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View Full Version : Bought gun in AZ. Bringing it to CA


snellav
12-18-2009, 7:39 AM
I am legally a resident of California but go to school and live in Arizona 8-9 months out of the year.

I bought an 870 Wingmaster (couldn't pass up for 60 bucks) at the gun show this past weekend. I'm planning on bringing it home along with my others to go shooting in CA over my Christmas break. I wanted to make sure that my doing so would be legal in CA. Do I need to register the gun under my name? Anything I should be aware of before I drive back? I just want to avoid breaking any laws.

Any input appreciated. Thanks.

vantec08
12-18-2009, 7:53 AM
it would have to be DROSed with the commensurate "waiting period." Dont think a CA FFL could recieve it from you - - would have to be from AZ FFL.

CaliforniaCarry
12-18-2009, 7:58 AM
I'm sure someone else will be along shortly to explain further, but I'm pretty sure what you're proposing involves violating Federal law. In fact, I'm fairly certain you broke federal law already by simply purchasing and taking posession of the gun to begin with.

joelberg
12-18-2009, 8:05 AM
You're allowed to purchase long guns in any state you want according to federal law. CA wants you to DROS all guns through CA FFL's though to stay legal if you are not a dual state resident.

EOD Guy
12-18-2009, 8:06 AM
I'm sure someone else will be along shortly to explain further, but I'm pretty sure what you're proposing involves violating Federal law. In fact, I'm fairly certain you broke federal law already by simply purchasing and taking posession of the gun to begin with.


No, he did not. BATF has stated that a full time student attending an out of State college is considered a resident of that State during the time he is attending classes.

He can bring the firearms back to California with no paperwork or DROS required.

The Director
12-18-2009, 8:28 AM
Besides what others have said there is no registration of long guns required in California.

dustoff31
12-18-2009, 8:37 AM
I am legally a resident of California but go to school and live in Arizona 8-9 months out of the year.

I bought an 870 Wingmaster (couldn't pass up for 60 bucks) at the gun show this past weekend. I'm planning on bringing it home along with my others to go shooting in CA over my Christmas break. I wanted to make sure that my doing so would be legal in CA. Do I need to register the gun under my name? Anything I should be aware of before I drive back? I just want to avoid breaking any laws.

Any input appreciated. Thanks.


What EOD guy said. You're good to go.

snellav
12-18-2009, 8:48 AM
Thanks!

Untamed1972
12-18-2009, 8:52 AM
Do you have an AZ ID? If you live in AZ 8-9 months a year and have an AZ ID then technically you'd be a "dual state resident" which allow you to legally purchase guns in AZ when you are there as long as those purchases are made legally under AZ law.

Sgt Raven
12-18-2009, 10:07 AM
Do you have an AZ ID? If you live in AZ 8-9 months a year and have an AZ ID then technically you'd be a "dual state resident" which allow you to legally purchase guns in AZ when you are there as long as those purchases are made legally under AZ law.

You don't need an Az ID to be a resident of Az. Although I bet he has a student body card from school which is an ID card. :rolleyes:

snellav
12-18-2009, 10:10 AM
You don't need an Az ID to be a resident of Az. Although I bet he has a student body card from school which is an ID card. :rolleyes:

Yup. Still have the California drivers license but I do have a university ID.

Untamed1972
12-18-2009, 10:55 AM
You don't need an Az ID to be a resident of Az. Although I bet he has a student body card from school which is an ID card. :rolleyes:


No....but it when it comes to buying guns it does help to have one. That's all I meant. It legitimizes your residency. But the student ID should suffice as well. If the OP should desire to buy any guns from a dealer or gun shop he'd hafta have an AZ ID. They're simple and cheap to get so it wouldn't hurt to get one.

SteveH
12-18-2009, 11:04 AM
No, he did not. BATF has stated that a full time student attending an out of State college is considered a resident of that State during the time he is attending classes.

He can bring the firearms back to California with no paperwork or DROS required.

Correct. He's a resident of Arizona 9 months a year and resident of California 3 months a year. During the months that he's a resident of each respective state he can buy guns in one state but not the other.

CaliforniaCarry
12-18-2009, 11:14 AM
My understandng is that, per federal law, it is only legal to purchase a long gun in another state if your state of residence allows. So under normal circumstances, a CA resident cannot purhase a long gun in AZ.

I was not aware of the BATFE statement regarding student residency. Can someone provide a link so that I and any lurkers can get up to speed?

SteveH
12-18-2009, 11:16 AM
My understandng is that, per federal law, it is only legal to purchase a long gun in another state if your state of residence allows. So under normal circumstances, a CA resident cannot purhase a long gun in AZ.

He is not a California resident during the 8-9 months every year that he resides in Arizona.

He is not an Arizona resident during the 3-4 months every year he resides in California.

People tend to over think this stuff.

tazmanian devil dog
12-18-2009, 11:18 AM
There is no registration for long guns in CA (assault weapons excepted). IF he has dual residency or possesses an AZ I.D. card, what is the problem?

MasterYong
12-18-2009, 12:03 PM
Read this thread:

http://www.calguns.net/calgunforum/showthread.php?t=248327

I am currently an AZ resident, with AZ ID, place of residence lease in my name spend 100% of my time here, etc. I will eventually be moving back. Of all the threads I sifted through I found this one to be the most informative.

If it's a long gun there's no issue that I'm aware of, but I'm not a Legal Eagle.

If it's a handgun you need to fill out a new resident handgun form. The summary from the thread linked above is that each time to go form one residence to the next, you are technically moving per federal law. I still have a lease in CA because it was a long-term lease and I had to move rather quickly due to work. All of my possessions are in AZ. I moved here. When I move back I'll fill out the appropriate paperwork with the DOJ, and if I move back soon enough I might even move back into the same house. Just because I had a home rented in CA doesn't mean I'm a CA resident. Same with you.

Again, IANAL, no Legal Eagle here, so get someone else's advice as well that's more experienced... but so far that's what I've found on the subject.

dustoff31
12-18-2009, 12:09 PM
My understandng is that, per federal law, it is only legal to purchase a long gun in another state if your state of residence allows. So under normal circumstances, a CA resident cannot purhase a long gun in AZ.

I was not aware of the BATFE statement regarding student residency. Can someone provide a link so that I and any lurkers can get up to speed?


SteveH is correct in most people overthinking this matter. Likewise the term "dual state resident" is somewhat of a misnomer.

As to residency for the purpose of purchasing firearms, "either you is or you isn't". You can't be both. In my case, when I'm living in AZ, I'm an AZ resident. When I'm living in CA, I'm a CA resident.


www.atf.gov

27 CFR 478.11

State of residence. The State in which an individual resides. An
individual resides in a State if he or she is present in a State with
the intention of making a home in that State. If an individual is on
active duty as a member of the Armed Forces, the individual's State of
residence is the State in which his or her permanent duty station is
located. An alien who is legally in the United States shall be
considered to be a resident of a State only if the alien is residing in
the State and has resided in the State for a period of at least 90 days
prior to the date of sale or delivery of a firearm. The following are
examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a
hunting, fishing, business, or other type of trip. A does not become a
resident of State Y by reason of such trip.

Example 2. A is a U.S. citizen and maintains a home in State X and a
home in State Y. A resides in State X except for weekends or the summer
months of the year and in State Y for the weekends or the summer months
of the year. During the time that A actually resides in State X, A is a
resident of State X, and during the time that A actually resides in
State Y, A is a resident of State Y.

Example 3. A, an alien, travels on vacation or on a business trip to
State X. Regardless of the length of time A spends in State X, A does
not have a State of residence in State X. This is because A does not
have a home in State X at which he has resided for at least 90 days.

EOD Guy
12-18-2009, 1:13 PM
My understandng is that, per federal law, it is only legal to purchase a long gun in another state if your state of residence allows. So under normal circumstances, a CA resident cannot purhase a long gun in AZ.

I was not aware of the BATFE statement regarding student residency. Can someone provide a link so that I and any lurkers can get up to speed?


Ask and Ye shall receive:



ATF Rul. 80-21
"State of residence" is defined by
regulation in 27 CFR 178.11 as the
State in which an individual regularly
resides or maintains a home. The
regulation also provides an example
of an individual who maintains a
home in State X and a home in State
Y. The individual regularly resides in
State X except for the summer
months and in State Y for the summer
months of the year. The regulation
states that during the time the individual
actually resides in State X he is a
resident of State X, and during the
time he actually resides in State Y he
is a resident of State Y.
Applying the above example to outof-
State college students it is held,
that during the time the students actually
reside in a college dormitory or
at an off-campus location they are
considered residents of the State
where the dormitory or off-campus
home is located. During the time outof-
State college students actually
reside in their home State they are
considered residents of their home
State.
[ATFB 1980-4 25]

It's on page 127 of the Federal Firearms Regulations Reference Guide, available here:

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf (Federal Firearms Regulations Reference Guide)