >1 y ago
Responses: 10
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.
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.
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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.
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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§ionNum=17000
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
------
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§ionNum=17000
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LT (Join to see)
That is also how i interpret PC 17000. Thank you for providing the link of the DOJ state laws
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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
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
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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.
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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.
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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.
Off the record, nobody is going to check to see if you have "high capacity" magazines.
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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.
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.
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TSgt David L.
It would be an imposition, but I volunteer to "keep" your Glock until you get orders again PO2 (Join to see). I would treat it as if it is mine, meaning it would be as well cared for as my Glock 23 or any other of my small number (Re: I say small in case my Wife is reading this. I've been telling her that we only own 12 firearms for the last 20 years!!!) of guns. I do this as a favor to an active duty service member, but I would do the same for anyone who feels that they just have too many weapons and would feel better if a gun enthusiast would take care of them. Just sincerely trying to help!
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PO2 (Join to see)
Thank you TSgT LaPointe. I'll let you know if I need to take you up on that offer.
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TSgt David L.
You see, I don't. I used to keep track when I was trying to "fit in" but haven't given a schitt for almost 20 years. For security reasons I won't even venture a guess, but I would guess a group of 50 would be able to have one a piece. So knock loudly and announce yourselves clearly. I do carry, and have 1-3 at any one time. Ya'll are welcome to come by for a visit though... LOL
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