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View Full Version : Buying a gun out of state, with a twist


marklbucla
12-13-2012, 11:16 PM
The ATF online FAQ: http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-purchase



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]


Following the link: http://www.gpo.gov/fdsys/pkg/CFR-2012-title27-vol3/xml/CFR-2012-title27-vol3-sec478-11.xml

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 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 2 Applies to me, but I've already switched my DL to CA and my UT CCW shows a TX address still. I'm currently in TX for awhile at my own property that I've been to regularly.

Can I buy either long guns or handguns either from a FFL or PPT while in TX and holding a CA DL? Any issues that the DOJ would give me with the New Resident form showing that I've bought something outside the CA protocol?

Librarian
12-14-2012, 12:13 AM
If you are in one of the states where you are a resident - and that's between you and the state - you wouldn't be buying a gun 'out of state'. In a state where you are a resident, you follow the Federal laws and the state laws for where you are.

California doesn't care about guns purchased out of CA; it does care what you bring here in the way of 'assault weapons'.

Whether you actually need to register handguns (and long guns, in 2014) you bring is not really understood; state gun law does not deal with people with residence in more than California.

Hanniballs
12-14-2012, 8:47 AM
Just get a state ID.

marklbucla
12-14-2012, 8:55 AM
Just get a state ID.

As I understood it, one can only have one valid DMV issued DL or ID card at one time. Is this not the case?

Hanniballs
12-14-2012, 8:59 AM
As I understood it, one can only have one valid DMV issued DL or ID card at one time. Is this not the case?

You can have one valid DL. You can get a ID from the second state.

Artema
12-14-2012, 9:12 AM
For me, I can buy guns in Cali because my TX driver's license has my California address. So does this also mean I could buy in Texas?

Librarian
12-14-2012, 11:26 AM
For me, I can buy guns in Cali because my TX driver's license has my California address. So does this also mean I could buy in Texas?

If you have a CA address, a TX seller ought to question whether you are a resident of TX. If you're not - and that's up to TX - then no TX person can sell you a gun legally without sending to to an FFL in CA.

See also http://www.calguns.net/calgunforum/showthread.php?t=503873

bwiese
12-14-2012, 11:32 AM
Just having outta-state ID and perhaps some property really doesn't raise to the level of ATF residence.

morrcarr67
12-14-2012, 3:06 PM
Just having outta-state ID and perhaps some property really doesn't raise to the level of ATF residence.

True.

But the OP said:



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 2 Applies to me, ....