Buying guns as a part time resident?

[John Browning]

What does it take to be considered enough of a resident of another state to buy guns there?

I'm stuck in a conundrum where I make enough money to be stuck here in California for another 3-4 years at a minimum. However, I'm thinking of taking that extra income to buy a place out of state for recreation and could use the tax benefit. If I owned a second home in Oregon, Idaho, Wyoming, etc., would it be possible for me to buy guns legally in that state? Spending 6-8 weeks a year at the residence is likely, but any more time than that probably isn't realistic without a great deal of effort.

Thanks for any help and insight.

[003]

The following is a cut and pastes from the ATF web site. https://www.atf.gov/file/55496/download

Click the link the read the full document.


“A person’s “State of residence” is defined by regulation in 27 CFR 478.11 as “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.” Ownership of a home or land within a given State is not sufficient, by itself, to establish a State of residence. However, ownership of a home or land within a particular State is not required to establish presence and intent to make a home in that State. Furthermore, temporary travel, such as short-term stays, vacations, or other transient acts in a State are not sufficient to establish a State of residence because the individual demonstrates no intention of making a home in that State.”

“To ensure compliance with this residency requirement, section 922(t) of the GCA requires licensees to examine a valid “identification document” (as defined in 18 U.S.C. 1028(d) and 27 CFR 478.11) of a firearm transferee. This document must contain the residence address of the transferee so that the licensee may verify the identity of the transferee and discern whether the transferee has the intention of making a home in a particular State. Licensees transferring a firearm to a person not licensed under the GCA are required, pursuant to 27 CFR 478.124, to record the firearm transaction on an ATF Form 4473, which requires, among other things, the transferee’s residence address, including the transferee’s State of residence as it appears on the valid identification document.”

“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. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an offcampus location, they are considered residents of the State where the on-campus or offcampus housing is located.”

[Cody805]

My buddy "lived in Idaho" but just had a house there he rented out, to get around the red tape he had his W4 sent to the Idaho house at tax time. Just a idea for you!

[Quiet]

Simply owning property in another State does not make you a resident of that State.

During the time period you live in that State with the intention of being a resident, you could be considered a resident of that State.
However, in order to acquire a firearm in that State, you will need that State's valid DL/ID.

Federal laws (REAL ID Act) prohibits a person from having more than one State DL.

In addition...
If you do acquire a firearm in the other State, you can not bring it to CA.
It must be shipped to a CA FFL dealer, who will then transfer (DROS/10 day wait) it to you.
If the firearm is a handgun, it will need to be on the Roster of Handguns Certified for Sale or be exempt from it. This is because there is no exemption in the DROS system that will allow a resident of CA in importing an off-Roster handgun.

[Librarian]

This is an FAQ, and an internet forum simply cannot answer it.

It involves the laws of two or more states. To decide whether you might be a resident of two or more states, you should consult a lawyer experienced in the area. How you would find such a person I do not know.