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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 03-17-2010, 10:34 PM
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Default Out-of-state purchases

This has probably been answered before but I can't find the answer.

If a CA resident owned a vacation home out-of-state, would he be able to purchase firearms in the state where his vacation home is located and store them in the vacation home? Or would he have to be an "official resident" of that state? Odds are one could show a lease agreement or mortgage, as well as power bills and the like to show some sort of residency, but again, this is a vacation home, so the driver's license would still be a CDL.

The purchase would include AR15s and hi-cap mags, which he would be unable to purchase in California.
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Old 03-17-2010, 10:57 PM
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You must be a resident of the state to purchase firearms there. You could take a CA legal Ar to another state (AZ for example) & remove the magazine lock, buy all the 30 rd mags you can afford, etc. Just remember to "fix it" before bringing it back to CA.
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Old 03-17-2010, 11:04 PM
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And make sure the mags are for rebuilding purposes only an not assembled when crossing back too.
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Old 03-17-2010, 11:09 PM
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You would have to qualify as a resident in that vacation home state, and you would need a valid state ID for that state.

If the above are true, then yes, you could legally purchase firearms in that state while on vacation. If they were legal in CA, you could even bring them back here with you. This would also be a legal way around the safe handgun roster for you.
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Old 03-18-2010, 7:22 AM
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This issue is always 'does the state where you are consider you a resident of that state', whatever that means for that state.

Easy attributes are that you have a driver license for that state, your vehicle is registered and has plates from that state, and if that state has income tax, you pay income tax to that state.

See also http://wiki.calgunsfoundation.org/in...y_requirements
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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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Old 03-18-2010, 8:57 AM
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Quote:
Originally Posted by socalblue View Post
You must be a resident of the state to purchase firearms there. You could take a CA legal Ar to another state (AZ for example) & remove the magazine lock, buy all the 30 rd mags you can afford, etc. Just remember to "fix it ruin it" before bringing it back to CA.
"Fixed" it for ya.
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Old 03-18-2010, 12:25 PM
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Quote:
Originally Posted by socalblue View Post
You must be a resident of the state to purchase firearms there. You could take a CA legal Ar to another state (AZ for example) & remove the magazine lock, buy all the 30 rd mags you can afford, etc. Just remember to "fix it" before bringing it back to CA.

Not correct. Utah is one place this does not apply, at least for rifles/shotguns, I have not looked into the other States.

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Purchasing a Gun in Utah
It is unlawful for a gun dealer to sell or transfer any firearm until an instant criminal history background check is conducted and approved by BCI.

A valid Utah concealed firearm permit may be used to waive the BCI background check and the corresponding fees. However, the dealer is still required to call BCI to confirm the validity of the concealed firearm permit.

A person who wishes to purchase a handgun must show proof of Utah residency.

A person who wishes to purchase a rifle or shotgun is not required to show Utah residency; however, the purchaser will be required to comply with the laws of the state in which he/she resides.

Laws governing the use of concealed firearms differ from state to state. It is important to understand the laws to ensure that your actions are in compliance with Utah law.

Sources: 53-5-704 Division duties - Utah Code §§ 23-20-11 et seq., 24-2-17, 76-10-301, 76-10-501 et seq.
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Old 03-18-2010, 6:00 PM
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Quote:
Originally Posted by DougJ View Post
Not correct. Utah is one place this does not apply, at least for rifles/shotguns, I have not looked into the other States.
For long guns, the Federal rule is what you quote for/from Utah. However, 'to comply with the laws of the state in which he/she resides' screws it up for Californians, since CA requires using a CA-licensed FFL and DROS for almost all transfers.
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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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Old 03-18-2010, 8:05 PM
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so then would you have to transfer it to yourself?
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Old 03-18-2010, 9:51 PM
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Quote:
Originally Posted by hammerhands32 View Post
so then would you have to transfer it to yourself?
No, you would have to use the services of a CA FFL in order to receive the gun.
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Old 03-19-2010, 8:46 AM
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I belive the FFL can sell to a out of state buyer, if the FFL follows the out of state buyers state laws. So if you try to buy in Utah, there must be a California DROS. Because non California dealers are not set up for this BS.............no sale.
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