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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 09-03-2013, 3:52 AM
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Default California Billing Address

This is kind of a specific case but basically, I'm a student in Arizona but my permanent address is in CA. As defined by law, I am a resident of Arizona while I am here (obviously during the school year). Anyways, I'm trying to get myself a BCM AR and of course most dealers won't sell because my billing address is in CA. Goddamn it's annoying. Although I suppose it makes sense because they wouldn't want to ship to an FFL and have to customer not be able to pick it up... I hate California gun laws. /endrant
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  #2  
Old 09-03-2013, 10:39 PM
rayz13 rayz13 is offline
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um, pay cash? and list your arizona address? not sure if you could bring said AR back to CA though
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  #3  
Old 09-04-2013, 8:42 AM
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Check Arizona Law, to be sure, but transient students are usually considered residents of their parents State, unless you go with an AZDL/AZVR and other things you are considered a resident of your parents state. It varies in each State.
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  #4  
Old 09-04-2013, 1:26 PM
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Originally Posted by Californio View Post
Check Arizona Law, to be sure, but transient students are usually considered residents of their parents State, unless you go with an AZDL/AZVR and other things you are considered a resident of your parents state. It varies in each State.
Feds are quite clear that students living in a state for college, are residents of that state for gun-buying purposes.

http://wiki.calgunsfoundation.org/Fe...y_requirements

ATF Rule 80-21
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Applying the above example to out-of-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
out-of-State college students actually reside in their home State they
are considered residents of their home State.
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There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

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  #5  
Old 09-04-2013, 2:13 PM
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Originally Posted by Librarian View Post
Feds are quite clear that students living in a state for college, are residents of that state for gun-buying purposes.

http://wiki.calgunsfoundation.org/Fe...y_requirements

ATF Rule 80-21
Guess I'm gonna have to look into taking some classes in AZ!

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Old 09-04-2013, 2:20 PM
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Change your billing address?
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Old 09-04-2013, 3:33 PM
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So is the OP paying in-state or out-of-state tuition?

Dependent versus Independent Students Residency Requirements

http://registrar.arizona.edu/residency/aborreq.htm

Was not claimed as an income tax deduction by his or her parents or any other individual for the two years immediately preceding the request for residency classification, and has demonstrated objective evidence of self-support for the two tax years immediately preceding the request for residency classification.

How would a student buy from an AZ FFL without at least a AZ ID Card?

How would the AZFFL comply with the GCA1968 without AZ ID?

I guess the next question, would the AZDMV issue a AZID to a Transient College Student?

Looks murky to me.

I see the ATF info, but for IRS, you are a resident of the State you file.








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Originally Posted by Librarian View Post
Feds are quite clear that students living in a state for college, are residents of that state for gun-buying purposes.

http://wiki.calgunsfoundation.org/Fe...y_requirements

ATF Rule 80-21
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Last edited by Californio; 09-04-2013 at 3:51 PM..
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  #8  
Old 09-04-2013, 4:34 PM
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Originally Posted by Californio View Post
So is the OP paying in-state or out-of-state tuition?

I see the ATF info, but for IRS, you are a resident of the State you file.
ATF doesn't care about in-state or out-of-state tuition. ATF is its own little corner of the law. I'll grant that's an odd situation.
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I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.


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  #9  
Old 09-04-2013, 4:50 PM
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Yes I know every government agency plays against the other. When my oldest went to college, she was a major but daddy paid the bill, federal law protected her grades and college account from mean old daddy but I demanded her password since I was the loan company.

I believe that a AZ FFL would want proof of age and residence which would require a AZ Governmental Issued ID. that matches the info on the Federal Form. I cannot seem to find on the AZDMV if they would issue an ID card if the requester holds a CADL instead of a AZDL. Then the OP wants to use a CC that has a billing address in CA.

ATF may allow it, but what is a practical way to do it?


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Originally Posted by Librarian View Post
ATF doesn't care about in-state or out-of-state tuition. ATF is its own little corner of the law. I'll grant that's an odd situation.
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Old 09-04-2013, 5:52 PM
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You can get an Id for AZ. You might check to see if your California DL should be changed though. In California you have a time frame (30 or 90 days I think) to get a California DL even if you are only going to be there for a while. I have an AZ ID and address. When I am residing there I can buy firearms there.
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Old 09-04-2013, 6:44 PM
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Quote:
Originally Posted by Californio View Post
I believe that a AZ FFL would want proof of age and residence which would require a AZ Governmental Issued ID. that matches the info on the Federal Form. I cannot seem to find on the AZDMV if they would issue an ID card if the requester holds a CADL instead of a AZDL. Then the OP wants to use a CC that has a billing address in CA.

ATF may allow it, but what is a practical way to do it?
Negative on the bold above. Proof of residence does not have to be a gvmt ID. All you need is a utility bill in your name with a local address to establish dual residency as far as the ATF is concerned. Your CA ID proves your identity, the utility bill proves your AZ residence.

Yes, I know this from experience. I have a second home in another state and have done this several times. My CA ID proves that I'm me, and the utility bill proves that I am a resident of that state, temporary as it may be.

OP, talk to some FFL's where you're at and find out what they will accept as proof of residency and make your purchase thru them instead of ordering it online.

Edit: CA requires a CA ID, but I am unaware of any free states that require the ID to be issued by that particular state.
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Old 09-05-2013, 10:34 AM
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You can just get a mailbox at a UPS store near your school (or whatever the local equivalent) and send your bills there. Not too expensive, about $100-150/year for the smallest size usually.
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Old 09-05-2013, 12:55 PM
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Change your billing address to your current address. That would take a shorter amount of time than writing this thread.
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Old 09-09-2013, 9:17 AM
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Originally Posted by donmopar View Post
I have an AZ ID and address. When I am residing there I can buy firearms there.
I believe I read somewhere that AZ will not issue an ID to a person who has any driver's license, from AZ or otherwise. I can't seem to find that reference right now. But, they do ask the question if you do have any other ID or license on their application form.

So, if you have a CA DL, and an AZ ID card (I'm not saying YOU do, only IF YOU DID), you would be breaking AZ law, if my info is correct.
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Old 09-09-2013, 11:06 AM
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Originally Posted by Renaissance Redneck View Post
I believe I read somewhere that AZ will not issue an ID to a person who has any driver's license, from AZ or otherwise. I can't seem to find that reference right now. But, they do ask the question if you do have any other ID or license on their application form.

So, if you have a CA DL, and an AZ ID card (I'm not saying YOU do, only IF YOU DID), you would be breaking AZ law, if my info is correct.
Negative, unless it changed in the last year. When you go to the AZ DMV, they have a list of states that allows you to have an AZ ID and keep the other states DL. CA is/was one of the states on the list that allowed you to keep the DL while getting an AZ ID card.
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Old 09-10-2013, 12:42 PM
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Negative, unless it changed in the last year. When you go to the AZ DMV, they have a list of states that allows you to have an AZ ID and keep the other states DL. CA is/was one of the states on the list that allowed you to keep the DL while getting an AZ ID card.
EDIT: I just read the following for the instructions for applying for the Arizona ID card. It's not on a state-owned web site, so I'm not sure of the validity: http://www.dmv.com/az/arizona/apply-id-card

"You must also surrender any valid driver license or instruction permit issued by the state of Arizona or any other jurisdiction."
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Old 09-10-2013, 3:34 PM
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Originally Posted by Californio View Post
Yes I know every government agency plays against the other. When my oldest went to college, she was a major but daddy paid the bill, federal law protected her grades and college account from mean old daddy but I demanded her password since I was the loan company.

I believe that a AZ FFL would want proof of age and residence which would require a AZ Governmental Issued ID. that matches the info on the Federal Form. I cannot seem to find on the AZDMV if they would issue an ID card if the requester holds a CADL instead of a AZDL. Then the OP wants to use a CC that has a billing address in CA.

ATF may allow it, but what is a practical way to do it?
I can assure.....Yes, they will.
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Old 09-10-2013, 7:21 PM
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Quote:
Originally Posted by Renaissance Redneck View Post
I believe I read somewhere that AZ will not issue an ID to a person who has any driver's license, from AZ or otherwise. I can't seem to find that reference right now. But, they do ask the question if you do have any other ID or license on their application form.

So, if you have a CA DL, and an AZ ID card (I'm not saying YOU do, only IF YOU DID), you would be breaking AZ law, if my info is correct.
Wrong wrong... You live in Arizona, and can go to the MVD and get a AZ ID card... I did it before I moved here, keeping my Ca drivers license.

It's no big deal and totally legal.

In fact the AZ MVD will issue you your ID card, and print it for you while you wait... It will take about an hour total time...

Just use your AZ address on your AZ ID card....
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