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Posted: 1/21/2002 11:08:05 AM EDT
Hey guys, yeah I know this is probably beating the proverbial dead horse but I was wanting to get your opinions on this one....OK heres the deal, if a person registered their AW before the deadline in CA, and its supposed to be destroyed/turned in upon their death, what happens if they move out of state? Do they inform the CA DOJ and get their names off the list or will they want you to still destroy it even if your not in their state? Is this ATF jurisdiction? Also will you be able to sell it if you need to if you are in a "free" state or is it still illegal to sell since its a registered AW in CA? Alright well any thoughts you guys have on this is appreciated.
Link Posted: 1/21/2002 11:20:26 AM EDT
because you are removing the weapon from the state you don't have to destroy it. It’s a state thing not a BATF thing so I think your ok.
Link Posted: 1/21/2002 11:24:26 AM EDT
BKSS - You're free to move it out of state *yourself*. That is, put it in a locked case and drive outta Kalif. (I'd carry paperwork though, in case of traffic stop - see below). There's no requirement to turn it in upon death or do any crazy thing that Kalif wants once it's outta state. However, if you use a shipper (UPS, FedEx, etc.) to ship the AW outta state - for whatever reason, storage, repair, 'smithing - you must use the services of a registered Assault Weapons Dealer. An ordinary Kalif. FFL will not suffice for this. You are free to sell it in a 'free' state. However, you prob should go thru an FFL even if face-to-face paperwork-free private-party transactions are legal in said free state, because you are a out-of-state resident, and there are some ATF rules covering this. But I think that applies to *any* gun in this situation - Kalif's AW status has no bearing on situation outside of Kalif, it's just a gun. You're also free to bring your AW in & out of Kalif (if stored/transported appropriately). Remember, you can't just 'drive around' in Kalif w/an AW in your trunk; you have to have specific authorized destinations in mind when transporting said AW - going home, to target range, to (AW-certified 'smith), to friend's (who'd like to see your latest mods to your new toy), outta state... Having a couple of changes of clothes (shirts, sox, undies, extra pants, a shave kit - not just an old pair of dungarees or painter's coveralls) neatly packed in a bag in your vehicle would tend to indicate an intention of substantial travel and support your out of state travel claim ;-) I always carry multiple *copies* of my reg paperwork with me just in case cop's radio/datalink is down during a traffic stop. Keep one copy in glove box with car reg & insurance papers; keep reduced copies in buttstock of each AR and in carry case.
Link Posted: 1/21/2002 1:41:25 PM EDT
What about moving out of Kaliban with a registered AW and a few years from now you decided to move back (don't ask why), can you legally bring the REGISTERED AW back into Kaliban? YG
Link Posted: 1/21/2002 6:08:17 PM EDT
Originally Posted By YoungGun: What about moving out of Kaliban with a registered AW and a few years from now you decided to move back (don't ask why), can you legally bring the REGISTERED AW back into Kaliban? YG
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Yes.
Link Posted: 1/21/2002 7:28:04 PM EDT
What about Hi-Cap mags (assume you can prove that it originated from Kaliban)? YG
Link Posted: 1/22/2002 7:39:11 AM EDT
Originally Posted By YoungGun: What about Hi-Cap mags (assume you can prove that it originated from Kaliban)?...
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Your word that they originated in Californistan should be all the "proof" you need. My advice is to just do it and keep quiet about it. If your rifle is registered, you're covered.
Link Posted: 1/22/2002 7:51:03 AM EDT
That this subject even comes up is disgusting. I would hate to have to maintain a database of these goofy laws to make sure I didn't have some CA DOJ dudes kicking my door in and trucking out my "arsenal" and ammo. I am truly sorry for all of you who live there. Good Luck guys! From a former resident...now living in a FREE state. [V]
Link Posted: 1/24/2002 1:45:35 AM EDT
YoungGun, IT is my understanding that once you move from the original address provided on your CA AW registration form to anywhere else in CA, you are required to report your new address to CA DOJ. SO if you move out of CA I doubt that you would be legally able to bring your AW back, eventhough you never informed them that you moved out of state. I could be wrong but I don't think so.
Link Posted: 1/24/2002 6:47:54 PM EDT
Originally Posted By TROJAN: YoungGun, IT is my understanding that once you move from the original address provided on your CA AW registration form to anywhere else in CA, you are required to report your new address to CA DOJ. SO if you move out of CA I doubt that you would be legally able to bring your AW back, eventhough you never informed them that you moved out of state. I could be wrong but I don't think so.
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The DOJ has already addressed this. You can move out and back as often as you like. As long as you do not unregister the firearm (in writing) it is registered for life - yours only. If you choose to unregister after you move out of CA you cannot move back and re-register it.
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