- You cannot buy guns out-of-state and carry them home.
- You cannot buy privately out-of-state and carry them home, even if private sales are legal in X state.
- You may not purchase ammo out-of-state and bring it back to California.
- California requires ammo purchased online to be shipped to a licensed ammo dealer.
- Federal law requires firearms to ship interstate between licensees.
18 USC § 922(a) It shall be unlawful--
(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than [a licensee] [...]
(3) for any person, [other than a licensee] to transport into or receive in the State where he resides […] any firearm purchased or otherwise obtained by such person outside that State, […];
(5) for any person [other than a licensee] to transfer, sell, trade, give, transport, or deliver any firearm to any person [other than a licensee] who the transferor knows or has reasonable cause to believe does not reside in […]
Can I buy a rifle or shotgun (not a handgun) in another state? Federal law says I can.
To clarify, we’re not talking about arranging the purchase of a firearm and having it shipped to California. We’re talking about cash and carry: buying in person and taking the gun with you. Federal law does permit rifles or shotguns (not handguns) to be sold to non-resident buyers in other states. However, this does not apply to Californians. The thorn is that federal law requires FFLs to only sell in compliance with the buyer’s state laws.
To clarify, we’re not talking about arranging the purchase of a firearm and having it shipped to California. We’re talking about cash and carry: buying in person and taking the gun with you. Federal law does permit rifles or shotguns (not handguns) to be sold to non-resident buyers in other states. However, this does not apply to Californians. The thorn is that federal law requires FFLs to only sell in compliance with the buyer’s state laws.
18 USC § 922(b) It shall be unlawful for any [licensee] to sell or deliver--
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in [...] the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States) [...]
An FFL has to comply with California law, including state DOJ licensing (26700). A legion of California-specific requirements relating to DROS also apply, which an out-of-state dealer is unlikely to have or even apply for. The various applicable Penal Code sections will not be recapitulated here. Without California DOJ licensing, certificates, and DROS access, an out-of-state dealer simply cannot comply and it is not in their interest to go through the extra rigamarole (FSC, 10-day waiting period) to tell to California who can just buy the same firearm in-state or have it shipped to a California FFL who can do the state-specific stuff.
Again, federal law requires firearms crossing state lines in commerce to be transferred by a dealer. For Californians, the gun must be shipped to you. You cannot buy privately at a gun show even in, say, Idaho where private sales are still legal, and carry it home.
Again, federal law requires firearms crossing state lines in commerce to be transferred by a dealer. For Californians, the gun must be shipped to you. You cannot buy privately at a gun show even in, say, Idaho where private sales are still legal, and carry it home.
So You've Decided to Smuggle Ammo and Magazines Back to California
Beginning Jan 1, 2018, it became illegal to import ammunition into California. That means while you can buy it out-of-state, you can't bring it back into California. However, it is perfectly legal to use high capacity magazines and ammo in surrounding states. California laws cannot be enforced outside of California. But California can and does spy on buyers here and arrests occur over the border.
Buying what you can't get in California in Arizona, Nevada, or Oregon? Be smart about it. Definitely don't buy firearms; that can bring federal charges in addition to state charges.
CA DOJ agents have been known to unscrupulously surveille Nevada gun shows to identify California buyers purchasing items prohibited in California. Reno is most often the target because it is relatively closer to Northern California than Las Vegas and Arizona are to Southern.
Plainclothes agents identify suspected Californians and follow them in, through, and out of gun shows. Some even watch gun store parking lots (the Cabela’s off of I-80 is one) and tail the buyers through the store and back to their cars. The agents have the buyers stopped by CHP or local law enforcement once they have crossed the border.
If you are at a gun show or Nevada retailer, be very careful not to give these agents any probable cause to stop and search you at the border. Never answer any questions or consent to a search if stopped. Only idiots talk to the police and give them consent to search. Remember the phrase “I don’t answer questions and I don’t consent to searches.” Anything you can be twisted and used against you.
Agents have typically identified Californians by clothing that announces that one likely is a California resident. They then follow the suspects, observe their purchases, follow them to their vehicle (bearing California plate), and once the vehicle crosses the border, marked units make a traffic stop. Of course, getting into a Nevada resident's vehicle (or a rental) that didn't immediately go back into California would ruin that scheme.
Developing a case requires constant, continuous surveillance to maintain a "chain of custody" of the prohibited items in the possession of the "suspect." Such surveillance would be thrown off if the "suspect" went back to their hotel room for an extended period of time or if the ammo or item was handed off multiple times at the gun show, especially to a resident of whatever state you’re in. Agents also don't have days to keep people under constant observation, so those on multi-day visits, versus immediately going back to California would make the agents' probable cause difficult to establish.
Many of the persons intercepted in such stings were careless and could have easily taken precautions to avoid giving the officers probable cause. Also a lot of the people were previously on law enforcement radar for being prohibited persons, involved in illegal gun dealing, or being someone who wasn’t just a freedom loving otherwise law-abiding citizen. We don’t have much sympathy for those folks, but don’t be ensnared in the same net as them.
Any identified or suspected California DOJ agents or California police officers "on the job" out of state would have their cover compromised if gun show patrons loudly pointed out these petty tyrants and demanded the show operators eject these persons from the show. Local police have also been rumored to have escorted such agents out or alternatively participated in surveillance.
Right now, illegal ammunition importation is a misdemeanor for a first offense while “high capacity” magazines can be an infraction or misdemeanor. If you are breaking a tyrannical, unconstitutional law, be smart about it and be prepared to face the consequences. This isn’t legal advice, just a discussion and anything you choose to do you do at your own risk.
Buying what you can't get in California in Arizona, Nevada, or Oregon? Be smart about it. Definitely don't buy firearms; that can bring federal charges in addition to state charges.
CA DOJ agents have been known to unscrupulously surveille Nevada gun shows to identify California buyers purchasing items prohibited in California. Reno is most often the target because it is relatively closer to Northern California than Las Vegas and Arizona are to Southern.
Plainclothes agents identify suspected Californians and follow them in, through, and out of gun shows. Some even watch gun store parking lots (the Cabela’s off of I-80 is one) and tail the buyers through the store and back to their cars. The agents have the buyers stopped by CHP or local law enforcement once they have crossed the border.
If you are at a gun show or Nevada retailer, be very careful not to give these agents any probable cause to stop and search you at the border. Never answer any questions or consent to a search if stopped. Only idiots talk to the police and give them consent to search. Remember the phrase “I don’t answer questions and I don’t consent to searches.” Anything you can be twisted and used against you.
Agents have typically identified Californians by clothing that announces that one likely is a California resident. They then follow the suspects, observe their purchases, follow them to their vehicle (bearing California plate), and once the vehicle crosses the border, marked units make a traffic stop. Of course, getting into a Nevada resident's vehicle (or a rental) that didn't immediately go back into California would ruin that scheme.
Developing a case requires constant, continuous surveillance to maintain a "chain of custody" of the prohibited items in the possession of the "suspect." Such surveillance would be thrown off if the "suspect" went back to their hotel room for an extended period of time or if the ammo or item was handed off multiple times at the gun show, especially to a resident of whatever state you’re in. Agents also don't have days to keep people under constant observation, so those on multi-day visits, versus immediately going back to California would make the agents' probable cause difficult to establish.
Many of the persons intercepted in such stings were careless and could have easily taken precautions to avoid giving the officers probable cause. Also a lot of the people were previously on law enforcement radar for being prohibited persons, involved in illegal gun dealing, or being someone who wasn’t just a freedom loving otherwise law-abiding citizen. We don’t have much sympathy for those folks, but don’t be ensnared in the same net as them.
Any identified or suspected California DOJ agents or California police officers "on the job" out of state would have their cover compromised if gun show patrons loudly pointed out these petty tyrants and demanded the show operators eject these persons from the show. Local police have also been rumored to have escorted such agents out or alternatively participated in surveillance.
Right now, illegal ammunition importation is a misdemeanor for a first offense while “high capacity” magazines can be an infraction or misdemeanor. If you are breaking a tyrannical, unconstitutional law, be smart about it and be prepared to face the consequences. This isn’t legal advice, just a discussion and anything you choose to do you do at your own risk.
Agricultural Inspection Stations
Courtesy 20th Century Fox, "The Simpsons"
Highlights
- You must stop if ordered at an inspection station.
- You only have to allow the vehicle to be inspected if you are carrying an agricultural commodity.
- Generally, you can just answer "no" to the question about carrying "any fruits, vegetables, or plants."
- The inspectors are not there to enforce gun control laws and usually do not care about that anyway.
The purpose is to “prevent the introduction into, or the spread within this state, of pests” and the stations exit to inspect vehicle “which might carry plants or other things which are, or are liable to be, infested or infected with any pest.” (5341 FAC)
The agricultural inspectors only care about pests, like fire ants, the medfly, or those oranges that are turning green. They are not there to narc on you, but they will tell the CHP if they see something illegal or suspicious in your car. Like this guy, who told them he had “manure” in the trunk of his car, but it was obviously marijuana. If you’re smuggling, just tell them “no.” Don’t give them consent or probable cause to search.
The inspectors are not peace officers and have very limited powers. CHP also does not have the ability to man the stations and if they are there, it’s quite probably just by chance. The only time gun control enforcement is there is in connection with stings conducted in other states (usually Reno and Las Vegas, Nevada) and the peace officers already have probable cause.
The agricultural inspectors only care about pests, like fire ants, the medfly, or those oranges that are turning green. They are not there to narc on you, but they will tell the CHP if they see something illegal or suspicious in your car. Like this guy, who told them he had “manure” in the trunk of his car, but it was obviously marijuana. If you’re smuggling, just tell them “no.” Don’t give them consent or probable cause to search.
The inspectors are not peace officers and have very limited powers. CHP also does not have the ability to man the stations and if they are there, it’s quite probably just by chance. The only time gun control enforcement is there is in connection with stings conducted in other states (usually Reno and Las Vegas, Nevada) and the peace officers already have probable cause.
Legal basis-case law
In People v. Dickenson [(1980) - 104 Cal. App. 3d 505, 163 Cal. Rptr. 575], it was found that the inspection was reasonable and it was permissible to stop the vehicle and request to inspect the vehicle. The defendant/appellant in this case voluntarily opened up his trunk revealing marijuana.
In People v. Dickenson [(1980) - 104 Cal. App. 3d 505, 163 Cal. Rptr. 575], it was found that the inspection was reasonable and it was permissible to stop the vehicle and request to inspect the vehicle. The defendant/appellant in this case voluntarily opened up his trunk revealing marijuana.
The first question is whether motorists can be stopped at the inspection stations. To that extent the situation is comparable to fixed border patrol checkpoints designed to intercept illegal aliens. United States v. Martinez-Fuerte (1976) 428 U.S. 543, [49 L.Ed.2d 1116, 96 S.Ct. 3074], determined that checkpoints do not constitute a Fourth Amendment violation of the rights of motorists and their passengers. The court found that neither warrant nor probable cause was required to briefly stop motorists at the checkpoint to ask a few questions. The same held true of singling out some of the motorists and their passengers for further inquiry which caused an additional three- to five-minute delay in most cases.
The scope of our decision is simply that the quarantine officers may stop motorists at the inspection stations and request to look into the trunk of the vehicle. This is in accord with United States v. Ortiz and United States v. Martinez-Fuerte. If the motorist voluntarily opens the trunk of the vehicle, the quarantine officer may look therein and, as here, remove any plant materials in plain view for further inspection...We also do not decide anything concerning the refusal to allow search for that is not the case before us.
So don’t grant consent to search is the moral of the story.
What the statutes say
You must stop if ordered to do so and you may not “willfully avoid an inspection station” whether or not you are carrying a load of agricultural commodities or not. This applies to everyone.
What the statutes say
You must stop if ordered to do so and you may not “willfully avoid an inspection station” whether or not you are carrying a load of agricultural commodities or not. This applies to everyone.
5344 FAC. (a) It is unlawful for the operator of any vehicle to fail to stop the vehicle at an inspection station or to willfully avoid an inspection station. It is also unlawful for the operator to fail to stop either upon demand of a clearly identified plant quarantine officer or upon demand of an officer of the California Highway Patrol, when the officer orders the operator to stop for the purpose of determining whether any quarantine which is established pursuant to any provision of this division is being violated.
(b) Notwithstanding Section 5309, a violation of this section is a misdemeanor and grounds for the vehicle to be stopped for inspection.
5349 FAC. (a) It is unlawful for the operator of a vehicle to intentionally route the vehicle and travel on that route in order to prevent the vehicle from passing through a plant quarantine inspection station.
(b) Notwithstanding Section 5309, a violation of this section is a misdemeanor.
5341.5 FAC places additional restrictions on vehicles transporting agricultural commodities; it does not remove the application of the above sections to everyone.
5341.5 FAC. (a) Every operator of a motor vehicle entering the state with a shipment of any agricultural commodity shall cause the vehicle and the shipment to be inspected, and shall obtain a certificate of inspection, at the plant quarantine inspection station nearest the point of entry into the state.
The only thing about gun control that involve the stations is that they have to post a sign stating the following:
NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, THE FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS STATE.
IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED.
IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY. (5343.5 FAC)
What the Dept. of Food and Agriculture has to say
What Legal Authority do your inspectors have to stop and check my vehicle?
The Department’s legal authority for conducting vehicle and commodity inspections lies in the California Food and Agricultural Code, specifically Sections 5341-5353 and 6301-6465. Although submitting to inspection is voluntary, vehicle and commodities are not allowed to enter until released by an inspector. (FAQ webpage)
Some guy at a gun store told me they have ammo sensors
No such things exist. There are no whole vehicle x-ray machines either. Randomly searching a vehicle for illegal firearms/ammo without consent or probable cause is illegal. The state doesn’t have the budget for magical high-tech sensors let alone to properly man the stations.
Realities
How a typical encounter goes: [simply waved through]; or, “Do you have any fruits or vegetables in the car?”
“No.”
“Have a nice day.”
As anyone who has routinely been through these checkpoints can attest, they are very seldom stopped. Even if someone is stopped, the questions relate to fruits and vegetables (sometimes firewood). U-Hauls and boats are sometimes inspected more thoroughly. California and Nevada plated vehicles are usually waved through due to the low risk of any pests being imported. Most vehicles are also simply waved through.
If asked any questions, you can decline to answer, though a “no” is the best answer. You have no obligation to answer most questions of a government agent in a potentially criminal situation.
Inspectors have to have a reason to search your vehicle, such as you admitting to having plants, a load of fruit, or an animal you hunted. They can only search for agricultural items and cannot search for imported guns or ammo.
If an inspector does see something illegal, they can tell CHP who can then make a traffic stop and presumably search the vehicle. One always has the right to refuse a search to CHP.
Community experiences are that the inspectors do not care about minor criminal violations and are only concerned with their agricultural duties. Typically, they only tend to report major criminal violations and any other inspections (fireworks) are handled by peace officers from other state agencies.
No such things exist. There are no whole vehicle x-ray machines either. Randomly searching a vehicle for illegal firearms/ammo without consent or probable cause is illegal. The state doesn’t have the budget for magical high-tech sensors let alone to properly man the stations.
Realities
How a typical encounter goes: [simply waved through]; or, “Do you have any fruits or vegetables in the car?”
“No.”
“Have a nice day.”
As anyone who has routinely been through these checkpoints can attest, they are very seldom stopped. Even if someone is stopped, the questions relate to fruits and vegetables (sometimes firewood). U-Hauls and boats are sometimes inspected more thoroughly. California and Nevada plated vehicles are usually waved through due to the low risk of any pests being imported. Most vehicles are also simply waved through.
If asked any questions, you can decline to answer, though a “no” is the best answer. You have no obligation to answer most questions of a government agent in a potentially criminal situation.
Inspectors have to have a reason to search your vehicle, such as you admitting to having plants, a load of fruit, or an animal you hunted. They can only search for agricultural items and cannot search for imported guns or ammo.
If an inspector does see something illegal, they can tell CHP who can then make a traffic stop and presumably search the vehicle. One always has the right to refuse a search to CHP.
Community experiences are that the inspectors do not care about minor criminal violations and are only concerned with their agricultural duties. Typically, they only tend to report major criminal violations and any other inspections (fireworks) are handled by peace officers from other state agencies.