Dear Clean,
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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. |
