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Thread: Potentially moving to CA, need advice on guns

  1. #26
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    There is another thread about CA gun laws, etc.
    Been going on a slide course, all around, but it is an interesting read for you.

    http://www.thehighroad.us/showthread.php?t=413531

    Regards

  2. #27
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    Not sure what you are asking the forum since you seem well informed on CA laws. You should be aware though that selling guns for profit in numbers that might attract the attention of the ATF could be construed as being engaged in the business of selling guns and doing so without an FFL is a federal offense. The ATF has never exactly defined how many guns an individual may sell without being accused of being a dealer so they can pretty much charge anyone at any time. Not sure if the CA law requiring all sales must go through an FFL would affect this situation.
    You going to believe me or your lying eyes?

  3. #28
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    Two Points

    Not sure what you are asking the forum since you seem well informed on CA laws. You should be aware though that selling guns for profit in numbers that might attract the attention of the ATF could be construed as being engaged in the business of selling guns and doing so without an FFL is a federal offense. The ATF has never exactly defined how many guns an individual may sell without being accused of being a dealer so they can pretty much charge anyone at any time. Not sure if the CA law requiring all sales must go through an FFL would affect this situation.
    1. It appears that the OP was not asking about California law but which handguns would be the most "attractive" to re-sell under an apparent loophole in the importation restriction therein.

    2. Since the gist of the FFL requirement is the paper trail and, more recently, the NICS check or its equivalent, it's hard to see how this would run afoul of BATFE. However, since all the California DROS paperwork goes though California DOJ, it might be of greater concern whether a certain volume of dealer-mediated private-party sales of unapproved handguns would draw unfavorable attention from that quarter.

  4. #29
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    Buy, don't sell, is my motto

  5. #30
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    1. It appears that the OP was not asking about California law but which handguns would be the most "attractive" to re-sell under an apparent loophole in the importation restriction therein.
    that's the way i read it too, he want's to maximize his profit potential by filling a demand
    the map is not the territory

  6. #31
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    The Way I Read It...

    that's the way i read it too, he want's to maximize his profit potential by filling a demand
    ...if he has to move to California, he'd like to pick up a few extra bucks, make a few California gunners happy, and thumb his nose at California DOJ in the process.

  7. #32
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    party pooper here.

    1. It appears that the OP was not asking about California law but which handguns would be the most "attractive" to re-sell under an apparent loophole in the importation restriction therein.
    Personal handgun importer can import non-approved list handguns for personal use.
    If they import into CA, non-approved listed handguns with the intent to sale, then it is a crime.

    Posting on a public website and asking what non-approved list handguns are most desireable, is showing proof of intent to import & to sell and a case can be made for conspiracy to do such activity.


    Penal Code 12001
    (n) As used in this chapter, a "personal handgun importer" means an individual who meets all of the following criteria:
    (1) He or she is not a person licensed pursuant to Section 12071.
    (2) He or she is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
    (3) He or she is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
    (4) He or she is the owner of a handgun.
    (5) He or she acquired that handgun outside of California.
    (6) He or she moves into this state on or after January 1, 1998, as a resident of this state.
    (7) He or she intends to possess that handgun within this state on or after January 1, 1998.
    (8) The handgun was not delivered to him or her by a person licensed pursuant to Section 12071 who delivered that firearm following the procedures set forth in Section 12071 and subdivision (c) of Section 12072.
    (9) He or she, while a resident of this state, had not previously reported his or her ownership of that handgun to the Department of Justice in a manner prescribed by the department that included information concerning him or her and a description of the firearm.
    (10) The handgun is not a firearm that is prohibited by subdivision (a) of Section 12020.
    (11) The handgun is not an assault weapon, as defined in Section 12276 or 12276.1.
    (12) The handgun is not a machinegun, as defined in Section 12200.
    (13) The person is 18 years of age or older.

    Penal Code 12125
    (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

    Penal Code 182
    (a) If two or more persons conspire:
    (1) To commit any crime.
    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.” - Dalai Lama (Seattle Times, 05-15-2001).

  8. #33
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    CA and laws hmmm

    Poor guy, just trying to make a buck, legal or not

    Regards

  9. #34
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    If I was going to move to a state that was VERY picky about guns... more complicated than the state that I presently lived in... I would SELL the guns that I was concerned about being 'legal' in my new state with all of the stupid laws. I would SELL them in the state that I LIVED IN before I made a move to the state with the picky-stupid laws.

    I would give myself PLENTY of time to sell them BEFORE I made my move.

    I would NOT do what you were thinking of doing IF you did move to CA.

    Catherine
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  10. #35
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    PS:

    You are better off selling your guns in a GUN friendly state anyway.

    Ads, moving sale, estate sale, face to face sales, on consignment @ your local gun store, hunting goods sales, sales to friends or relatives, gun gear/stuff that you might not use anymore, ammunition for guns that you no longer own in certain calibers, holsters, etc.

    Catherine
    Last edited by Catherine; November 2nd, 2009 at 03:35 AM. Reason: Typos!
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  11. #36
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    If you're thinking about moving to California, you just need one gun and one shovel. Apply both, in that order, and as much as necessary to whatever is persuading you to move to California.
    Being right too soon is socially unacceptable. - Robert A. Heinlein

    Blog - updated irregularly
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  12. #37
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    Just an FYI, but a thread on another forum has indicated that Kalifornia arbitrarily decided to withhold an extra 10% in state income tax due to the poor fiscal policies of the state.

  13. #38
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    Just an FYI, but a thread on another forum has indicated that Kalifornia arbitrarily decided to withhold an extra 10% in state income tax
    i did notice that recently

    i guess you get a choice of either increasing your number of deductions or getting a larger return when you file
    the map is not the territory

  14. #39
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    Here is the info on the tax:

    http://www.latimes.com/business/la-f...,2028140.story

    Technically, it's not a tax increase, even though it may feel like one when your next paycheck arrives. As part of a bundle of budget patches adopted in the summer, the state is taking more money now in withholding, even though workers' annual tax bills won't change.
    It is to help them, "the gov", get through tough times Hmmm

    What about others

  15. #40
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    Anything hicap in the C.S.S.R. is probably popular. Just sell the guns without the hicap magazines (recommend doing an FFL transfer!). And then tell the new buyer that the magic magazine gnome will leave them some mags somewhere.
    The End

  16. #41
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    Isn't It a Felony...

    Anything hicap in the C.S.S.R. is probably popular. Just sell the guns without the hicap magazines (recommend doing an FFL transfer!). And then tell the new buyer that the magic magazine gnome will leave them some mags somewhere.
    ...to import "high-capacity" magazines to California?

  17. #42
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    He's not importing or selling hicap mags. He's selling guns that are capable of using high capacity magazines in states that honor the constitution.
    I would never suggest breaking and/or bending unconstitutional laws. Especially, when answer a question asked by a lawyer(?) or LE(?) , and if I did it would be in a strictly hypothetical, non-liable, joking fashion.
    The End

  18. #43
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    I'd Like to See...

    I would never suggest breaking and/or bending unconstitutional laws. Especially, when answer a question asked by a lawyer(?) or LE(?) , and if I did it would be in a strictly hypothetical, non-liable, joking fashion.
    ...that stand up in court after the "magic magazine gnome left them some magazines somewhere."

  19. #44
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    He didn't leave them! He sold a gun without a magazine to an individual through an FFL. Maybe luck the buyer finds some magazines for it in bag at the IHOP or something. Who knows where they came from? Not the original owner because he sold his hicaps in a FTF non FFL sale in his old home state. He did this before he moved because he knew CA doesn't believe in the 2nd Ammendment. Hypothetically speaking of course.

    I always say to follow the law when it comes to guns. I simply answered a question that was asked on the thread.
    The End

  20. #45
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    LawBot5000,

    Maybe you could commute from Nevada to work in CA?

  21. #46
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    Hypothetically speaking if you were considering moving to California I would hypothetically suggest you don't..

    Been here for 3 1/2 years. Just got orders out.

    The best way I can explain it from an outsiders perspective is..

    Great weather..
    Crappy (borderline criminal) Government.
    Be prepared to have the government in everything..
    The guns you can have..
    The ammo you can have, where you buy it..
    How much ammo you can buy. fingerprinting for the ammo you buy (also a hefty tax..)
    The type of TV you can buy.. Can't buy 50" Tv's here too much energy..
    How high you can have your heat.. PG and E will be going Smart grid by 2015.
    Education system that is hosed due to the Unions here. .
    The State itself is swimming in debt..
    Crime rate..
    Everything is more expensive..
    Illegal immigrants.. also Sanctuary Cities.
    Hypothetically if you could move anywhere else in the Nation (with the possible exception of Detroit or D.C.) I would consider that instead..
    --We can all think of things wrong with capitalism, but thugs don't show up at 3am to drag you to the mall. ---bjbarron

    One of the conditions of victory is that the loser understands himself to be vanquished.

    In a democracy, which give preference to persuasion over force, and on the internet, in which persuasion is the only tool available, this gives the guy who is dumber than a box of hammers the superpower of invincibility. ---geekWithA.45

  22. #47
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    Save yourself the pain and do NOT move there in the first place.
    Dave In Statham, GA

  23. #48
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    Sometimes it's just not worth the extra $$$...
    "Never judge a man until you've walked a mile in his shoes; Then you're a mile away and you have his shoes." --Fenton J. Pennypacker III

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