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View Full Version : Purchasing AR/AK out of state, "fixing" and bringing back...


BlackReef
05-15-2007, 3:24 PM
Remember, I am still a newb here, and I am learning as I go, have a question:

Just out of curiousity, what if I were to drive to AZ, buy an AW, equip it with a Bullet Button, a 10 round magazine, (before crossing back to Cali, of course) is it now a CA Legal rifle that is free and clear for me to bring back to cali? There has got to be a catch with doing this. Please advise...

Nefarious
05-15-2007, 3:28 PM
Im talking out of my arse here, but if your a Cali resident ... I dont believe you can walk into a gunshop, purchase a firearm out of state, and take it home with you? I think they must first ship it to your Local FFL and you start the DROS here.... which would defeat the purpose of going out of state to purchase.

If your wanting something interesting :) have it sent to CWS ... they will Kalifornikate it for you if possible and ship it to your local FFL

BlackReef
05-15-2007, 3:30 PM
In a state like AZ, is it necessary for a DROS on a private-party sale? I thought that was just a Cali thing (Note: Private Party, not a FFL Dealer)

thedrickel
05-15-2007, 3:30 PM
Federal law says you couldn't purchase it. But the seller may let you reconfigure it, pay for it, and then ship it to your CA FFL.

bwiese
05-15-2007, 3:30 PM
For all practical purposes, you cannot buy guns outside CA as a CA resident. They have to run thru a CA FFL dealer. Period.

Doesn't matter if it's an AW, it's any gun. [There's no such thing as an AW in AZ anyway, it's just a long gun.]

(There are some C&R issues as well as if there's dual-residency complexities.)

As a CA resident, if you acquire a regular firearm outside CA, you've done so illegally, and violated both Federal and CA law (once bringing it back to CA).

adamsreeftank
05-15-2007, 3:35 PM
I believe it is against federal law to purchase and receive a firearm in a state other than your state of residence. If you went to Nevada and purchased a rifle you would still need to have it shipped to a CA FFL for the DROS and 10 day wait. It would also need to be CA compliant and not using a "listed" make and model.

You are better off finding a local FFL who will sell an off list lower and assembling the gun yourself.

edit: too slow, but it bears repeating.

rorschach
05-15-2007, 3:52 PM
In a state like AZ, is it necessary for a DROS on a private-party sale? I thought that was just a Cali thing (Note: Private Party, not a FFL Dealer)

No DROS for PPT, but you must be a resident of AZ.

hardkore909
05-15-2007, 4:15 PM
What if you are a resident of two states? Live in cali,but claim another state on your taxes and also have a residence there ie:vacation home? Could you then buy a firearm in that state and configure it in a way where it would then be ca legal and bring it back(leaving all the ca illegal crap behind)?

PIRATE14
05-15-2007, 6:07 PM
Well.....in order to purchase a firearm out of state....the FFL is req'd to follow your states laws on purchasing a long gun.....since no one around can run a dros...you are stuck w/ a xfer.......you can't FTF since you aren't a state resident.....:chris:

Now guys that live in New Mexico, AZ, OK, and LA can come to my shop in El Paso and buy a long gun cause I can comply w/ their state laws and Texas on sales of long guns......but no handguns.....

Now a guy from AZ can't walk into a CALI store and walk out w/ a gun because even though you could comply w/ AZ law....you can't w/ Cali.....

Now if you were a active duty guy and your base was located across two states you could buy a handgun in either state......

If you have houses in a couple of different states.....if you had a ID for each state....you could get around the system but......that brings up more questions....

bwiese
05-15-2007, 6:09 PM
What if you are a resident of two states? Live in cali,but claim another state on your taxes and also have a residence there ie:vacation home? Could you then buy a firearm in that state and configure it in a way where it would then be ca legal and bring it back(leaving all the ca illegal crap behind)?

Dual residency is not necessarily easy as it sounds.

BTW, living in CA and not paying taxes here and having a vacation home elsewhere is a sure way to get the FTB tax folks after you.

Gun residency is not just about tax residency, either.

Anyone trying this would be well-advise to really research this and/or talk to a gun lawyer, because the penalties could be bad on both federal and state levels.

hoffmang
05-15-2007, 6:16 PM
There is one option. You could go to an FFL out of state with a CA FFL's contact info who you've pre-cleared shipping back to. There you can modify the gun at the out of state FFL so the firearm is importable into CA. You pay him and he transfers to your CA FFL who runs the DROS and implements the 10 day wait.

Dual residency for ATF purposes is not that hard but does take real efforts to have an additional residence (aka 1 month plus of rental or property ownership.) The ATF FAQ gives pretty good guidance on residency.

-Gene

PIRATE14
05-15-2007, 6:22 PM
Anyone trying this would be well-advise to really research this and/or talk to a gun lawyer, because the penalties could be bad on both federal and state levels.

Ya it's a complicated world.......I don't see why you want to do it anyway....there are few vendors here that will get you almost anything that is legal in the state and if it costs you a few more bucks now, it might save you a lot of grief and $$$$$ later.......:(

Dump1567
05-15-2007, 6:50 PM
What if you are a resident of two states? Live in cali,but claim another state on your taxes and also have a residence there ie:vacation home? Could you then buy a firearm in that state and configure it in a way where it would then be ca legal and bring it back(leaving all the ca illegal crap behind)?

ATF FAQ:

(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back (http://javascript<b></b>:history.back(1))]
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. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.
[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.

SLYoteBoy
05-15-2007, 10:35 PM
Say you lived in AZ , and bought an OLL fully built there , then moved to california , after youve installed bullet button and ten round mag?

blkA4alb
05-15-2007, 10:37 PM
Say you lived in AZ , and bought an OLL fully built there , then moved to california , after youve installed bullet button and ten round mag?

Yes that would be legal.