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View Full Version : Inter-Family Transfer from out of state - Question


Chris M
11-20-2007, 8:14 PM
I'm currently in Texas, visiting my mother. I was at Cabelas today, and saw a good deal on a shot gun. My mother is both a resident of Texas and California (She has a house in San Antonio and in Sacramento, and works in San Jose). Is there any way she can purchase the gun, bring it on the plane back to California and transfer it to me? Any need to deal with FFL and/or 10-day waiting period? Any advice is much appreciated.

The 10-day wait is no big deal. I just don't want to have to pay more money than I need to.

Chris M
11-20-2007, 8:41 PM
OK, I just took a look at the following:

http://ag.ca.gov/firearms/pubfaqs.php#20

Does this mean that my mother can purchase a shotgun in TX, travel to CA, and transfer it to me?

bwiese
11-20-2007, 8:41 PM
If your mother indeed has dual residency.

Owning house(s) in another state and occasional mere visits to them likely doesn't establish Fed/ATF residency standards. Appreciable time (and I don't know what that is, off-hand - someone else here may have that) and really 'living' there for periods is what has to happen.

Chris M
11-20-2007, 9:29 PM
If your mother indeed has dual residency.

Owning house(s) in another state and occasional mere visits to them likely doesn't establish Fed/ATF residency standards. Appreciable time (and I don't know what that is, off-hand - someone else here may have that) and really 'living' there for periods is what has to happen.

She does have dual residency. She lives in TX on most weekends & occasionally telecommutes from TX, and lives in CA during most weeks. Her work makes things complicated. We're currently using vacation time to get a few things done around her house this week, and I wanted to take advantage of the time out of state.

[edit]
I just confirmed that she has a Permanent place of Residence in both states.

Trader Jack
11-20-2007, 9:56 PM
If your mother indeed has dual residency.

Owning house(s) in another state and occasional mere visits to them likely doesn't establish Fed/ATF residency standards. Appreciable time (and I don't know what that is, off-hand - someone else here may have that) and really 'living' there for periods is what has to happen.

Where do you file your taxes? Ca. or Texas? The state you file in is your state of residency. If you file duel returns, one for Ca. and one for Texas, then your residency is determined by where you live OR work 51% of the time of year.

Mssr. Eleganté
11-20-2007, 9:59 PM
Where do you file your taxes? Ca. or Texas? The state you file in is your state of residency. If you file duel returns, one for Ca. and one for Texas, then your residency is determined by where you live OR work 51% of the time of year.

Not according to BATFE and the 1968 Gun Control Act. They are not quite so strict on the State of residency issue.

Chris M
11-20-2007, 11:16 PM
OK, well, let's put it this way:

According to California, she lives in California. Her vehicle is registered in CA. Her drivers license is CA. Her permanent residence is in CA. If she were able to purchase a shotgun in TX (assuming the background check and such go through successfully - which may be a problem since she has a CA DL), she shouldn't have any problem bringing the shotgun into CA, correct? Therefore, she wouldn't have any problem 'giving' the shotgun to me, right?

Mssr. Eleganté
11-20-2007, 11:33 PM
Her vehicle is registered in CA. Her drivers license is CA. Her permanent residence is in CA. If she were able to purchase a shotgun in TX (assuming the background check and such go through successfully - which may be a problem since she has a CA DL), she shouldn't have any problem bringing the shotgun into CA, correct? Therefore, she wouldn't have any problem 'giving' the shotgun to me, right?

Yes, you are correct.

But she will need a government issued I.D. showing her Texas address in order to buy a firearm from the Texas gunshop.

Hunter
11-20-2007, 11:35 PM
Amendment II is 100% correct here in that residency requirements for purchasing a firearm in another state is much simplier and one doesn't have to meet the IRS residency rules to be considered a resident of that state for a firearm purchase. So a person can indeed have dual residency (i.e. a vacation/2nd home in another state where they live only part time) and legally purchase firearms in each state they live in while they are presently living in that state. So if your mom meets the residency requirements of TX and is OK'd to buy a shotgun there, she can indeed bring it back to CA with her. She can also transfer it to you as a gift, once in CA, without an FFL involved.

Chris M
11-21-2007, 7:46 PM
But she will need a government issued I.D. showing her Texas address in order to buy a firearm from the Texas gunshop.

Correct. She tried it today, but because she has a CA D/L, they denied her the purchase. Oh well. Thanks for the info.