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Moved from California 5 years, what should I do with my California gun??

Discussion in 'Legal & Political Archive' started by joel4sale, May 19, 2011.

  1. joel4sale

    joel4sale Renton, WA Member

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    So....as the title said. When i moved here, I left couple of pistol back in California in my parents house. They were all purchased new about 10 to 15 years ago. My younger brother was going through my stuff and found those item and offered bring them to me when he road trip up.

    IS IT LEGAL?? Or does he have to ship them to FFL here?? They are my guns after all and doesn't make any sense to transfer from ME to ME.

    Or can I just pick them up myself when I go home during at Thanksgiving, do I need to get them register at PD?

    While we are on the subject, what should I do with the ones that i brought with me when I moved?
     
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Well they are your guns. You moved to a free state, there is NO registration. You can have him bring them to you or you can go get them. IF they ship them to you then it will have to go to an FFL. IF YOU ship them to YOU then no FFL needed.

    Now that you are a WA resident you need to read an KNOW these laws if you are a gun owner here, Chapter 9.41 RCW: Firearms and dangerous weapons
     
  3. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    yea, dude... your property is your property- those guns are no different than your couch. pack 'em up and bring 'em home.
     
  4. joel4sale

    joel4sale Renton, WA Member

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    Wow, thank you for the super fast reply.
    Think I am gonna take the road trip to California during the Memorial Day weekend to bring back some of my old toys.
     
  5. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    I say leave them there. They have that Kali stank on them that never really comes off. You wouldn't want to infect your real guns with those 10 round magazines :D

    Just make sure they are unloaded and locked in a case when either you or your brother transport them. I would also suggest your brother not be the one to transport them if he is under 21. As stated; the only reason to use an FFL is if you were going to ship them. Personal private carrier does not require any paperwork.
     
  6. jvbutter

    jvbutter Cornelius, Or Active Member

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    LOL.... LOL
     
  7. m1gunr

    m1gunr Tacoma Member

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    If you are going to give advice, I suggest you learn and know the laws..... As long as they are unloaded and cased and he is above 18 he is breaking no laws.

    Title 18 USC 922 the section on Unlawful Acts (subsection X)
    which states:
    (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile:
    (A) a handgun;or
    (B) ammunition that is suitable for use only in a handgun.
    .....
    (5) For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age.


    California Penal Code 12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is
    temporarily within this state … from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the
    person, provided that the following applies to the firearm:
    (1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility
    or glove compartment.
    (2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the
    firearm is contained within a locked container.
    (b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other
    firearm capable of being concealed upon the person in accordance with this chapter.
    (c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock,
    combination lock, or similar locking device.

    Oregon
    166.250 Unlawful Possession of Firearms.
    (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:
    (a) Carries any firearm concealed upon the person; (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or
    (c) Possesses a firearm and: (A) Is under 18 years of age;

    Washington
    RCW 9.41.050 Carrying Firearms.
    (1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol. (see RCW 9.41.060 for exemptions)
    (3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
     
  8. m1gunr

    m1gunr Tacoma Member

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  9. drew

    drew OR Well-Known Member

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    I've always referred to them as standard capacity mags instead of reduced capacity mags.
     
  10. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    Wow; was that really necessary? Have you read any of my posts regarding laws? I frequently quote RFC, ORS and federal statue. Since this was CA I didn't take the time to look it up and you will note that I did not say it was illegal. I said I wouldn't suggest it. Just because it's legal doesn't mean it's wise.

    The real reason for my post was to make a joke at the expense of CA gun laws. I added the generally agreed upon proper methods of transportation to contribute something besides a joke to the thread.

    Just because you're behind a keyboard doesn't mean you should let go of common courtesy.
     
  11. m1gunr

    m1gunr Tacoma Member

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    Since I didn't see a wink or a smiley... how is one suppose to take it? Here lately I have see far too many posts in far too many forums where one gives advice that begins with "I believe or I think"... and does not back it up. A member asked for information and i believe if one is going to give advice they should cite a source.

    To you sir, I apologize.


    -“The more corrupt the state, the more it legislates.” – Tacitus
     
  12. Oohrah

    Oohrah NorthwestSouthern Oregon Coast Member

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    Drew, when a firearm is designed to fire numerous rounds, and the law states no magazine shall hold greater than...it is reduced capacity magazines. A Glock 22 with 10 rounds instead of the 15 round capacity magazine is a reduced magazine, and NOT standard.
     
  13. drew

    drew OR Well-Known Member

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    My post was poorly worded. I meant to say that I consider > 10 rd magazines to be standard and not "high capacity" magazines. I believe I said the exact opposite.
     
  14. Browning55

    Browning55 Seattle-Everett Area Active Member

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    Somewhat surprised nobody suggested bring them back here and sell them to us cheap. :laugh:
     
  15. joel4sale

    joel4sale Renton, WA Member

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    Thanks guys for the great advise.
    I drove down during the long weekend and bring them back in locked hard case in my trunk.

    Good thing I always over-do everything and the guns are still covered in oil with no trace of rust what's so ever. It was stored in dry can with bunch of desiccator. Dry heat is probablly the only good thing California have to offer to gun owners.

    Some of those old guns were actually pre-ban model with high capacity mags. I know that California Law prohibit me to transport them BACK to California, I just want to make sure its okay to bring them to their new home here in Washington.

    Thanks again for the great help!
     
  16. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    Well, I was gonna offer to take them off his hands but you sort of spoiled the punch line now...
     
  17. Oohrah

    Oohrah NorthwestSouthern Oregon Coast Member

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    Yeah, I moved out of there in 88, and never looked back. So many firearms purchased there legally are now deemed evil and illegal. Most vendors who previously sold firearms and firearms related items and ammo, are no longer fooling with their questionable nerdy laws. Most things mailable are off the list for that state. At least a dozen firearms bought there, enjoy life in Oregon now, and ammo can be ordered by mail. Makes ya proud to be considered smart enough to leave a commie state, and remain armed. Can't condemn the whole state as the northern part seems somewhat more tolerant in some ways, but still enforce firearms laws that are unreasonable. Crime hasn't gone down, so soon guns will be outlawed and only outlaws will have the guns? I'm sure you will enjoy using your firearms in your new state without the worry of breaking some stupid law that you were not aware of. Wouldn't mind standing behind One Eyed Ross in that firearms sale! Happy shooting!!!
     
  18. drew

    drew OR Well-Known Member

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    According to this you could bring them back(they have a link to the penal code cited). Large-capacity magazine restrictions - Calguns Wiki