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View Full Version : Want to buy a gun, just one problem.......


slootdude
04-18-2011, 6:07 PM
Ok,so heres the deal. I work in Texas, but live here in southern California. My company requires me to have a Texas drivers license due to having a company truck and insurance reasons. I know I cannot purchase handguns here and honestly, the prices in Texas are cheaper and no waiting period, so I'm fine with that. but I found a rifle on here I would like to purchase from a calgunner. can i do this? If so what is the process? Thanks!

Decoligny
04-18-2011, 6:26 PM
Simply get a California State Identification Card.

Vipersx911
04-18-2011, 7:05 PM
Simply get a California State Identification Card.

Also make sure the identification card is up to date with the current address in CA that you reside at.

CHS
04-18-2011, 7:30 PM
And if it really is a "must have it now" type of item, have them mail it to an FFL in Texas where you can do the transfer and then drive it back to CA.

Or, if it's a rifle more than 50 years old, there is no need for an FFL and you can cash and carry it. Even without a CA ID. You are a CA resident, and ID is not required for a cash and carry sale.

hawk1
04-18-2011, 7:56 PM
Texas are cheaper and no waiting period

Plus you don't have the stupid *** roster to deal with...;)

Dieseldog
04-19-2011, 8:47 AM
Get a CA ID card. Is the Texas license for Commercial vehicles? If i remember correctly, CA will not issue a Commercial License to you unless you forfeit the out of state one. Not sure you need to forfeit the out of state CDL if you apply for a Class C license.

slootdude
04-19-2011, 10:33 AM
Ok, well thanks for the responses. I really don't want to get a CA ID and definitely don't want to transfer my DL. I did some research and it seems CA is one of the only states where an out of state resident cannot buy a long gun. Most other states allow it. Anyways, i guess I'll just have my brother purchase it for me. Thanks!

Librarian
04-19-2011, 11:49 AM
Ok, well thanks for the responses. I really don't want to get a CA ID and definitely don't want to transfer my DL. I did some research and it seems CA is one of the only states where an out of state resident cannot buy a long gun. Most other states allow it. Anyways, i guess I'll just have my brother purchase it for me. Thanks!

Of course you mean "I'll have my brother buy it so I can use it while I'm in California". At some future date he could send it to a TX FFL, where it could be legally transferred to you as an interstate transfer, CA to TX.

slootdude
04-19-2011, 11:50 AM
Actually i mean exactly what i said. CA DOJ Allows gifting between direct family. Regardless of state of residency.

beauregard
04-19-2011, 11:55 AM
Simply get a California State Identification Card.

This.

mej16489
04-19-2011, 11:55 AM
Actually i mean exactly what i said. CA DOJ Allows gifting between direct family. Regardless of state of residency.

Intrafamilial transfers are up/down in relationship, not side to side. Brother to Brother doesn't qualify.

slootdude
04-19-2011, 11:56 AM
Ok then, guess Mom is getting a new rifle.

1 SIG fan
04-19-2011, 12:59 PM
AND, that could be a straw purchase because he (or your mom) would be specifically buying it for you and not them selves. They Could buy it, hate it then give it to you etc... but i don't believe they can buy it with the intent that it's for you. 'I THINK' don't FUD me ;)

BusBoy
04-19-2011, 1:04 PM
AND, that could be a straw purchase because he (or your mom) would be specifically buying it for you and not them selves. They Could buy it, hate it then give it to you etc... but i don't believe they can buy it with the intent that it's for you. 'I THINK' don't FUD me ;)
:beatdeadhorse5:

CHS
04-19-2011, 1:25 PM
What's the big deal with getting a CA ID card? You live here, you probably SHOULD have one. It's going to impact your TX drivers license in any way, and you'll be able to purchase guns here.

In other words, there are no negatives to having a CA ID, only positives.

Munk
04-19-2011, 2:14 PM
What's the big deal with getting a CA ID card? You live here, you probably SHOULD have one. It's going to impact your TX drivers license in any way, and you'll be able to purchase guns here.

In other words, there are no negatives to having a CA ID, only positives.

Also, he should know: A CA Identification Card, is NOT a Driver's license. It's merely a legal form of identification, and the DMV issues them because they've got the ID making machinery and process.

It's easy to apply for and should be quick on the turn around time.

Librarian
04-19-2011, 2:21 PM
Actually i mean exactly what i said. CA DOJ Allows gifting between direct family. Regardless of state of residency.
Even if it worked brother to brother, which you now know it doesn't, Feds require interstate transfer to use an FFL - Feds don't care about family relationships.

See also the Calguns Foundation Wiki articles on

Intrafamilial transfer - http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate

CHS
04-19-2011, 3:02 PM
Even if it worked brother to brother, which you now know it doesn't, Feds require interstate transfer to use an FFL - Feds don't care about family relationships.


The OP is a California resident though.

Librarian
04-19-2011, 3:21 PM
The OP is a California resident though.

Ah! You're right. Ok,so heres the deal. I work in Texas, but live here in southern California. I remembered that, incorrectly, the other way 'round.

Sorry, OP.

IGOTDIRT4U
04-19-2011, 3:45 PM
Plus you don't have the stupid *** roster to deal with...;)

Rifle, not handgun.

slootdude
04-19-2011, 4:30 PM
I called CA DOJ today and had all my questions answered. According to the firearm bureau, my Mom can in fact purchase and do the ppt, and then give the rifle to me as a gift. That's really all i needed to know. So thanks for everyone's input.

707electrician
04-19-2011, 5:23 PM
CA to TX is one hell of a commute!

Theseus
04-19-2011, 9:30 PM
I thought the "straw man" deal was when the purchase was for a prohibited person, and not a legitimate gift purchase?

Connor P Price
04-19-2011, 9:36 PM
I thought the "straw man" deal was when the purchase was for a prohibited person, and not a legitimate gift purchase?

Its generally done for a prohibited person so people think of it that way. However the law doesn't require that it be a prohibited person, just that its purchased with the intent to transfer to another. Then there is the exception for bonafide gifts.

Munk
04-19-2011, 11:05 PM
I thought the "straw man" deal was when the purchase was for a prohibited person, and not a legitimate gift purchase?

Its generally done for a prohibited person so people think of it that way. However the law doesn't require that it be a prohibited person, just that its purchased with the intent to transfer to another. Then there is the exception for bonafide gifts.

I think Theseus's idea was the original INTENTION of the law. It was meant to prevent crooks from getting ahold of guns. Newer bastardized interpretations have made it so that law abiding citizens FEEL like crooks if they buy their buddy a gun.

Think we can get a parapalegic with a weak cardio vascular system as a defendant for a case like this (obviously a person that isn't otherwise restricted)? Sends out his caregiver to use his money to buy a gun so he can defend himself during the caregiver's off hours. Is unable to go out and purchase himself, since the exertion of getting around would shut him down. (also, Agoraphobic, or otherwise disabled person who is unable to go out and purchase a gun themselves, i'm sure there's options)

bld0121
04-20-2011, 12:42 AM
Think we can get a parapalegic with a weak cardio vascular system as a defendant for a case like this (obviously a person that isn't otherwise restricted)? Sends out his caregiver to use his money to buy a gun so he can defend himself during the caregiver's off hours. Is unable to go out and purchase himself, since the exertion of getting around would shut him down. (also, Agoraphobic, or otherwise disabled person who is unable to go out and purchase a gun themselves, i'm sure there's options)

:D^^^^ I LIKE WHERE THIS IS GOING!!! ^^^^^^:D

NSR500
04-20-2011, 12:58 AM
WTH is your aversion to a CA State ID, OP?

I have a TX State ID and a CA DL. I maintain a home in each State and make legal purchases in both States using their respective State forms of ID.
Be a Man and handle your own business instead of walking an obscure and potentially illegal path to what you want.

Kharn
04-20-2011, 4:35 AM
Federal law does not recognize intra-family gifts that cross state lines. If your id says Texas, you must transfer the rifle through an FFL capable of selling firearms to a Texas resident.

Your options are either get a CA state id and purchase it in CA or have the rifle shipped to a TX (or other state) FFL and do the paperwork there.

Hozr
04-20-2011, 9:46 AM
If you truly live in California:

From the DMV:


You must apply for a California state I.D. card or Drivers License within ten days of moving here or upon accepting employment. This includes commercial driver licenses and motorcycle licenses.


Make sure you aren't breaking any laws driving here.

slootdude
04-20-2011, 10:55 AM
WTH is your aversion to a CA State ID, OP?

I have a TX State ID and a CA DL. I maintain a home in each State and make legal purchases in both States using their respective State forms of ID.
Be a Man and handle your own business instead of walking an obscure and potentially illegal path to what you want.

I posted this question simply cuz i found a rifle i REALLY wanted, and since it was a "buy now" kind of deal and CA doesn't accept a temporary ID for gun purchases, thats the only reason I was trying to figure out how to do it without a CA ID.
Now, as for "be a man and handle your own business" perphaps you should look at the legality of your own situation. You may only establish residency in ONE state, regardless of owning homes in multiple states. You can google it as to the reasons why. So by having a DL in one state and an ID in another is basically attemtping to establish residency in two states. Federal law says you may only purchase handguns in your home state, so if you are not allowed to claim residency in 2 states, and you already stated you purchase guns in both states, aren't you violating the law?

slootdude
04-20-2011, 11:01 AM
unless you are military................. sorry forgot that changes everything. so if you are, sorry i left that out

CHS
04-20-2011, 11:05 AM
So by having a DL in one state and an ID in another is basically attemtping to establish residency in two states. Federal law says you may only purchase handguns in your home state, so if you are not allowed to claim residency in 2 states, and you already stated you purchase guns in both states, aren't you violating the law?

No, you are a CA resident who works in TX with a TX DL.

You SHOULD have a CA ID so as to obey CA law. Nothing wrong with having a TX DL and CA ID at the same time. You just can't have a CA DL and a TX DL.

You will be allowed by Texas to buy guns in TX simply with a TX DL, but that doesn't make it legal unless TX law considers you a resident. If you work in a state for enough time out of the year, the BATFE will usually consider that sufficient "residency" for the purchase of firearms. Many state laws consider you a resident if you work enough time out of the year in that state as well.

But since you LIVE in CA, you are first and foremost a CA resident.

slootdude
04-20-2011, 11:16 AM
This conversation has honestly become pointless, I already had my question answered by CA DOJ. The fact of the matter is, when i am in CA, I am only here 7 days at a time. I work 21 on and 7 off. I have bills that get sent to Texas, as well as bills at a house in CA. So if going on the idea of where more time is spent as to establish residency, i guess TX is my home state. But where i call home and get the most comfortable sleep, CA. I do not have a CA ID because quite simply i rarely exceed the 10 day rule and do not see a real need for one. I have a US passport that i sometimes us as identification if needed but overall my TX DL does the job.

Now the issue i was trying to address above was the whole purchasing guns in 2 states. CA DOJ does not allow CA residents to purchase any firearms out of state. Where as most other states allow their residents to purchase longguns, NOT handguns out of state. However CA does not allow out of state residents to purchase long guns from a dealer in CA, unless it is sent to an FFL in their home state. That's really all i was trying to say. So if have a CA DL, i would assume you claim residency here, you may not under CA DOJ laws, purchase guns in any other state, period. Am i interpreting this wrong?

Munk
04-20-2011, 2:20 PM
This conversation has honestly become pointless, I already had my question answered by CA DOJ. The fact of the matter is, when i am in CA, I am only here 7 days at a time. I work 21 on and 7 off. I have bills that get sent to Texas, as well as bills at a house in CA. So if going on the idea of where more time is spent as to establish residency, i guess TX is my home state. But where i call home and get the most comfortable sleep, CA. I do not have a CA ID because quite simply i rarely exceed the 10 day rule and do not see a real need for one. I have a US passport that i sometimes us as identification if needed but overall my TX DL does the job.

Now the issue i was trying to address above was the whole purchasing guns in 2 states. CA DOJ does not allow CA residents to purchase any firearms out of state. Where as most other states allow their residents to purchase longguns, NOT handguns out of state. However CA does not allow out of state residents to purchase long guns from a dealer in CA, unless it is sent to an FFL in their home state. That's really all i was trying to say. So if have a CA DL, i would assume you claim residency here, you may not under CA DOJ laws, purchase guns in any other state, period. Am i interpreting this wrong?

ID is not proof of residency. Especially not the CA ID card. That's an ID only. Illegals, non-residents, and the underage can and are sometimes encouraged to get a CA ID card as a means of establishing legal age and identity. However, since your business interests don't keep you here long, and the ID wouldn't do you much good since you have a legal proof of ID in the form of your TX DL, and you're not considered a resident, I fail to see a compelling reason to get a CA ID. (If things change and you DO get residency status, get a CA ID so you can buy guns here)

As a CA resident, you can pay view, and pay for a firearm elsewhere, but it will have to be sent to a CA FFL to hold for the 10-day and finish the DROS and transfer process. It's also subject to the various posession laws like AW, SBR, SBS, and NFA, and the CA roster (if handgun).

slootdude
04-20-2011, 2:50 PM
I guess i didnt explain what i was trying to say well, I know that as a CA resident you can purchase from out of state if it is shipped to a CA FFL and then DROS'd. Difference with other states is, if i live in Texas and travel to see my brother in North Carolina. While there i decide to purchase a hunting rifle, i can purchase and leave the store with the gun. This can only be done with long guns and NOT handguns. However if i am a resident of CA with a CA DL i cannot do the same transaction. It must be shipped to a CA FFL and DROS'd.

I appreciate everyone's input, i just honestly don't appreciate someone who makes a comment saying "be a man blah blah blah" and saying what i am doing is illegal when in fact his own situation could itself be illegal. That's why i brought up the issue of attempting to establish residency in 2 states. Having a DL in CA and an ID in TX. Federal law says you may only purchase handguns in your HOME state. So if you are capable of buying guns in both states, who's to stop you from violating the law? Or do we just trust the honor system? Once again, am i wrong in the way i am interpreting this?

NSR500
04-20-2011, 4:49 PM
I posted this question simply cuz i found a rifle i REALLY wanted, and since it was a "buy now" kind of deal and CA doesn't accept a temporary ID for gun purchases, thats the only reason I was trying to figure out how to do it without a CA ID.
Now, as for "be a man and handle your own business" perphaps you should look at the legality of your own situation. You may only establish residency in ONE state, regardless of owning homes in multiple states. You can google it as to the reasons why. So by having a DL in one state and an ID in another is basically attemtping to establish residency in two states. Federal law says you may only purchase handguns in your home state, so if you are not allowed to claim residency in 2 states, and you already stated you purchase guns in both states, aren't you violating the law?


I'm 100% legal.

I am a resident of where I legally reside. When I actively reside in California, I can legally purchase in California. When I actively reside in Texas, I can legally purchase in Texas.

CHS
04-20-2011, 4:49 PM
I appreciate everyone's input, i just honestly don't appreciate someone who makes a comment saying "be a man blah blah blah" and saying what i am doing is illegal when in fact his own situation could itself be illegal. That's why i brought up the issue of attempting to establish residency in 2 states. Having a DL in CA and an ID in TX. Federal law says you may only purchase handguns in your HOME state. So if you are capable of buying guns in both states, who's to stop you from violating the law? Or do we just trust the honor system? Once again, am i wrong in the way i am interpreting this?

I've already told you, twice I think, the BATFE is concerned about your residency WHEN YOU PURCHASE THE GUN, and they look to how the STATE defines that residency that you are in.

Since you actually LIVE in CA, you are primarily a CA resident.

However, because you work in Texas 21 days out of the month (and I'm going to assume 12 months out of the year), the BATFE would actually consider that enough to qualify for residency in Texas and you would be allowed to purchase firearms. Even better if Texas law backs you up. Many states say that if you work X percentage of the time in a state, you are a resident while working in that state.

So while you are in Texas, you are considered a resident of Texas for the purpose of purchasing handguns.

slootdude
04-20-2011, 5:13 PM
all i am getting from this is you interpret the law so that it fits your own situation. nothing i planned to do was illegal, simple as that.

So i'm assuming when you "actively reside" in Texas, after 10 days you go, turn in your CA DL and transfer it to a TX DL and vice versa when in CA? Isn't that following the letter of the law?

NSR500
04-20-2011, 5:25 PM
all i am getting from this is you interpret the law so that it fits your own situation. nothing i planned to do was illegal, simple as that.

So i'm assuming when you "actively reside" in Texas, after 10 days you go, turn in your CA DL and transfer it to a TX DL and vice versa when in CA? Isn't that following the letter of the law?


Lacking the reading comprehension skills, eh...

bdsmchs and I already covered the issue. If you still don't get it, then you don't. I'm not going to spoon feed you something you don't comprehend that deals with the interpretation, and compliance to State & Federal laws.

CHS
04-20-2011, 8:45 PM
all i am getting from this is you interpret the law so that it fits your own situation. nothing i planned to do was illegal, simple as that.

So i'm assuming when you "actively reside" in Texas, after 10 days you go, turn in your CA DL and transfer it to a TX DL and vice versa when in CA? Isn't that following the letter of the law?

It's been spelled out quite clearly in this thread multiple times.

At this point I just have no clue what you're talking about anymore.

Taxidave
04-21-2011, 11:41 AM
from 27CFR478.11
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.