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May I buy an off-roster pistol from a college student with dual residency?

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  • Excelsior
    Veteran Member
    • Mar 2011
    • 4215

    May I buy an off-roster pistol from a college student with dual residency?

    My neighbor's son goes to school in AZ and has offered me a good buy on an off-roster pistol he purchased in AZ. As a college student who splits his time between AZ and CA he meets the legal demands of dual residency.

    If he brings the pistol into CA does he have to pay the $19.00 fee with the state before we do a PTP transfer? Also, will there be a waiting period for the transfer? Thanks.
    [CENTER]CALIFORNIA: Love it, leave it /CENTER]

    The right to keep and bear arms comes not from the generosity of the state but from the hand of God.
  • #2
    Dead*Reckoned
    Veteran Member
    • May 2010
    • 2643

    Originally posted by Excelsior
    If he brings the pistol into CA does he have to pay the $19.00 fee with the state before we do a PTP transfer? Also, will there be a waiting period for the transfer?
    While maybe not yes per the law it was my experience in your exact scenario that the gun stores required me to get it registered before selling, and Yes.


    This covers the federal side of things at least, if you wanted to make sure it was legal.

    27 CFR 178.11: MEANING OF
    TERMS
    An out-of-State college student
    may establish residence in a State
    by residing and maintaining a
    home in a college dormitory or in a
    location off-campus during the
    school term.
    ATF Rul. 80-21
    "State of residence" is defined by
    regulation in 27 CFR 178.11 as the
    State in which an individual regularly
    resides or maintains a home. The
    regulation also provides an example
    of an individual who maintains a
    home in State X and a home in State Y.
    The individual regularly resides in
    State X except for the summer
    months and in State Y for the summer
    months of the year. The regulation
    states that during the time the individual
    actually resides in State X he is a
    resident of State X, and during the
    time he actually resides in State Y he
    is a resident of State Y.
    Applying the above example to outof-
    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 outof-
    State college students actually
    reside in their home State they are
    considered residents of their home
    State.
    [ATFB 1980-4 25]
    Last edited by Dead*Reckoned; 08-18-2012, 10:52 PM.

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    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44624

      Silly gun store.

      No reason to register if the plan is to PPT to somebody else; it's PC 27560 -
      (a) Within 60 days of bringing a handgun, and commencing
      January 1, 2014, any firearm, into this state, a personal firearm
      importer shall do one of the following:
      (1) Forward by prepaid mail or deliver in person to the Department
      of Justice, a report prescribed by the department including
      information concerning that individual and a description of the
      firearm in question.
      (2) Sell or transfer the firearm in accordance with the provisions
      of Section 27545 or in accordance with the provisions of an
      exemption from Section 27545.
      (3) Sell or transfer the firearm to a dealer licensed pursuant to
      Article 1 (commencing with Section 26700) and Article 2 (commencing
      with Section 26800) of Chapter 2.
      (4) Sell or transfer the firearm to a sheriff or police
      department.
      Usually folks moving here take the (a)(1) path but (a)(2) is also a way to satisfy CA.

      Remember that works only for people who move here, not just visit.
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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