Unconfigured Ad Widget

Collapse

How does split residency work?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • #16
    -hanko
    CGN/CGSSA Contributor
    CGN Contributor
    • Jul 2002
    • 14174

    Originally posted by Sharp Shooter
    This question has been asked before. The short answer is it's extremely difficult if not impossible. A quick google search produced this result:

    Yes, you can be a resident of two states at once, but it’s unlikely and best avoided. Learn more and file state or federal tax return with RapidTax.


    As an accountant I'm sure you understand the negative tax implications.

    Also each state has their own requirements for establishing residency. Here is Arizona's:



    Read the last paragraph. It says that if you are a resident of any other state you cannot be a resident of Arizona.

    There is much more info if you Google it.
    OP, I thought, had zero to do with where you pay taxes...that part of "residency" is covered by by state tax laws.

    Since the original question was about buying weapons in more than 1 state, the BATFE quote as to the "intention of making a home in that State" has been covered in this thread, as it has about once a week when the question is asked.

    I still maintain residences in Idaho and California...I have an Idaho DL and a California ID showing addresses in each state. Were I to buy a gun in Idaho and take it to California, I would run it through a California licensee. Duh.
    True wealth is time. Time to enjoy life.

    Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!!

    Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain

    A man's soul can be judged by the way he treats his dog. Charles Doran

    Comment

    • #17
      laurelpark
      Senior Member
      • Aug 2011
      • 1013

      Originally posted by CAL.BAR
      Yeah, I can't see where this is a problem. If you own a home/reside in say OR and have an OR driver's lic. and also happen to own property in CA and spend time in CA, you go into an OR gun store. Show your OR license. Do the dros forms put down your OR residence, do the instant background check and leave.

      Do you assume that there is some magic monkey in a back room somewhere cross referencing your tax payments to figure out where you spend the most time? Where you pay the most tax?
      Very true - with the caveat that you surrender your CA driver's license and Oregon DMV notifies CA DMV of the license being surrendered (at least that's what I was told by DMV). That may not be a big deal, but if a situation arises where you need to be in CA for a long time, getting the DMV to issue you a new license is a pain.

      Comment

      • #18
        L84CABO
        Calguns Addict
        • Mar 2009
        • 8681

        Originally posted by -hanko
        I still maintain residences in Idaho and California...I have an Idaho DL and a California ID showing addresses in each state. Were I to buy a gun in Idaho and take it to California, I would run it through a California licensee. Duh.
        That's if you were intending on moving the Idaho gun to California permanently, right? You could certainly bring the Idaho gun into California while you were here and then take it back to Idaho, when you went, right? And assuming it's not a suppressed evil assault weapon with a 30 round mag.
        "Kestryll I wanna lick your doughnut."

        Fighter Pilot

        Comment

        • #19
          uechikid
          Senior Member
          • Dec 2012
          • 1409

          It seems to me that if you own homes in both Oregon and California, and have establish residency in Oregon you would have to buy your guns in Oregon. Thats better than buying them here anyway. That doesn't mean you can't bring your guns to Cali when you come here. As long as they aren't prohibited.
          "Carpe Diem"

          Comment

          • #20
            wireless
            Veteran Member
            • May 2010
            • 4346

            Originally posted by laurelpark
            Very true - with the caveat that you surrender your CA driver's license and Oregon DMV notifies CA DMV of the license being surrendered (at least that's what I was told by DMV). That may not be a big deal, but if a situation arises where you need to be in CA for a long time, getting the DMV to issue you a new license is a pain.
            You can get a state ID card if you meet that state's residency requirements. That is enough to buy a firearm in the 2nd state while still maintaining a drivers license in 1st state. The problem is each state has its own requirements for residency. I posted the link to Oregon's above. It's doable, but it does require spending 6 months in Oregon and then going from there.

            Comment

            • #21
              -hanko
              CGN/CGSSA Contributor
              CGN Contributor
              • Jul 2002
              • 14174

              Originally posted by laurelpark
              Very true - with the caveat that you surrender your CA driver's license and Oregon DMV notifies CA DMV of the license being surrendered (at least that's what I was told by DMV). That may not be a big deal, but if a situation arises where you need to be in CA for a long time, getting the DMV to issue you a new license is a pain.
              Again, looking at gun-related (i.e. federal "residency" requirements) the order in which I did the ID card / DL stuff was to first replace my CA DL with one from Idaho. The next time I resided at the place in CA, I went down to CA DMV (what a POS nightmare that was) and got a CA ID.

              OT, as a little salute to the Golden State, I preferred to lower the DMV workload and thus kept my Idaho plates.


              Originally posted by L84CABO
              That's if you were intending on moving the Idaho gun to California permanently, right? You could certainly bring the Idaho gun into California while you were here and then take it back to Idaho, when you went, right? And assuming it's not a suppressed evil assault weapon with a 30 round mag.
              That is correct. If I wished to leave the gun in CA, I'd go along with registering it, waiting 10 days to make sure I was qualified, and leave it at that. OT, my process for buying a weapon here is to usually meet somebody in a busy parking lot in a public area. I want to at least glance at an Idaho CWP or if it's a C&R I need to get a name and address. That's it. If I'm buying at an LGS, I simply trade an AMEX card for a Form 4473 and my CWP. Fill out the 4473 and that's it...no NICS, no DROS, no car reg and utility bill. Simple.

              I could still buy the gun in CA and take it with zero issues to Idaho, but that's the way Idaho works.


              Originally posted by uechikid
              It seems to me that if you own homes in both Oregon and California, and have establish residency in Oregon you would have to buy your guns in Oregon. Thats better than buying them here anyway. That doesn't mean you can't bring your guns to Cali when you come here. As long as they aren't prohibited.
              Establishing residency, and again, we're talking guns only, NOT taxes, happens when you get to one residence. Therefore, assuming you have DL in 1 state and ID card in the other, while you reside in OR you buy your weapons there, and when in CA, you buy in CA.
              Last edited by -hanko; 03-29-2016, 7:39 PM.
              True wealth is time. Time to enjoy life.

              Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!!

              Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain

              A man's soul can be judged by the way he treats his dog. Charles Doran

              Comment

              • #22
                wireless
                Veteran Member
                • May 2010
                • 4346

                Originally posted by -hanko

                Establishing residency, and again, we're talking guns only, NOT taxes, happens when you get to one residence. Therefore, assuming you have DL in 1 state and ID card in the other, while you reside in OR you buy your weapons there, and when in CA, you buy in CA.
                Correct, but the trick is meeting both states residency requirements. Simply owning a residence in Oregon is not enough to establish residency.

                Comment

                • #23
                  -hanko
                  CGN/CGSSA Contributor
                  CGN Contributor
                  • Jul 2002
                  • 14174

                  Originally posted by wireless
                  Correct, but the trick is meeting both states residency requirements. Simply owning a residence in Oregon is not enough to establish residency.
                  So the logical thing would be to wait 6 months if you're in OR...not a problem as you're there to live, not to backdoor weapons to bring back to CA.
                  True wealth is time. Time to enjoy life.

                  Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!!

                  Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain

                  A man's soul can be judged by the way he treats his dog. Charles Doran

                  Comment

                  • #24
                    jeremiah12
                    Senior Member
                    • Mar 2013
                    • 2065

                    Originally posted by wireless
                    So technically you can have a "home" in both states, neither of them being short term, but that isn't enough to be able to buy a firearm in both states due to Brady background check conundrum. In Oregon owning property and paying taxes is not enough to be a resident. I own property in Klamath County and pay taxes on it, so I have some experience trying to figure this all out.
                    If you read the information carefully, you qualify to get an Oregon DL or ID card if you are domiciled in Oregon but temporarily out of state if you provide proof that you have continuously maintained a residence in Oregon while you have been out of state.

                    Now if you look higher up, to show proof of residency or eligibility to be domiciled in Oregon, if you are living in state, you can show RV park or campground receipt of fees paid for 6 continuous months and show an active bank account for at least 60 days prior to also qualify for an OR ID or DL.

                    I mention this because for years my mother and her husband traveled the country by RV. Many of the retired people that do this love to get their OR DL. There are RV developments where people just purchase a pad to park their RV or trailer and call it home. My mom bought one around Sisters for $500 at that time. Then she bought a cheap trailer and parked it there. That was her official OR residence while she was out of state and allowed her to register her truck in OR for $40 every 2 years.

                    To get her original residency, she joined a nationwide campground club and spent the first 6 months on the OR coast in campgrounds they owned there. Then she was able to get her OR license and registration as well as insurance there. Since she never worked in the state or earned income in the state, she never had to pay state taxes. The trailer on the pad she had purchased near Sisters kept her eligible for Oregon residency for the the 10 years she spent on the road. She never returned to that trailer, I or my siblings would use it for vacation.

                    Establishing residency to meet the requirements of the ATF to legally purchase guns is much not the same as establishing residency for tax purposes.

                    I work with many teachers that spend the summers at vacation homes in other states and they have state IDs from those states and a few even have cars they leave at those residences and are registered in those states so they do not have to deal with CA smog rules or high insurance rates. They leave the car parked at their out of state residence for when they are there. The local ID makes life easier when they are there.
                    Anyone can look around and see the damage to the state and country inflicted by bad politicians.

                    A vote is clearly much more dangerous than a gun.

                    Why advocate restrictions on one right (voting) without comparable restrictions on another (self defense) (or, why not say 'Be a U.S. citizen' as the requirement for CCW)?

                    --Librarian

                    Comment

                    • #25
                      Ford8N
                      Banned
                      • Sep 2002
                      • 6129

                      Just get an out of state DL. Simple. You can't buy any cool guns in California anymore with a California ID of DL anyway.

                      Comment

                      Working...
                      UA-8071174-1