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Posted: 11/29/2020 1:58:19 PM EDT
My son and his fiancé are with the Navy in San Diego and own a house there . He owns a Sig P226 that was purchased here in Florida a couple of years ago .
The gun is still here in Florida with me but he now would like to have it out there in California.
My questions for you California members are :
Is the Sig 226 legal to own there ?
Are the original 15 round mags that it came with legal there ?
And finally if it is legal there does it have to go through a California FFL ?
I would probably ship it to him .
Thanks in advance.
Link Posted: 11/29/2020 2:29:43 PM EDT
[Last Edit: 11/29/2020 2:30:31 PM EDT by 50_Shooter]
Link Posted: 11/29/2020 7:11:03 PM EDT
California actually wouldn't require an FFL for that, but the Feds do, assuming you have actual possession of it and it's not locked up in a manner that only he can access.  No need to worry about the roster in this case, at least.  All other normal rules apply.  As was said above, it'd better not have a threaded barrel.

Link Posted: 11/29/2020 7:19:17 PM EDT
Thanks for the replies.  It’s a stock MK25 with a non threaded barrel . If he was to fly back home with it from Christmas visit does he have to do anything once he’s home ?
Link Posted: 11/29/2020 8:49:14 PM EDT
https://oag.ca.gov/firearms/ab991 (didn't get all the formatting on copy)

Pursuant to Penal Code sections 17000 and 27560, any person who moves into California with a firearm is considered a "Personal Firearm Importer" and is required by California law to do one of the following within 60 days:

   Complete and submit a New Resident Report of Firearm Ownership (BOF 4010A), pdf along with $19.00 to the California Department of Justice, Bureau of Firearms;
   Sell or transfer the firearm to a California licensed firearms dealer or to another individual using a California licensed firearms dealer to conduct the transaction; or
   Sell or transfer the firearm to a California police or sheriff's department. Persons choosing this option should contact the law enforcement agency for instructions prior to transporting the firearm to the agency.

However, looking a little farther, Section 27570 talks to violations if the lack of reporting the importation only comes to the attention of the state after the grace period through submittal of a report.  I'd suggest checking with a lawyer familiar with Ca firearms laws. Section 17000 says "b (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."

Might be worth discussing with the local JAG office.  I sort of think his returning to Ca with it would not be an issue but I'm not a lawyer.
Link Posted: 11/29/2020 10:11:32 PM EDT
Leave the magazines.  At least until we get the current court case settled one way or the other..  He might have owned them before the date if he had the pistol here in the state at the time.  Now?  he'd be hard pressed to show they made it in in time.  If he brings them now, that's importing, a no-no.

Not very many people get prosecuted for that, it's generally a throw away charge, but best avoid any complications if you can.  The Magazine Ban is currently in the courts, so a better answer could be arriving shortly.
Link Posted: 11/29/2020 10:39:11 PM EDT
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Originally Posted By PaDanby:
Leave the magazines.  At least until we get the current court case settled one way or the other..  He might have owned them before the date if he had the pistol here in the state at the time.  Now?  he'd be hard pressed to show they made it in in time.  If he brings them now, that's importing, a no-no.

Not very many people get prosecuted for that, it's generally a throw away charge, but best avoid any complications if you can.  The Magazine Ban is currently in the courts, so a better answer could be arriving shortly.
View Quote


Burden's not on him to prove when they were acquired; quite the contrary.  Honestly, if he was here when they could have been legally acquired, he keeps his mouth shut, and doesn't retain any evidence that can be used against him, there's no real chance he'll have an issue unless they really have it in for him over something bigger, in which case they'll try to charge on whatever they can find just to see what sticks or can force a plea deal.  At that point, he has much bigger issues.
Link Posted: 11/30/2020 11:24:52 PM EDT
We PCS'd to SD 22 months ago.

Not required to register anything due to not being residents. Firearm configurations still matter. sounds  like his pistol is fine.

If the gun is brought in person he doesn't need to do anything as far as the state is concerned.




8-ish months to go........



Link Posted: 12/2/2020 4:17:43 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By bigstick61:


Burden's not on him to prove when they were acquired; quite the contrary.  Honestly, if he was here when they could have been legally acquired, he keeps his mouth shut, and doesn't retain any evidence that can be used against him, there's no real chance he'll have an issue unless they really have it in for him over something bigger, in which case they'll try to charge on whatever they can find just to see what sticks or can force a plea deal.  At that point, he has much bigger issues.
View Quote

 Read the time line in the OP.
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