Suppressor in NV while resident of CA?

[Diabolus]

If I have another home in Nevada, am I legally allowed to purchase a suppressor in that state?

All laws would be followed and of course it would kept in Nevada.

Thoughts?

[colossians323]

you don't have to have a NV drivers license.
It is on a federal level and not a local level.
You do have to give your address of residence, that would probably be the deal breaker

Since you are supposed to follow your State residence laws, it would probably be illegal. You are not a resident of NV

However, if you became a resident of NV, bought your NFA items, and then became a resident of Cali that would be legal

I would reach out to audiophil

[MrFancyPants]

I'd definitely make sure your primary and legal residence is your Nevada address before doing that. You don't want to take chances and enter into any legal gray areas with BATFE.

Sent from my SM-N960U using Tapatalk

[DRM6000]

It's possible, though laws and regs may have changed since this was discussed.

http://www.calguns.net/calgunforum/showthread.php?t=140102&page=2

[Quiet]

You need to be resident of that State, in order to legally acquire firearms in that State, and simply owning property in that State does not make you a resident of that State.

[Calamity Sue]

That's funny, as I guess I should be going to jail soon. I have been a legal resident of FL for 8-9 years now and during that time have bought firearms, rifles only though, in Texas, Louisiana, Utah, Nevada, and Oregon. Handguns, I must buy in FL. And suppressors.

[Epaphroditus]

Quiet is not correct.

[Quiet]

That's funny, as I guess I should be going to jail soon. I have been a legal resident of FL for 8-9 years now and during that time have bought firearms, rifles only though, in Texas, Louisiana, Utah, Nevada, and Oregon. Handguns, I must buy in FL. And suppressors.

Federal laws grants an exemption for Title 1 Rifle and Title 1 Shotgun, when the transfer complies with the State laws of both the non-resident and the FFL dealer. [18 USC 922(b)(3)]

All other firearms (Title 1 Handgun, Title 1 Other, Title 2 AOW, Title 2 DD, Title 2 MG, Title 2 SBR, Title 2 SBS, and Title 2 Silencer) must be transferred through a FFL in the recipient's State of residence.

Sorry for not being technical and only providing a quick answer that is applicable to CA residents on a CA specific forum.

Because of the Federal laws, unless an exemption is utilized, all firearms acquired by a CA resident needs to be transferred to them through a CA FFL dealer.
And a CA resident that simply owns property in NV, is still considered a CA resident.

[pdsmith505]

You need to be resident of that State, in order to legally acquire firearms in that State, and simply owning property in that State does not make you a resident of that State.

I'm going to leave this here:

https://www.law.cornell.edu/cfr/text/27/478.11?fbclid=IwAR1c4rI2vGfY2QgX9YG5ZD-AtYFM2czSk0FYknZ29IeOUPRAlvO-fR1FF4g

State of residence. 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. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1.
A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.
Example 2.
A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.
Example 3.
A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.
Example 4.
A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.

[Quiet]

I'm going to leave this here:

https://www.law.cornell.edu/cfr/text...PRAlvO-fR1FF4g

OP meets Example 1, if the OP has a valid NV Seasonal Resident ID or does not have valid NV DL/ID.

OP meets Example 2, if the OP has a valid NV DL/ID.

Federal laws/regulations prohibits a person from having multiple State issued REAL ID compliant DL/ID.

In order to get a valid NV DL/ID, the OP will need to surrender their valid CA DL/ID.

Per NV DPS and BATFE, a valid NV Seasonal Resident ID is not proof of NV residency for legally acquiring firearms in NV.

[pdsmith505]

OP meets Example 1, if the OP has a valid NV Seasonal Resident ID or does not have valid NV DL/ID.

OP meets Example 2, if the OP has a valid NV DL/ID.

Federal laws/regulations prohibits a person from having multiple State issued REAL ID compliant DL/ID.

In order to get a valid NV DL/ID, the OP will need to surrender their valid CA DL/ID.

Per NV DPS and BATFE, a valid NV Seasonal Resident ID is not proof of NV residency for legally acquiring firearms in NV.

You are wrong. Read the instructions to FFL's on the 4473:

Question 18.b. Supplemental Documentation: Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements of the law. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of transferee/buyer may be supplemented by another valid, government-issued document showing the transferee's/buyer's residence address. This supplemental documentation should be recorded in question 18.b., with the issuing authority and type of identification presented. For example, if the transferee/buyer has two States of residence and is trying to buy a handgun in State X, he may provide a
driver's license (showing his name, date of birth, and photograph) issued by State Y and another government-issued document (such as a tax document) from State X showing his residence address. A valid electronic document from a government website may be used as supplemental documentation provided it contains the
transferee's/buyer's name and current residence address.

OP fits Example 2 of the federal residency definitions.

When purchasing a firearm, he would prove residency of NV with a government issued document for the property in his name (tax bill, etc). He would prove identity with his CA issued photo ID.

He couldnt bring the can back to CA with him, but that's a CA state law problem, not a Federal GCA/NFA problem.

[audiophil2]

You are wrong. Read the instructions to FFL's on the 4473:

do you mind showing where in the op he claims to have dual residency? I only see resdidence in ca and real estate holdings in nv.

[pdsmith505]

do you mind showing where in the op he claims to have dual residency? I only see resdidence in ca and real estate holdings in nv.

OP specifically states

If I have another home in Nevada,

Presumably, he lives there from time to time.

It's a different story if he say, rented it out, and did not maintain it for the purposes of establishing a home.

[Quiet]

OP specifically states...

Suppressor in NV while resident of CA?

If I have another home in Nevada, am I legally allowed to purchase a suppressor in that state?

All laws would be followed and of course it would kept in Nevada.

Thoughts?

Which means, unless he can prove residency in the other State, he meets...

Example 1.
A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

[pdsmith505]

So? He buys the can in NV when he's at his weekend cabin, while he is a resident of NV for the purposes of the GCA regardless of his CA ID.

Example 2.
A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

He returns to CA, leaving the can in NV, and is a resident of CA for the purposes of the GCA once again.

Thus, he would have a "Suppressor in NV while resident of CA"