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View Full Version : Buying a gun while visiting home?


Bulleh
06-03-2011, 6:10 PM
Basically I read the wiki, conducted a few searches and reads some threads. I have a pretty good idea on the topic, but I don't know how it exactly applies to my specific situation.

I am a full time college student here in California, but I originally came from another state. I consider myself a CA resident as I live here ~11 months out of a year and visit "home" for about a month or less. When I moved to CA, I applied for residency through the application to vote, got a CA DL, surrendered (hole punched) my old home DL and have a permanent address here. I don't work or pay income taxes as I have a number of scholarships, grants and financial aid that covers tuition and living expenses (one of the scholarships is from my home state).

Basically, I still hold my home state's ID and my family still has a permanent residence there. I was wondering if it was legal for me to purchase an off-list pistol w/10 round mags during my visit home this summer and bring it back to CA. If it is legal, do I need to fill out the "new-residence" application and transfer the gun title to myself in CA?

markw
06-03-2011, 6:34 PM
Not legal. You're a resident here. However if you want off list, you can do an intra familial transfer of one from your mom/dad/grandparents, 10 round magazine limit.

CHS
06-03-2011, 7:46 PM
What you're talking about is, sadly, a violation of federal law.

Markw has it right though in that you can do an intrafamilial transfer (from your parent/grandparent or child/grandchild ONLY) of a non-roster firearm though. It will have to go through a CA FFL in order to be legal.

Alan Block
06-03-2011, 9:57 PM
needed to go thru an FFL.

Mssr. Eleganté
06-03-2011, 10:10 PM
I did not think an interfamily transfer needed to go thru an FFL.

I'm assuming you meant intrafamily and not interfamily.

It's true that intrafamily transfers are exempt from California's dealer transfer requirements. But they are not exempt from the FFL transfer requirements of Federal law. That means if the two parties to the transaction are residents of different States, the transfer has to go through an FFL to comply with Federal law.

ELBong
06-04-2011, 10:39 AM
Do your parents still claim you as a dependant on their federal income tax forms? If yes, I would argue that your parent's home is your permanent residence and your California home is a temporary residence. You would probably have to have a lawyer confirm this.

Quser.619
06-04-2011, 2:13 PM
Definitely go the intrafamily route. Costs $19 & 10 days + whatever the local FFL will charge. Read your home state's laws as well, one violation of either state's laws & you've now committed a Federal offense.

Call local gun shops & verify that they will indeed do it. Took me a while to find one who would. I also sent a signed copy of the intrafmaily transfer paperwork along w/ the pistol, but that isn't required. I did so more for a CYA for my FFL.

Do be surprised if many won't do it or tell you you cannot.

Texas Boy
06-04-2011, 5:09 PM
skip all the family transfer stuff. Just find a shop in your area that does single shot exemptions. These are becoming more common. The shop must have a mfg's license, but that is just some paperwork on their end.

Here is how it works: the gun shop gets a mfg's FFL and imports off roster guns, then converts them to single shot. They sell you the gun as a single shot (roster no longer applies). When you pick up the gun, you walk out the front door, turn around, and walk back in with your gun and request it be converted back to normal operation. The single shot conversions do not involve any permanent modifications to the gun and some shops are adding little to no markup for this service.

Bulleh
06-04-2011, 5:39 PM
Do your parents still claim you as a dependant on their federal income tax forms? If yes, I would argue that your parent's home is your permanent residence and your California home is a temporary residence. You would probably have to have a lawyer confirm this.

Yeah, I think my mom claims me as an exemption on her taxes, probably a dependent.

Thanks for all the advice guys, I have no intention on breaking any laws, I just wanted to make sure if it was legal or not before I started anything.


On a side note, I remember reading a thread a couple months back (can't seem to find it now) but somewhere it said that college students have an exemption through federal law and can have dual residency, even though CA doesn't allow dual residency. Can anyone confirm or deny this? Thanks!

CHS
06-04-2011, 10:13 PM
Here is how it works: the gun shop gets a mfg's FFL and imports off roster guns, then converts them to single shot. They sell you the gun as a single shot (roster no longer applies). When you pick up the gun, you walk out the front door, turn around, and walk back in with your gun and request it be converted back to normal operation. The single shot conversions do not involve any permanent modifications to the gun and some shops are adding little to no markup for this service.

Who makes an 8-9" XDm or HK45 barrel?

Texas Boy
06-05-2011, 12:09 AM
Who makes an 8-9" XDm or HK45 barrel?

Not sure who makes the legal length barrels, but there is a gun shop close to my house that sells new XD's and HK45's (the XD's are on the shelf, the HK45's are spoken for before they come in so you have to order one). They do the single shot conversion (which I forgot includes the longer barrel). They do have a small machine shop, so perhaps they made a small number of barrels realizing that every customer is going to convert the gun back (and return the barrel) upon receipt. Or perhaps they bought them. I'll ask next time I'm over there. Good question.