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Q: gun law ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: gun law
Category: Miscellaneous
Asked by: clean440-ga
List Price: $100.00
Posted: 15 Nov 2006 22:18 PST
Expires: 15 Dec 2006 22:18 PST
Question ID: 783147
I have a multi part question?

1.	When a particular firearm is deemed illegal in a particular state
such as California, is it illegal to purchase that firearm in that
state or is it illegal to have it period? Meaning if the fire arm pas
purchased legally in another state could you bring it over to
California?
2.	Is it illegal to take a firearm across state lines period. Even if
that particular firearm is legal in the state you are traveling to?
3.	If one has purchased some firearms legally in California and then
transferred there residency to Nevada, what happens to those firearms,
do they have to be re registered? Can they be used in both Nevada and
California?
4.	What if one has dual residency in both states, then can one use all
of ones firearms in both states regardless of were they were
purchased?
Answer  
Subject: Re: gun law
Answered By: politicalguru-ga on 16 Nov 2006 02:57 PST
Rated:5 out of 5 stars
 
Dear Clean, 

Before I begin to answer, let me refer you to the disclaimer at the
bottom of this page: "Answers and comments provided on Google Answers
are general information, and are not intended to substitute for
informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice. Google does not
endorse, and expressly disclaims liability for any product,
manufacturer, distributor, service or service provider mentioned or
any opinion expressed in answers or comments. ". My answer is no
substitute for legal advice from an attorney.

Holding a Prohibited Firearm in California
==========================================

Laws change from one state to another, but basically, a ban is a ban,
not only on purchasing and selling a banned item, but also on bringing
it from outside the state without a special permit.

Specifically, regarding California, it is unlawful "It is unlawful for
any person to own, possess, lend, manufacture, import, sell, or offer
to
sell any short-barreled shotgun or short-barreled rifle, any firearm that is not
immediately recognizable as a firearm, any camouflaging firearm container, any
cane or wallet gun, any undetectable firearm, any ammunition that contains or
consists of a flechette dart, any bullet that contains or carries an
explosive agent, any zip gun, any unconventional pistol, any
multiburst trigger activator, any nunchaku, any metal knuckles, any
belt buckle knife, any leaded cane, any lipstick case knife, any cane
sword, any shobi-zue, any air gauge knife, any ballistic knife, any
shuriken, any writing pen knife, and any metal military practice
handgrenade or metal replica handgrenade. It is unlawful for any
person to carry a concealed dirk or dagger.  (Penal Code  12001.5,
12020(a)(1).)" ; "It is unlawful for any person to commercially
manufacture or cause to be commercially manufactured, or knowingly
import into the state for commercial sale, keep for commercial sale,
or offer or expose for commercial sale, any hard plastic knuckles.
(Penal Code  12020.1.) It is unlawful for any person to manufacture,
cause to be manufactured, import into the state, keep for sale, or
offer or expose for sale, or give or lend, any large-capacity
magazine. (Penal Code  12020(a)(2).)"
(SOURCE: California Firearm Laws, <http://ag.ca.gov/firearms/forms/pdf/cfl.pdf>). 

In other words, it is also illegal to bring it into the state from
another state (or country, i.e., Mexico).

Further reading: 
Firearms Division of the State Attorney General
<http://www.ag.ca.gov/firearms/> 

State Gun Laws: California
<http://www.stategunlaws.org/viewstate.php?choose_state=Go&st=CA> 


Moving Firearms Accross State Lines
====================================

"Under federal law, a person is allowed to transport a firearm across
state lines from one place where it is legal to possess firearms to
another place where it is legal to possess firearms." (SOURCE:
Firearms Laws, e-Notes,
<http://law.enotes.com/everyday-law-encyclopedia/firearm-laws>).
However, according to your case, if a certain firearm is prohibited in
the state from which you are travelling, you are not allowed to have
it in that state; and therefore cannot transfer it to a state where it
is legal.

Beyond that, there are several federal constraints on carrying
firearms accross state lines. The National Firearms Act prohibits the
transfer of certain banned firearms accross state lines, without a
special ATF approval. There are also specific state laws. For example,
"before entering the state, a California permit and registration may
be required for specific semi-automatic rifles, semi-automatic
pistols, shotguns, and any other firearm that is considered an
"assault weapon." Contact the California Dept. of Justice in
Sacramento for additional information at (916)263-4887, or at
www.ag.ca.gov/firearms/." (NRA Guide, to the Interstate Transportation
of Firearms <http://www.nraila.org/GunLaws/FederalGunLaws.aspx?ID=59>
)

Further Reading: 
NRA - Guide to the Interstate Transportation of Firearms
<http://www.nraila.org/GunLaws/FederalGunLaws.aspx?ID=59> 


Moving to Nevada with Firearms
==============================

There is no general registration requirement in Nevada. "Clark County
(minus Boulder City) requires registration of handguns only.  All
other counties have no registration of any guns.  For Clark County,
the first handgun purchase includes a 72 hour "cooling off" period.  A
handgun registration card (commonly known as a "blue card" because of
its light blued color) is issued for each registered handgun, and must
stay with the gun.  Examples: If you take the gun to shoot at the
range, you must take its blue card also.  If you loan the gun to a
friend, you must make sure he has the card with it.  You may register
your handgun at any branch of the Las Vegas Metropolitan Police
Department (bring it to them UNLOADED AND IN A SAFE MANNER).  If you
sell or give away the handgun, you are obligated to have the
registration transferred into the name of the new owner.  If you wish
to purchase other handguns, your "cooling off" period is waived if you
have your blue card present." (SOURCE: "Nevada Gun Laws & Legal
Counsel", The Nevada State Rifle and Pistol Association
<http://www.nsrpa.us/legal/index.html>)


Residency in Both States
========================
This is legally tricky - one is to register legally only in one state
as a legal resident (e.g. for tax purposes or driver's license).
Naturally, some people, e.g. students, live in bona fide one place but
have their legal residence in another.

In addition, as you can understand from the answer to your first
question, California gun laws do not care - in that context - if you
are a resident of California or a citizen of the moon. You are not
allowed to possess certain weapons.

Also see: 
Cal Guns Forum: Dual Residency
<http://www.calguns.net/calgunforum/showthread.php?t=19467> 

I hope this answers your question. Please contact me if you need any
clarification on this answer before you rate it.
clean440-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: gun law
From: probonopublico-ga on 16 Nov 2006 01:37 PST
 
California - State law restricts the sale of all semiautomatic assault
weapons that have specific military features such as pistol grips and
folding stocks as well as a list of assault weapons and their copies
such as the AK47 and Uzi. People who owned such assault weapons prior
to the law are required to register the weapons and may not sell or
give them to anyone else in the state. State law also restricts the
sale of rapid-fire ammunition magazines in excess of 10 rounds.

See:

http://www.bradycampaign.org/legislation/state/viewstate.php?st=ca#aw
Subject: Re: gun law
From: politicalguru-ga on 17 Nov 2006 00:05 PST
 
Thank you for the rating!

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