A thought on residency [ dual residency ]

[Mutenri]

What does it take to be considered the resident of another state and a dual-resident? As I gathered, a CA resident cannot go across the border to buy guns in AZ, but that changes if one is an AZ resident. Can one buy an arid piece of land in the middle of nowhere in AZ for the price of a gun or two and then skip the ten day wait? What are the rules for bringing guns in from AZ?

Just a random thought I had.

[Nismo]

Do you have friends or relatives in AZ?

[microwaveguy]

I think I would spend sometime on the phone or email to get clarification. I don't think just owning property will qualify.

http://www.azdot.gov/mvd/ContactMVD

[Quiet]

Under Federal laws/regulations...
Simply owning property in a state, does not make you a resident of that state.

You must reside there with the intent to make it your home, to be considered a resident.

Proof of intent to live there is shown via valid DL, voter registration, tax records and/or vehicle registration.


27 CFR 478.11
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.

ATF Ruling 2010-6

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.

[Quiet]

Under CA laws/regulations...

CA considers you a resident if you do any of the following:
1. Work in CA.
2. Own or rent property in CA.
3. Have a CA DL.
4. Register to vote in CA.
5. You go to higher education (college/university) in CA and pay resident tuition.
6. Your kids go to school in CA.

[Quiet]

Under AZ laws/regulations...

AZ considers you a resident if you do any of the following:
1. Work in AZ (non-seasonal employment)
2. You or your kids go to school (primary/secondary/higher) in AZ and pay resident tuition.
3. Own a business in AZ.
4. You live in AZ for 7 or more months out of the year.

[18Dmedic]

Just buy a business license in AZ.

[russ69]

Under Federal laws/regulations...
Simply owning property in a state, does not make you a resident of that state.

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.

This has been covered many times. The residency requirements vary by state and what you are requiring residency to do. There are different requirements for voting, paying taxes, school, etc. To answer your question, no buying a piece of uninhabitable land will not make you a resident.

[six seven tango]

What does it take to be considered the resident of another state and a dual-resident? As I gathered, a CA resident cannot go across the border to buy guns in AZ, but that changes if one is an AZ resident. Can one buy an arid piece of land in the middle of nowhere in AZ for the price of a gun or two and then skip the ten day wait? No. For the purpose of buying a firearm, Quiet's post covers it the best. You must be able to prove residency in AZ (or any other state for that matter). This means having a water bill, power bill, etc. Just having a copy of a land deed is not enough...where's the house?

What are the rules for bringing guns in from AZ? I believe (IANAL) that as long as it is not prohibited in CA, you can bring anything back. It still has to be registered though.

Just a random thought I had.

Answers in bold above. I've got dual residency, so I've had to deal with this. Also, not all FFL's are familiar or comfortable with doing these types of purchases. It may take some looking around for a knowledgeable FFL.

[Librarian]

This has been covered many times. The residency requirements vary by state and what you are requiring residency to do. There are different requirements for voting, paying taxes, school, etc. To answer your question, no buying a piece of uninhabitable land will not make you a resident.

This; an internet forum is not the place to get specific legal advice on something so personal and that involves 2 state governments and the Feds. Even to make a guess would require you to expose a lot of your personal information to hundreds of thousands of 'your closest friends'.