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EBR Works
06-03-2011, 1:30 PM
What criteria is used to establish if an individual has dual residency?

Let's use a hypothetical example:

California resident Arnold S. has a second home in Arizona. He occasionally travels there and spends several weeks at a time residing at that location. Arizona has issued him a resident ID card. Arnold S. has purchased firearms in Arizona and has obtained an Arizona resident CCW. Arnold S. still resides in California most of the time and still retains his California driver's license.

Is this a legal scenario?

I had a customer ask this of me and I was not sure.

Thanks.

taperxz
06-03-2011, 1:41 PM
What criteria is used to establish if an individual has dual residency?

Let's use a hypothetical example:

California resident Arnold S. has a second home in Arizona. He occasionally travels there and spends several weeks at a time residing at that location. Arizona has issued him a resident ID card. Arnold S. has purchased firearms in Arizona and has obtained an Arizona resident CCW. Arnold S. still resides in California most of the time and still retains his California driver's license.

Is this a legal scenario?

I had a customer ask this of me and I was not sure.

Thanks.

California resident. He however is entitled to enjoy the benefits of Arizona laws while in Arizona. Coming back to CA he must leave all the joy behind though.

dustoff31
06-03-2011, 3:09 PM
Perfectly legal. Also see Q2, Pg 4, ATF Form 4473.


http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf

ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an off-campus location, they are considered residents of the State where the on-campus or off-campus housing is located.

randian
06-03-2011, 4:07 PM
How about the reverse? A person with an Arizona primary residence and a California ID card, having residences in both states, wants to get a California CCW.

dustoff31
06-03-2011, 4:14 PM
How about the reverse? A person with an Arizona primary residence and a California ID card, having residences in both states, wants to get a California CCW.

That's up to the issuing authority, it has nothing to do BATFE regs for the purpose of buying guns.

This was a big part of what the Perruta lawsuit against the San Diego County Sheriff was about. Mr. Perruta has two residences, one back east and one in SD County. The sheriff first refused to issue because he didn't consider Perruta a resident. But IIRC, the sheriff caved on that and came up with some other excuse not give him a permit.