Need Advice: Dual Residency Free State

[Rustlin’ Jack]

Excerpt from the Federal Firearms Regulation Reference Guide (ATF publication 5300.4] Page 39

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.

ATF explains that you may purchase firearms in either state, but you must be residing there at the time. Whether the local FFL feels comfortable taking your California DL as identification in Utah is up to them.

[RickD427]

Speaking from experience (I work at the agency in CA that handles this), there is no such thing as dual residency. Whichever state you spend 51% of your time in, and obtain a Drivers License or ID Card in, THAT is your state of residency.

You cannot hold a driver license/ID card in two states. Obtaining one will invalidate the other. You can only be a resident in one state at a time.

This is quite untrue. It's important to remember that the term "Residency" is defined differently for different purposes.

While it is true that the Interstate Compact on Driver's Licensing requires states to only permit the issuance of a single Driver's License, the possession of a Driver's License is irrelevant to the federal law definition of residency for firearms purposes.

Please refer to 27 CFR 478.11 which provides the federal definition and show me anywhere in that regulation where there is any mention of a Driver's License as being determinative of residency.

[Wheellock]

Excerpt from the Federal Firearms Regulation Reference Guide (ATF publication 5300.4] Page 39

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.

ATF explains that you may purchase firearms in either state, but you must be residing there at the time. Whether the local FFL feels comfortable taking your California DL as identification in Utah is up to them.

This is what came to mind for me as well. I read that ATF book cover to cover many times as a kid.

You can probably use a passport, and get a CCW at that address (no background check fees as well in UT with a CCW).

[Rustlin’ Jack]

Excerpt from ATF E-Form 4473 (5300.9) page 5

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.

[Uncivil Engineer]

The 6 months +1 day is Internet rumor.

https://www.palmspringstaxandtrustlawyers.com/frequently-asked-questions-california-residency-rules/

It's possible to be out of california for 18 months and still qualify as a resident.

[beanz2]

The 6 months +1 day is Internet rumor.

https://www.palmspringstaxandtrustlawyers.com/frequently-asked-questions-california-residency-rules/

It's possible to be out of california for 18 months and still qualify as a resident.

[Wheellock]

The 6 months +1 day is Internet rumor.

https://www.palmspringstaxandtrustlawyers.com/frequently-asked-questions-california-residency-rules/

It's possible to be out of california for 18 months and still qualify as a resident.

I was overseas for 9 years and was still a resident of the state I left, and had to pay state tax I didn't intend to return either.

[Wheellock]

Excerpt from ATF E-Form 4473 (5300.9) page 5

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.

Use a passport. Most shop employees may not be familiar with this little nuance. If you buy a house, you will have utility bills and such anyway to prove residence.

[ScottsBad]

In addition to guns and ammo you want to think about taxes. California taxes all your income if you are still a resident. In addition not being a resident is more complicated than the number of days you stay out of the state.

I think it will be harder to get a tax break. And if CA finds out you are not a non-resident...Oh that could be very painful. The IRS won't like it and the CA taxing authority will come down on you like two tons of bricks.

It would be a mess, and could be considered Tax fraud. So keep that in mind.

[ar15barrels]

What if I spend 4 months a year in one state, then 4 months in a second state and finally 4 months in a 3rd state?
Then I don't qualify to be a resident in ANY of them...
No income tax for me!