Dual Residency

[jbean66]

Hello,

I need a little clarification. My friend has just started working in Calfornia, but still has his residency in Nevada. He has a just received his CDL. Can I legally by guns that are not on the CA DOJ approved list from him.

Thanks for any info anyone can provide.
Jbean66

[jbean66]

Hello,

I need a little clarification. My friend has just started working in Calfornia, but still has his residency in Nevada. He has a just received his CDL. Can I legally by guns that are not on the CA DOJ approved list from him.

Thanks for any info anyone can provide.
Jbean66

[Colonel Klink]

You have apples and oranges. What you are talking about is called a "face to face sale". In order to have a F2F sale of DOJ banned guns both parties eg you and your friend, must be CA residents. As long as your friend appears to be a NV resident the answer is NO.

In NV it is legal to transfer (sell) guns person to person without telling anyone. If I would your friend I would not give up NV residency for anything.

[jbean66]

He and his family are still residing in Nevada, although he is working in CA as a full time employee. Since working in CA he also has a CA residency. Would he be able to register a gun in CA and then do a private party tranfer in CA.?

[bwiese]

If he has a CA driver's license or ID w/CA address then I'd bet that's good enough.

Of course that's prob a trigger for CA income tax...

Bill W
San Jose

[-hanko]

Trigger for the 540 is either his employer withholding or the guy himself, if he is self-employed. He needs to pay the PRK income tax based on what he's earned in the PRK, regardless of his state of residency.

True dual-residency is tricky; do not take somebody's answer (including mine) on a web forum as gospel.

Definitely consult with a CPA and maybe an attorney. amhik http://calguns.net/groupee_common/emoticons/icon_wink.gif

-hanko

[jnojr]

If your friend is able to legally buy guns in NV, great. To bring them to CA, he has to register them with DOJ. If they accept that transfer, great. At that point, the two of you can go to an FFL and do a face-to-face transfer. If the computer in the gun store accepts the transfer (as in, your friend has correct CA ID), great.

IIWY, I'd go for it. By the time you get involved, the legal hurdles are cleared. The worries about the dual-residency thing are your friends worries http://calguns.net/groupee_common/emoticons/icon_smile.gif But this seems like the type of thing that, even if not exactly 100% technically "correct", is likely to work anyway, and be a done deal.

The question your friend would want answered would be "What happens if I attempt to register guns I bought in NV and CA doesn't recognize my right to own them?" Since he registers them by mail, it seems to me he'd get a letter back saying "No way, Jose" and he'd have to get them back across the state line. There is a possibility a field agent or the police might show up, but not a huge one... as much as we like to picture CA and our DOJ as being Fascists waiting for an opportunity to deprive us of our rights, they're a huge bureaucracy that commonly can't communicate with itself.

You or your friend could call or email DOJ and ask about the legality of your friend importing guns he buys in NV, but the answer you'll get is not going to be definitive or even binding... a DOJ agent could say "Sure, no problem!" in writing, you do it, and then you get a visit... http://calguns.net/groupee_common/emoticons/icon_smile.gif

[-hanko]

Help me understand why atf would not call this a strawman sale. Poster's friend buy's guns out of state with the intention to sell them to the poster.

Actually, buying out of state is not relevent insofar as federal law is concerned.

-hanko

[Mike Searson]

A straw purchase would be if his friend bought the guns in NV and gave them to him without going through an FFL to do the second transfer.

Since the gun in question would be done through the DROS system it is not a straw purchase.

I know the concept seems kind of alien to people who say have never lived in Free America, but let's you're a Florida resident. You live in Miami and you're visiting the Panhandle. You see a pistol in a shop that your buddy in Miami has been looking for...you can buy the pistol drive back to Miami and give it to your buddy. You don't need to go through an FFL!

Now, if your buddy is a convicted felon...or in any way prohibited from legally buying a firearm, that would be a straw purchase...like the little old lady in San Leandro who was buying guns at Traders for all those nice young fellas that couldn't be bothered with paperwork.

As long as the final transaction is done through a CA FFL and our state's illegal DROS system...there is no problem.