View Single Post
Old 07-04-2012, 12:32 AM
Quiet's Avatar
Quiet Quiet is offline
retired Goon
Join Date: Mar 2007
Location: San Bernardino County
Posts: 23,182
iTrader: 10 / 100%

Originally Posted by rjeusmc View Post
I know it may have been covered but I had a couple questions straight away.

If I am Military with "dual-residency", under what circumstances may I sell my off-roster handguns to a CA resident? In order to conduct a PPT, you will need your Military ID and your orders for CA. If you do not have orders for CA, you will not be able to conduct a PPT.

If I bought a gun from my home state as a gift for a CA resident am I violating federal law? In order to be a gift, no money can exchange hands.

If I purchase from out of state and decide in CA that I want to do a private sale am I in legal jeopardy? Depends on when you acquired the handgun, before or after you recieved orders for CA.
"dual residency" is tricky.

Legally (Feds & CA), with your Military ID and orders for CA, you can conduct PPTs of firearms you brought with you to CA.

Because, technically the Feds consider active duty military to be residents of the state they have orders for, if you have orders for CA, you can not legally travel to another state and acquire a handgun.

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.

Example 3. A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.

"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).

Last edited by Quiet; 07-04-2012 at 12:40 AM..
Reply With Quote