Moving out for a bit... what should I get before I come back?

[weaverftw]

Man if OP somehow manages to pull this off I think I’ll take a few months of PTO and go take a seasonal job out of state for awhile, out of financial necessity of course

 

[Hgray81]

Depending on the state you move to and taxes you may get a credit on schedule S for CA. But your scenario of moving out of state temporarily for work and coming back due to family and social ties is exactly what the FTB is looking for in residency tests. You would still file a 540CA here and a Non-Resident return for the state you are working in assuming they have income tax.

 

[Hgray81]

Not trying to burst your bubble just want you to know the FTB is aggressive in residency status. They don't want to give up your hard earned tax dollars to another state.

 

[jmpeal]

Canik TTI Combat won’t be legal to bring back due to the lugged barrel.

or get a regular Rival barrel when doing the transfer.

 

[mcnaugcl]

I'm moving for long enough to probably justify a new ID and whatnot.


I thought it was only threaded barrels that were a problem?

CA DOJ considers lugged barrels threaded. There were some shops that had the Canik TTI Combat for sale for roster exempt people and the guns got confiscated. We're not getting the p211 GTO on the roster for the same reason.

Read rr on page 7 of this document.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/text-proposed-regulations-bullet-button.pdf

 

[AaronV54]

Canik TTI Combat won’t be legal to bring back due to the lugged barrel.

he can get it, he just won't register it lol

 

[Gawernator]

Man if OP somehow manages to pull this off I think I’ll take a few months of PTO and go take a seasonal job out of state for awhile, out of financial necessity of course

If he gets a DL in the other state he should be good to go you'd think

 

[ton809]

wont matter with an off roster gun. If CA considers him a CA resident still, he wont be able to bring anything back legally.

Thats not enough. You have holdings here, like a house, or car, or rent you keep, CA assumes that as residence. You might be able to get something in the free state, but you wont be able to transfer it into CA by moving home. To CA, you never left

Yea he does have to get a new id become a resident, the he can purchase his firearm then come back to Ca and establish residency again, most states if your living/working there for over 6 months you have to register as a resident. Dmv told me that when I went to Kansas

 

[Hgray81]

If he gets a DL in the other state he should be good to go you'd think

For the purchase maybe, that will depend on the state in question, but again the state of CA will consider him to have been a resident of CA the entire time. If he registers it with CA, it would be the same as if you lived in CA, went to NV got a DL, purchased a firearm then came back to CA and tried to register it. I am not an expert or attorney, I am a CPA and deal with the FTB regularly for tax reasons and have looked into this topic pretty extensively for tax reasons and personal questions on firearm purchases.

 

[Hgray81]

Yea he does have to get a new id become a resident, the he can purchase his firearm then come back to Ca and establish residency again, most states if your living/working there for over 6 months you have to register as a resident. Dmv told me that when I went to Kansas

I will leave it alone after this but I really don't think CA will consider it "re-establishing" residency. If it never gets questions it never gets questioned, but CA will not see it the same way you do.

 

[RickD427]

Please check out Penal Code sections 27585 and 27590. The bottom line is that any firearms that you purchase while temporarily outside of California must be shipped to a FFL dealer in California who then releases them to you. Handguns have to be on the roster. You can't bring them back yourself. Violation is is a felony if the weapon is a handgun or centerfire semi-auto rifle.

California law treats lugged barrels the same as threaded barrels, with no consideration given to any proprietary nature of the lug design. Please refer to 11CCR5471(rr) for the specifics.

All of the discussion in this thread about tax status in relation to residency is really groovy, but also completely irrelevant to the issue of residency for firearms statute issues. Residency for the purpose of firearms statutes is defined by Penal Code section 17000(b).

 

[BARvS]

I suppose this all boils down to the question "What constitutes giving up CA residency for another?".

Thats not enough. You have holdings here, like a house, or car, or rent you keep, CA assumes that as residence. You might be able to get something in the free state, but you wont be able to transfer it into CA by moving home. To CA, you never left

Is there a definitive answer on what makes someone a CA resident vs not? I mean plenty of people own homes in other states. If I register my car to the free state does that help? I mean

If he gets a DL in the other state he should be good to go you'd think

That's what I'm thinking. Seems crazy to me that the DOJ will still try to hold me here even after giving up my CA ID.

California law treats lugged barrels the same as threaded barrels, with no consideration given to any proprietary nature of the lug design. Please refer to 11CCR5471(rr) for the specifics.

What a shame. What kinds of modifications do I have to do to make it CA legal? Is there a clean way to do it or do I need to tear it up with a Harbor Freight welder?

Also it's funny they write out this weirdly technical thing on a wholly retarded law.

 

[grandpapeepap]

I suppose this all boils down to the question "What constitutes giving up CA residency for another?".

Is there a definitive answer on what makes someone a CA resident vs not? I mean plenty of people own homes in other states. If I register my car to the free state does that help? I mean

That's what I'm thinking. Seems crazy to me that the DOJ will still try to hold me here even after giving up my CA ID.


What a shame. What kinds of modifications do I have to do to make it CA legal? Is there a clean way to do it or do I need to tear it up with a Harbor Freight welder?

Also it's funny they write out this weirdly technical thing on a wholly retarded law.

You can have homes in other states and own guns that would be illegal in california, but you have to keep them in the other state to my knowledge.
You’re a resident if either apply:

• Present in California for other than a temporary or transitory purpose
• Domiciled in California, but outside California for a temporary or transitory purpose
  
  thats from the franchise tax board so im not sure how it would fully apply to your situation depending on how long you are gone?

 

[BARvS]

You can have homes in other states and own guns that would be illegal in california, but you have to keep them in the other state to my knowledge.
You’re a resident if either apply:

• Present in California for other than a temporary or transitory purpose
• Domiciled in California, but outside California for a temporary or transitory purpose
  
  thats from the franchise tax board so im not sure how it would fully apply to your situation depending on how long you are gone?

Both of those reasons make sense on the surface, but when you really think about it, it still leaves a lot of grey area.

First one doesn't apply because I won't be in CA.

Second one is interesting because "temporary" isn't something universally defined. Is temporary shorter than a month? A year? etc. I mean, the Eiffel Tower was built as a temporary structure and that thing is still up today... Similar situation with being "domiciled" somewhere. What if, for example, I get a storage unit and stop renting my CA home and get a completely different one when I get back? Y'know?

 

[grandpapeepap]

Both of those reasons make sense on the surface, but when you really think about it, it still leaves a lot of grey area.

First one doesn't apply because I won't be in CA.

Second one is interesting because "temporary" isn't something universally defined. Is temporary shorter than a month? A year? etc. I mean, the Eiffel Tower was built as a temporary structure and that thing is still up today... Similar situation with being "domiciled" somewhere. What if, for example, I drive a get a storage unit and stop renting my CA home and get a completely different one when I get back? Y'know?

Yeah im not sure fully either, if your work contract says X months and then you will be back they might think its temporary but im not sure either. If you sell your california home i dont think they can consider you domiciled here anymore but im not a lawyer

 

[weaverftw]

Sounds like they use the dmv definition which includes things like voter registration, home ownership/leasing, etc. I think the only actual legit route is if you fully moved to another state and no longer had a mortgage OR lease here, were not employed by a CA company, got a new DL and reg to vote in a new state, leased or bought in the new state, etc. So you have none of the “indicators” in PC 17000(b). Then if you later decide to move back to CA (which you hadn’t intended on originally and after your stay in the other state was more than transitory), then you could re-establish residency here and register off roster imported firearms. But since you’re leaving for such a short time, I think it’ll be hard to show you stopped residing here and got residency in a new state, then decided to come back. It seems petty clear this is a transitory situation and technically you should not be able to bring in guns after, unless you somehow manage to jump through so many hoops it’d be insane and even then, the short time period might raise eyebrows… I’m not sure how much the CA DOJ looks at this stuff but if it’s questioned and any charges are brought, this thread would be a good indication to a prosecutor that you intended to leave temporarily and bring back guns which is a no no.

 

[weaverftw]

Both of those reasons make sense on the surface, but when you really think about it, it still leaves a lot of grey area.

First one doesn't apply because I won't be in CA.

Second one is interesting because "temporary" isn't something universally defined. Is temporary shorter than a month? A year? etc. I mean, the Eiffel Tower was built as a temporary structure and that thing is still up today... Similar situation with being "domiciled" somewhere. What if, for example, I get a storage unit and stop renting my CA home and get a completely different one when I get back? Y'know?

I think having NO connection to a CA home would be NECESSARY but maybe not sufficient to establish residency in a new state and not a transitory situation. If you still have a lease on a house/apartment here and come back 3 months later that’s petty clearly just going on a 3 month work trip. Even if you sell your home or cancel your lease and rent another place in the other state, there are other factors to consider (voter registration, vehicle reg, drivers license, employment, etc) so I’m not certain the lease is sufficient. Again, NAL and not sure how much they scrutinize these things but I think the only actual scenario where this is legit is if your actual intent was to MOVE to a new state and establish permanent residency, bought the guns, then for some reason changed your mind and decided (or had to for other reasons) move BACK to CA. How you would convince the DOJ of that for a 3 month hiatus is an open question. It’s possible if you sold a home here that would be enough (who tf would sell a home and incur a huge cost in closing costs x2 to then re-buy 3 months later just to get some guns in the state?) but even if you do that plus all the other things (voter/vehicle reg, DL, etc etc) the time frame might still raise eyebrows. You might be better off just paying off roster prices via ppt

 

[Gawernator]

You have to "have intent to establish the new residency as your home" .... kind of a grey area, but if you change all your docs to the new address and change your DL and live there for a while you might be able to get away with it. So a new lease in the state, things in your name there, vehicles and DL registered there. If you don't have all of that then you aren't a resident. That's what I just researched anyways. Clearly if you are just going on a work trip for a few months you aren't changing residency. Are you giving up your CA home? You'd need to be able to defend everything logically

 

[weaverftw]

You have to "have intent to establish the new residency as your home" .... kind of a grey area, but if you change all your docs to the new address and change your DL and live there for a while you might be able to get away with it. So a new lease in the state, things in your name there, vehicles and DL registered there. If you don't have all of that then you aren't a resident. That's what I just researched anyways. Clearly if you are just going on a work trip for a few months you aren't changing residency. Are you giving up your CA home? You'd need to be able to defend everything logically

“I sold everything and moved there to start a new life, but then developed the black lung in 2 months working in the mines so I made the difficult decision to move back to CA”

 

[BARvS]

“I sold everything and moved there to start a new life, but then developed the black lung in 2 months working in the mines so I made the difficult decision to move back to CA”

genius.

For real though, I appreciate all the info guys, disappointing as it may be.