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View Full Version : Importing an "off list" lower from AZ...


cjp85
02-20-2006, 1:08 AM
Hey guys, if I have a lower in AZ(I have dual residency), how would I be able to bring it back to my home in San Diego and register it? Is it as simple as bringing it here, or will I have to do a DROS for a gun I already own?

artherd
02-20-2006, 1:41 AM
You should talk to your attorney regarding exactly how dual residency is regulated re Firearms. (I belive it is similar to your tax basis, ie you have a Primary Residence... and that's it.)

These lowers are not regulated any different from any longgun at this point, including a single shot .22LR rifle, so there's nothing special about them as of today.

xenophobe
02-20-2006, 1:49 AM
As long as you bring it into the state while it is still unlisted, you may physically transport it however you like... boat, plane, car, pack mules, etc...

If it becomes a listed receiver, then you will need to register it with the state of California if you plan on keeping it here, or plan on taking it back and fourth. I would wait to receive your registration letter before attempting to take it out of state and bringing it back in, just in case you were to get pulled over coming back in.

As for dual residency, as long as they are not Federally controlled, NFA weapons for example, you shouldn't have any problems.

cjp85
02-20-2006, 2:19 PM
Thanks guys.

spunk2
02-21-2006, 12:44 PM
How did you get dual residancy? I would love to have that between CA and AZ.

cjp85
02-21-2006, 5:25 PM
How did you get dual residancy? I would love to have that between CA and AZ.
My girlfriends parents live there and we spend quite a bit of time there, sometimes as much as a month at a time if work permits it. I asked if I could get an AZ id card with their home as my residence and they didn't care. I lost 2 hours of my life at the DMV there, but it was worth it. I was planning on getting an AK and an AR and just keeping the recievers there, but if I could bring a couple stripped lowers back that would be nice too.

webster223
02-21-2006, 5:33 PM
The scenario you describe may run afoul of state and/or federal firearms control laws. In other words, possession of both a CA and an AZ ID may not automatically mean you can (1) legally purchase a firearm in AZ and (2) legally transport this firearm to CA.

I'd run this by a qualified attorney before trying it.

KrazyKevy
02-21-2006, 5:43 PM
I could of sworn I read on the DOJ website that a person who has residency outside California can bring in any type of weapon they own if it is for the purpose of sport shooting and stays in their possession.

Dump1567
02-21-2006, 8:38 PM
I like these sections from the ATF FAQ:

(B12) What constitutes residency in a state?

The state of residence is the state in which an individual is present with the intention of making a home in that state. A member of the Armed Forces on active duty is a resident of the state in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member's permanent duty station is in a nearby state to which he or she commutes each day, then the member may purchase a firearm in either the state where the duty station is located or the state where the home is maintained. An alien who is legally in the United states is considered to be a resident of a state only if the alien is residing in that state and has resided in that state continuously for a period of at least 90 days prior to the date of sale of the firearm. [18 U. S. C. 921( b) and 922( b)( 3), 27 CFR 178.11]


The above section seems to be dealing with mostly aliens and military.

(B13) May a person who resides in one state and owns property in another state purchase a handgun in either state?

If a person maintains a home in 2 states and resides in both states for certain periods of the year, he or she may, during the period of time the person actually resides in a particular state, purchase a handgun in that state. But simply owning property in another state does not qualify the person to purchase a handgun in that state.

And that's just referring to handguns which are usually more controlled than rifles.

I see it like this. When you buy in AZ are you complying with AZ & Fed law? Same when you buy in CA. As long as you don't buy in AZ and than bring something illegal into CA, I don't see a problem. It's not as common in CA to have dual residency due to the weather, but there's plenty of retired "snow birds" from back east that spend the winter in AZ.

bbq_ribs
02-21-2006, 9:38 PM
Last year when I asked the DOJ about moving to California with an AW, they made it sound like all you had to do was call them and they'll happily give you a permit.

Just goes to show you how absolutely ridiculous our stupid CA firearms laws really are. *sigh*