Posted: 9/25/2013 10:35:47 PM EDT
| I apologize if this has already been addressed, but can an out of state resident register an Ar15 under the new law? There are only a handful of locations I can work in in my profession and they include SF and LA. However, it would be a few years before I might move there. Kind of like insurance to ensure I could own an AR there if I ended up moving there. |
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my quick review of the statutes revealed that "persons" who lawfully possess AWs must register them (or otherwise dispose of them). there was no use of "residents." according to the statute, if you are here in CA and lawfully possess that AW here in CA, you can submit the registration application. use a CA address if you can; I suspect they would reject an out-of-state request.
there are two caveats: 1) there might be some case on point requiring residency, I did not look for any. 2) PC section 30925, a more specific statute addressing people moving into the state, could be read as a superseding, and would thus control. in that case, your prior registration could be in doubt. 30925. A person moving into this state, otherwise in lawful possession of an assault weapon, shall do one of the following: (a) Prior to bringing the assault weapon into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (b) The person shall cause the assault weapon to be delivered to a licensed gun dealer in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6, the dealer shall redeliver that assault weapon to the person. If the licensed gun dealer is prohibited from delivering the assault weapon to a person pursuant to this section, the dealer shall possess or dispose of the assault weapon as allowed by this chapter. sooooooooo, if you have anywhere in CA to reside while you possess and register your AWs, go ahead and do it. it is lawful, and can't really cause any harm AFAIK. whether or not that registration will withstand a prosecutor and a jury at some unlikely point in the future, is unknown to me. if you want a better opinion, you will have to pay for it. there are plenty of good lawyers more familiar with this, than am I. interesting idea, though. ETA: if you registered the AW here, asd left it here, stored legally, then 30925 should not apply. do you have family here? |
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Quoted:
my quick review of the statutes revealed that "persons" who lawfully possess AWs must register them (or otherwise dispose of them). there was no use of "residents." according to the statute, if you are here in CA and lawfully possess that AW here in CA, you can submit the registration application. use a CA address if you can; I suspect they would reject an out-of-state request. there are two caveats: 1) there might be some case on point requiring residency, I did not look for any. 2) PC section 30925, a more specific statute addressing people moving into the state, could be read as a superseding, and would thus control. in that case, your prior registration could be in doubt. 30925. A person moving into this state, otherwise in lawful possession of an assault weapon, shall do one of the following: (a) Prior to bringing the assault weapon into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6. (b) The person shall cause the assault weapon to be delivered to a licensed gun dealer in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6, the dealer shall redeliver that assault weapon to the person. If the licensed gun dealer is prohibited from delivering the assault weapon to a person pursuant to this section, the dealer shall possess or dispose of the assault weapon as allowed by this chapter. sooooooooo, if you have anywhere in CA to reside while you possess and register your AWs, go ahead and do it. it is lawful, and can't really cause any harm AFAIK. whether or not that registration will withstand a prosecutor and a jury at some unlikely point in the future, is unknown to me. if you want a better opinion, you will have to pay for it. there are plenty of good lawyers more familiar with this, than am I. interesting idea, though. ETA: if you registered the AW here, asd left it here, stored legally, then 30925 should not apply. do you have family here? Thank you for the thorough reply. Very much appreciated. I do have family there. |