Transfer of Off-Roaster from out of state relative

[Chewy65]

If I got this right, my son can buy an off roster gun in Kansas to where he recently moved, to attend a 7 year graduate program. Whether Cali may consider students who go out of state for school to be Cali residents, to qualify for the program he is required to be a resident of Kansas, even though he was recruited while a resident of California. He has even taken out auto insurance and registered his car in Kansas so we are not concerned that anyone is going to claim that he illegally bought a gun in one state while the resident of another. Or should he be worried?

If he later decides he doesn't want it, he bring it with him when he comes for a visit and we can do a PPT, since he still has a Cal DL. Sound about right?

[Tincon]

Again, there is no CA law that says you have to be a CA resident to sell in a PPT. Your question also involves other issues. If your son is buying a gun with the intent to sell it you in another state, to get around the roster laws of that state, that's a bad idea. I understand the pretext of "he changed his mind" but there could well be a problem there. There have been prosecutions in similar cases.

[Librarian]

If I got this right, my son can buy an off roster gun in Kansas to where he recently moved, to attend a 7 year graduate program. Whether Cali may consider students who go out of state for school to be Cali residents, to qualify for the program he is required to be a resident of Kansas, even though he was recruited while a resident of California. He has even taken out auto insurance and registered his car in Kansas so we are not concerned that anyone is going to claim that he illegally bought a gun in one state while the resident of another. Or should he be worried?

If he later decides he doesn't want it, he bring it with him when he comes for a visit and we can do a PPT, since he still has a Cal DL. Sound about right?

Almost, but no.

Since he needed to become a KS resident for his program, his CA DL no longer matters (KS probably wants him to have a KS license anyway). PPT is CA resident to CA resident, as enforced by the DROS software.

BUT he can do an interstate intrafamilial transfer - the practical difference is the fees the FFL can charge. You'll just have to find a CA FFL who understands.

[Tincon]

Almost, but no.

Since he needed to become a KS resident for his program, his CA DL no longer matters (KS probably wants him to have a KS license anyway). PPT is CA resident to CA resident, as enforced by the DROS software.

"As enforced by the DROS software" implies there is some law or regulation to enforce, cite?

Also, if he has a CA DL, why can't he sell via PPT, regardless of his residency?

[Ninety]

My understanding is that he can, federally legal. And I know of no law in ca he would be breaking.

Sent from an electronic tracking device

[Librarian]

"As enforced by the DROS software" implies there is some law or regulation to enforce, cite?

Also, if he has a CA DL, why can't he sell via PPT, regardless of his residency?

We - you and I particularly - have been through this - the software is what it is; I don't find any PC authority for it.

As to the CA DL, as he is now a resident of KS, the DL should be invalid.

[Tincon]

As to the CA DL, as he is now a resident of KS, the DL should be invalid.

Unless it's expired and/or the FFL refuses to accept it, I don't see any reason why the DROS would not go through.

[Librarian]

Unless it's expired and/or the FFL refuses to accept it, I don't see any reason why the DROS would not go through.

I suspect you would agree that 'getting away with it' is distinct from 'legal'.

That the State is apparently doing something for which I can find no statutory justification is a 'tu quoque' issue, which would seem to dismiss the relative positions of state power to individual power a bit too handily.

But, if you would like to file suit on the point, and you would establish your chance of success to be as good as you demand of others, I'll contribute to funding the suit.

[s4alex]

CA does not recognize "dual residency", you are either a CA resident or you are not a CA resident.

CA considers you a resident if you do any of the following:
1. Register to vote.
2. Obtain employment in CA.
3. Go to college/university in CA.
4. Your dependents go to (K-12) school in CA.
5. Own property in CA.
6. Rent property in CA.
7. Get a CA Driver's License.

If I own property in CA, but do not have a CA ID or DL, how would I go about doing a PPT with an off roster gun to another CA resident? Do they not require a CA ID or DL for a PPT?

[Librarian]

If I own property in CA, but do not have a CA ID or DL, how would I go about doing a PPT with an off roster gun to another CA resident? Do they not require a CA ID or DL for a PPT?

Yes, the DROS software does require that.

[Jason95357]

Kid comes home for summer for 2-3 months, right? Can he not change residence during that time? Is there any minimum time requirement for residency?

[Tincon]

Again, there is no CA law that says you have to be a CA resident to be the seller in a PPT transaction. The seller needs a CA ID to complete the DROS process.

[Librarian]

Kid comes home for summer for 2-3 months, right? Can he not change residence during that time? Is there any minimum time requirement for residency?

Most of the time, Feds say that a student in state X for school is a resident of X for gun buying while he is in X, and a resident in his home state for gun buying when he is in his home state.

From what Chewy65 posted, the school was insistent that the son become an actual resident of Kansas, so it isn't abundantly clear that the Federal interpretation applies here. (Perhaps it should - a somewhat involuntary change of state residence might be argued as not having the intent to make his residence in KS - but I have no idea if there is any precedent for that argument.)

As to changing residence, CA has no time limit. I do not know about Kansas.

[Librarian]

Again, there is no CA law that says you have to be a CA resident to be the seller in a PPT transaction. The seller needs a CA ID to complete the DROS process.

He needs a valid California ID. On what basis do you suggest that a citizen of Kansas - and, so far as we know, only Kansas - has a valid California ID?

[Tincon]

He needs a valid California ID. On what basis do you suggest that a citizen of Kansas - and, so far as we know, only Kansas - has a valid California ID?

He went and applied for one? http://dmv.ca.gov/dl/dl_info.htm#idrenew