Traveling out of state. Can I bring back a lower?

[MingTheMerciless]

Actually when I say "I", in fact "I have a friend" who is doing this. Seriously I do. Am helping him build an AR and he has an out-of-state residence as well as a CA residence. He'll be traveling by vehicle to that residence in a few weeks and - due to his schedule - is having trouble making time to do an 80% build.

Can he just buy a stripped lower out of state, toss it in the car, bring it back and we do the build here in CA, using CA-legal parts (Raddlock etc.)?

[someR1]

The problem is that many lowers are banned by name. So obviously it cannot be on the list .

So your friend is coming all the way from a different state, to California, just to build an AR ? Sounds fishy .....

[BOOGIEMAN]

The problem is that many lowers are banned by name. So obviously it cannot be on the list .

So your friend is coming all the way from a different state, to California, just to build an AR ? Sounds fishy .....

I think if I am in this guy's situation I would do the same thing. I would want to legally stash firearms in my primary or secondary BOL.

[CSACANNONEER]

If he can legally buy it out of state, he can legally bring it back to CA as long as it is not an AW.

BTW, a stripped named lower is NOT an AW since, it is NOT "semi auto", "centerfire" nor a "rifle". However, it's not worth proving that in court. So, don't get a named lower.

[MingTheMerciless]

He's not coming here to build a lower. He has a residence here and a residence out of state, and he's visiting the out-of-state residence soon. While there its a lot easier to pick up a lower I would assume.

Thanks for the info guys. I'm going to tell him to pick up a lower but make sure it is not on the list we see on the flowcharts here at the forum.

[CSACANNONEER]

He's not coming here to build a lower. He has a residence here and a residence out of state, and he's visiting the out-of-state residence soon. While there its a lot easier to pick up a lower I would assume.

Thanks for the info guys. I'm going to tell him to pick up a lower but make sure it is not on the list we see on the flowcharts here at the forum.

If he is a legal resident of the other state, he can probably buy one there. If he does not have dual residency, he's SOL.

[jeffyhog]

I'm not positive, but I think the ID you have would be the basis for state residency. CA would indicate California residency and a dealer in another state wouldn't sell to you. If you have the other state's ID, then no problem.

[ky2970]

As long as it's an OLL, yes. And he will need to have a ID for the other state to purchase.

[JDay]

If he is a legal resident of the other state, he can probably buy one there. If he does not have dual residency, he's SOL.

ATF considers your state of residence to be the one you spend more than 50% of your time in IIRC.

Sent from my SGH-T999 using Tapatalk

[-hanko]

ATF considers your state of residence to be the one you spend more than 50% of your time in IIRC.

Sometimes helpful to search before posting, particularly if you're attempting to explain the law to someone...

Following from the BATFE website.

ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State.

The CFR citation above covers definitions relating to weapons laws...

You might try searching for it, and read what it says about "State of Residence".

OP's "friend" still needs valid id in the state he's purchasing the lower.

E.g., I reside part of the time in California, and part in Idaho. I have a California id card and and Idaho drivers license.

hth

-hanko

[xOperator]

If you are thinking of Las Vegas, they dont sell firearms to seasonal-resident card holders anymore, you have to have a NV driver's license.

At least thats what I was told once. Roughly 5 years ago, at the PX on Nellis AFB, I was told I only needed to bring proof of residency via few months worth of sewage bills, electricity bills, etc (or have a seasonal resident ID card)... Then last year, the same store told that NV no long sells to seasonal residents.