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  #1  
Old 05-09-2021, 10:58 AM
Jd2000 Jd2000 is offline
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Default Arizona resident living in California for college

So I go to a University in Los Angeles and I would like to have a home-defense weapon, as several robberies and murders have occurred in the last few months. I have learned that since I don't have a CA I.D. I cannot purchase a gun or ammo here. Am I allowed to bring a gun that I bought in Arizona and keep it in my apartment here? I can't find any discussion about my unique situation. I an AZ registered voter and my permanent address is in AZ so does that mean that I am just a CA visitor?
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Old 05-09-2021, 11:05 AM
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CA may consider you a resident since you are a student here AND you’re renting an apartment here.

You may still be considered a AZ resident in AZ but with gun laws, it’s rather complex.

Make sure the apartment doesn’t lie on UC property.
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Old 05-09-2021, 11:08 AM
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Quote:
Originally Posted by Jd2000 View Post
So I go to a University in Los Angeles and I would like to have a home-defense weapon, as several robberies and murders have occurred in the last few months. I have learned that since I don't have a CA I.D. I cannot purchase a gun or ammo here. Am I allowed to bring a gun that I bought in Arizona and keep it in my apartment here? I can't find any discussion about my unique situation. I an AZ registered voter and my permanent address is in AZ so does that mean that I am just a CA visitor?
So, Federally you are a resident of CA, for gun purposes; but without CA ID, an FFL cannot process you through DROS; and, without an entry in CA's AFS - Automated Firerarms System - you cannot easily buy ammo, if you find any.

Presuming your apartment is not owned by your college, YES you may bring a gun and ammo for it and keep it in your apartment.

Please consider more secure storage than 'under the bed' or 'back of the closet'.
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Old 05-09-2021, 11:20 AM
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California has a bunch of laws…

When do you need to register your car in the state?
Pay taxes in the state?
Resident in the state?

Does Arizona consider you a resident or if you vote in AZ are your committing a crime?
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Old 05-09-2021, 12:01 PM
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When I was going to college in LA decades ago, my friends from out of state established CA residency after 2 years of enrollment and were able to apply for in-state tuition.
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Old 05-09-2021, 2:33 PM
Jd2000 Jd2000 is offline
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Originally Posted by hermosabeach View Post
California has a bunch of laws…

When do you need to register your car in the state?
Pay taxes in the state?
Resident in the state?

Does Arizona consider you a resident or if you vote in AZ are your committing a crime?
According to the state, I am not a resident if I have no intention of staying here permanently. Also, I am currently a dependent of my parents who live in Arizona. So I shouldn’t need to do any of the things you mentioned above.
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Old 05-09-2021, 2:38 PM
Jd2000 Jd2000 is offline
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Originally Posted by Librarian View Post
So, Federally you are a resident of CA, for gun purposes; but without CA ID, an FFL cannot process you through DROS; and, without an entry in CA's AFS - Automated Firerarms System - you cannot easily buy ammo, if you find any.

Presuming your apartment is not owned by your college, YES you may bring a gun and ammo for it and keep it in your apartment.

Please consider more secure storage than 'under the bed' or 'back of the closet'.
It sure is interesting how the state can decide if I’m a resident on a case by case basis depending on what is more convenient to them. Thanks for the information. It’s an off campus apartment and there’s nothing on the lease prohibiting it so I was just double checking that I can do this legally. Also, I was definitely planning on getting a safe for it, but thanks for the precaution.
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Old 05-12-2021, 12:16 PM
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Originally Posted by Jd2000 View Post
It sure is interesting how the state can decide if I’m a resident on a case by case basis depending on what is more convenient to them. Thanks for the information. It’s an off campus apartment and there’s nothing on the lease prohibiting it so I was just double checking that I can do this legally. Also, I was definitely planning on getting a safe for it, but thanks for the precaution.
The state will not decide if you are its resident. That will be determined by a court if the question is brought before it, which could happen if you are charged with violation of the resident importation law. PC 27585. So you can risk such a charge. Whether one is brought may be unlikely, depending on what may unfold during your stay in California. Get involved in a felony or other crime the chance of being charged goes up. Why take the risk and not just buy a California gun? If you can find anything.

If I was paying non-resident tuition, was registered t vote in your state, and had no other connection to CA than attending school here, I would take the risk, but your mileage may vary.

There is another possible consideration, which is whether you are a Personal Firearm Importer who has just moved into the state.
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Old 05-12-2021, 2:26 PM
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Originally Posted by Jd2000 View Post
According to the state, I am not a resident if I have no intention of staying here permanently. Also, I am currently a dependent of my parents who live in Arizona. So I shouldn’t need to do any of the things you mentioned above.
https://www.dmv.ca.gov/portal/driver...to-california/
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Old 05-12-2021, 5:24 PM
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Originally Posted by Jd2000 View Post
According to the state, I am not a resident if I have no intention of staying here permanently. Also, I am currently a dependent of my parents who live in Arizona. So I shouldn’t need to do any of the things you mentioned above.
Close but this isn't horseshoes. If you read the tons of posts on calguns and elsewhere, you will see that the operative question is not if you are a resident of CA for all purposes, but for purposes of Firearms Laws. For those purposes, Penal Code 17000 instructs us that residency is determined by Vehicle Code 12505 - at least for determining for purposes of that part of the Penal Code if one is a Personal Handgun Importer. Reading 12505 it isn't so much one's intention to become a resident that matters, but if they have "manifested" such.

Some would opine that if the gun in question belonged to your father, a resident of AZ, he could gift it to you if the transfer was though a California FFL and the roster would not apply. A problem lies here if you were first to transfer it to your Father for the purpose of circumventing California's requirements for an exception to the roster.
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This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
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Old 05-12-2021, 6:21 PM
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Key to the discussion of “residency” is whether the student is paying out-of-state tuition. If they are, the state has deemed them a non-resident and is charging them for their status.

Until we know this critical information, all the discussion about personal firearms importer and residency status is worthless, because the OP has stated that he is a dependent of his parents. As such, he doesn’t appear to meet “residency” status for firearms under CA PEN 17000,
Quote:
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code.
Quote:
CA VEHICLE CODE 12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. “State of domicile” means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.
Prima facie evidence of residency for driver’s licensing purposes includes, but is not limited to, the following:
(A) Address where registered to vote.
(B) Payment of resident tuition at a public institution of higher education.
He has stated he is a dependent of his parents in Arizona, therefore, his, “...true, fixed and permanent home and principal residence,” must be with his parents. It is where he has, “...manifested the intention of returning,” ...he is a dependent.
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Old 05-13-2021, 10:00 AM
Chewy65 Chewy65 is online now
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Originally Posted by Dvrjon View Post
Key to the discussion of “residency” is whether the student is paying out-of-state tuition. If they are, the state has deemed them a non-resident and is charging them for their status.

Until we know this critical information, all the discussion about personal firearms importer and residency status is worthless, because the OP has stated that he is a dependent of his parents. As such, he doesn’t appear to meet “residency” status for firearms under CA PEN 17000,


He has stated he is a dependent of his parents in Arizona, therefore, his, “...true, fixed and permanent home and principal residence,” must be with his parents. It is where he has, “...manifested the intention of returning,” ...he is a dependent.
I fail to see why a dependent must be a resident of the same state as their parents, but you correctly pointed out that payment of in state tuition raises a presumption of CA residency for purposes of determining whether a person has moved to CA as a resident and is to be deemed a personal handgun importer. Probably for application of other parts of Part 5 of the Penal Code, but that is an assumption.

I believe you are looking at rules for claiming a child as a dependent for filing a tax return and in that situation a child's absence from the home for educational purposes is an exception. Here we are not concerned with federal tax law, but California firearms laws. Also, even if the parents erred in claiming the OP as a dependent on their return, and I am not saying they did err, such a mistake would not necessarily bear on the OP's residency in CA.
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Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.

Last edited by Chewy65; 05-13-2021 at 10:18 AM..
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Old 05-13-2021, 9:11 PM
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Originally Posted by castgold View Post
When I was going to college in LA decades ago, my friends from out of state established CA residency after 2 years of enrollment and were able to apply for in-state tuition.
Not all states/colleges allow this e.g. Oregon. It is out of state tuition period.

Last edited by squeeze; 05-15-2021 at 12:09 AM..
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Old 05-14-2021, 9:51 AM
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Originally Posted by squeeze View Post
Not all sites/colleges allow this e.g. Oregon. It is out of state tuition period.
My son is now in his eighth year as a grad student at the University of Kansas and is still charged non-resident tuition after 5 years in a doctoral program and another 3 in medical school. Fortunately, his tuition is covered by various grants and scholarships. The rule there and in many states is that you are treated as non-resident for the entire time you are there as long as you were a non-resident at the time you originally enrolled.
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This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
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