PDA

View Full Version : May I buy an off-roster pistol from a college student with dual residency?


Excelsior
08-18-2012, 10:33 PM
My neighbor's son goes to school in AZ and has offered me a good buy on an off-roster pistol he purchased in AZ. As a college student who splits his time between AZ and CA he meets the legal demands of dual residency.

If he brings the pistol into CA does he have to pay the $19.00 fee with the state before we do a PTP transfer? Also, will there be a waiting period for the transfer? Thanks.

Dead*Reckoned
08-18-2012, 10:44 PM
If he brings the pistol into CA does he have to pay the $19.00 fee with the state before we do a PTP transfer? Also, will there be a waiting period for the transfer?
While maybe not yes per the law it was my experience in your exact scenario that the gun stores required me to get it registered before selling, and Yes.


This covers the federal side of things at least, if you wanted to make sure it was legal.

27 CFR 178.11: MEANING OF
TERMS
An out-of-State college student
may establish residence in a State
by residing and maintaining a
home in a college dormitory or in a
location off-campus during the
school term.
ATF Rul. 80-21
"State of residence" is defined by
regulation in 27 CFR 178.11 as the
State in which an individual regularly
resides or maintains a home. The
regulation also provides an example
of an individual who maintains a
home in State X and a home in State Y.
The individual regularly resides in
State X except for the summer
months and in State Y for the summer
months of the year. The regulation
states that during the time the individual
actually resides in State X he is a
resident of State X, and during the
time he actually resides in State Y he
is a resident of State Y.
Applying the above example to outof-
State college students it is held,
that during the time the students actually
reside in a college dormitory or
at an off-campus location they are
considered residents of the State
where the dormitory or off-campus
home is located. During the time outof-
State college students actually
reside in their home State they are
considered residents of their home
State.
[ATFB 1980-4 25]

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

Librarian
08-19-2012, 1:12 AM
Silly gun store.

No reason to register if the plan is to PPT to somebody else; it's PC 27560 - (a) Within 60 days of bringing a handgun, and commencing
January 1, 2014, any firearm, into this state, a personal firearm
importer shall do one of the following:
(1) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.
(2) Sell or transfer the firearm in accordance with the provisions
of Section 27545 or in accordance with the provisions of an
exemption from Section 27545.
(3) Sell or transfer the firearm to a dealer licensed pursuant to
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2.
(4) Sell or transfer the firearm to a sheriff or police
department.Usually folks moving here take the (a)(1) path but (a)(2) is also a way to satisfy CA.

Remember that works only for people who move here, not just visit.