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2nd Amend. Politics and Laws Discuss gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 09-05-2006, 03:07 PM
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Question Part Time Resident?

I can't seem to find a clear answer so I wanted to see if one of you knows off hand. Here is my situation...
I've lived in California since 1994 and I still work here. Because of all the drama around Gun Rights and my job activity sending me to Texas more and more, I bought a house there (05/06).
Right now I'm about 50/50 travelling between the 2 states. Will it complicate things if I buy "Non-Neutered" stuff in TX? I have no plans to ever bring it into California, but I read briefly about how the states have an agreement not to sell stuff that is not Ok in a persons resident state.
In case it matters... I live in an apartment when I'm in CA and I kept my CA DL.
Any insight would be appreciated! Lord knows I don't want to get the run around and misinformation we get when we try to get an answer from a Government Agency. BTW... How do I declare a State as my resident state; if there is such a thing?
So the bottom line is:
1. I want to buy the Cool stuff for my Texas House when I am there.
2. I still want to buy OLL's and stuff so I don't get lonely when I'm in California, and so I can do my part in fighting the good fight here.
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Old 09-05-2006, 03:26 PM
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if TX is anything like NV, i could not change my residencey/ ID without giving up my old CA licence. So I would buy an OLL here and keep it registered here, then I would give up my CA ID and get a Texas one, then u can buy a bunch of the TX goodies while keeping them in that state. Im not sure, but by doing this u could transport your OLL if u wanted to, or u could put the OLL in a CA family members name. not sure about all of this however.
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Old 09-05-2006, 03:30 PM
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Yeah... I thought about that approach. If I remember the verbage, it said something along the lines of "Neighboring States". Since TX is a few removed, I always wondered if that mattered?
I'm going to Google a bit more and post if I find anything. Maybe there are other folks in my same situation.
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Old 09-05-2006, 03:56 PM
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Here's what I found on the ATF site: http://www.atf.treas.gov/pub/fire-ex...fr_part478.pdf

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.

So, I guess that gives me 1/2 of my answer
Now I just have to hear some real world experiences. I just don't want to feel like a dummy walking into a TX shop wanting to buy a DSA SA58 and have the shop owner say that I can only buy a Cali-Neutered Version
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Old 09-05-2006, 04:00 PM
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NSR500,

If I were you, I will do the following:
1. Change your DL to Texas.
2. Register to vote in Texas.
3. Of course your Texas residence bill mailed to Texas
4. Your IRS Tax return should be in Texas.
5. Car registration in Texas.

After the above your primary home is now Texas. Second home is in Kalifornia, you lucky rat!
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Old 09-05-2006, 04:13 PM
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I would also make Texas your main residence. (DL, car reg. vote, etc.). Buy whatever you want, and don't bring anything you know to be illegal into CA. This would prevent you from buying here, but is CA offering something Texas isn't?

The other option is get you TX I.D. card and see what the legal requirements are to buy guns in that State. As listed above, the ATF says you can buy guns in that State.
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Old 09-05-2006, 04:28 PM
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I'll probably do most of what you guys have suggested. I think the only thing that'll be a problem is the Car registration. I have a Truck in TX so when I fly in I am all set. If I register my CA car in TX I'm afraid the CHP might hassle me with the 90 day out of state BS since I leave that car here in CA.
As far as wanting to still buy stuff here... I still want to be able to exercise the right to purchase in CA just so I stay part of the movement here.
It also cuts down on the hassle of living between 2 states. I don't want to have to Check legality, neuter my stuff, send it over to CA, and then send it back to TX when season is over.
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Old 09-05-2006, 05:23 PM
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Consider getting a permit to carry concealed in TX, as that can serve as an ID when buy firearms in TX. When I bought stuff in TX, they usually asked if I had a CHL/CCW permit.
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Old 09-05-2006, 05:35 PM
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Quote:
Originally Posted by mailman
So I would buy an OLL here and keep it registered here, then I would give up my CA ID and get a Texas one, then u can buy a bunch of the TX goodies while keeping them in that state.
REGISTER an off-list rifle? CA doesn't have registration for rifles... If it's an off-list, it's not an "AW" so it doesn't need registration.
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Old 09-05-2006, 09:06 PM
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If TX will allow you to get a TX driver's license, then do so and make TX your home state. People, rich people, keep houses in more than one state and they are considered a resident of the state during the part of the year they live there. You can keep you CA driver's license and be a part time resident, this will allow you to buy guns in CA and keep them in CA. If I were in your situation, I would just give up my CA driver's license and make TX my home state. Your truck registration can be changed to TX and you can still drive it in CA with no problems, as long as you insure it for liability. You can insure it based on your TX address.
I was once looking into getting a NV residence as a part time resident and found out there's a lot of benefits in giving up my CA residency. For taxes, as a non citizen of CA, you will only pay CA income taxes on income you make in CA but no CA income taxes on your income made in TX. If you keep your CA residency, you pay CA income taxes on all of your income made in all states.
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