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Buying a residential property in Arizona

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  • SteveInKA
    Member
    • Mar 2006
    • 185

    Buying a residential property in Arizona

    Long time browser, first time poster. First off I just wanted to say what a great website you guys have here and thanks for running and maintaining it. Lots of useful information and discussion. I live in southern CA. I just recently bought a second home about ten minutes outside of Phoenix, AZ. I work in CA so i plan on staying here. I haven't done any research as of yet in regards to the law and whether or not i can purchase and stock non CA legal rifles in my arizona home while still living in CA. A friend of mine told me that i would need to get an Arizona driver's license and relinquish my CA dl. Is that true? Is it necessary to have an AZ dl to purchase non CA legal rifles? Would the DOJ be satisfied with an AZ gov't issued ID card? Thanks in advance.
    Last edited by SteveInKA; 06-26-2006, 11:57 PM.
  • #2
    bwiese
    I need a LIFE!!
    • Oct 2005
    • 27621

    DL would not be needed.

    However, residency is a funny thing. You prob should talk to one of the gun lawyers about this. You need to keep CA, AZ and US/BATF happy.

    As I understand it (dimly) you really don't have 'dual residency'. You reside in one place or the other for periods of time. How short or long those are to retrigger a residency period I dunno. (Going back & forth may not necessarily count.)

    If you buy a handgun in AZ during your AZ residency you have to fill out registration paperwork when you come back into CA.

    Bill Wiese
    San Jose, CA

    CGF Board Member / NRA Benefactor Life Member / CRPA life member
    sigpic
    No postings of mine here, unless otherwise specifically noted, are
    to be construed as formal or informal positions of the Calguns.Net
    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
    employer. No posts of mine on Calguns are to be construed as
    legal advice, which can only be given by a lawyer.

    Comment

    • #3
      Ford8N
      Banned
      • Sep 2002
      • 6129

      (B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

      If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

      [27 CFR 478.11]


      For hand guns, I believe you can buy if you are physically in the state. Long guns, I don't know. Just get an AZ DL or ID card.

      Comment

      • #4
        DV8
        Senior Member
        • Oct 2005
        • 527

        If I remember it right, you would need to reside in AZ for a certain period of time. Just having a house there doesnt establish residency.

        To buy firearms from an FFL there, you would need a DL or ID or you could apply for a CCW there and just show that when you buy something. PPT are real easy there too, some sellers just ask for id, then you hand over your money and the deal is done.

        Comment

        • #5

          you could always buy it here in CA sans PG, and properly assemble it in AZ.

          Comment

          • #6
            gose
            Veteran Member
            • Oct 2005
            • 3952

            Originally posted by glen avon
            you could always buy it here in CA sans PG, and properly assemble it in AZ.
            Not if he wants to buy something from the list. A SIG 551 or HK 94 won't become CA legal just because you remove the PG
            With Oden on our side.

            Comment

            • #7
              Hunter
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Mar 2006
              • 1759

              Originally posted by SteveInKA
              ......Is it necessary to have an AZ dl to purchase non CA legal rifles? Would the DOJ be satisfied with an AZ gov't issued ID card? Thanks in advance.
              If you have a photo ID showing a AZ address, you will be able to purchase a firearm in AZ. Residency rules vary depending on what you are attempting. For going to school there, one has to live continuously for 12 months to pay resident tuition. In order to get a resident hunting license in Arizona, someone must demonstrate he or she does most, if not all of the following: permanently or primarily resides in Arizona for at least 6 months (showing utility bills in ones name), possesses an Arizona drivers license and registers his/her vehicle in Arizona, maintains a home in Arizona, votes in Arizona, and pays Arizona resident income taxes. A person cannot be considered a resident of two states at the same time. So if ones moves between CA and AZ, they will have two state income tax forms to file that year.

              But for firearms you just need a valid photo ID with AZ address. Now any guns that you buy in AZ can be left in AZ without any further concern. If you decided to bring any handguns back to CA when you "move back", you will need to file the proper paperwork with DOJ.

              Comment

              • #8
                Cdog
                Junior Member
                • Feb 2006
                • 49

                The ID card will not work without a utility bill like SRP or your property taxes. Better yet, just get an AZ lic. and be done with it. F CA and their communist laws & Tax's. Remember to renew your lic. plates in AZ. You will get a ticket with AZ plates and a CA driver lic. or vise versa. Also once you're a AZ resident for a while you can go and get your CCL. With the AZ CCL you can buy your rifles and handguns without the background check.

                Why not support the state that supports your constitutional rights?

                Enjoy!


                We too own in AZ. No longer own in OC.
                Last edited by Cdog; 06-27-2006, 10:19 AM.

                Comment

                • #9
                  SteveInKA
                  Member
                  • Mar 2006
                  • 185

                  Thanks for the replies, guys. I think i'm going to talk to a local FFL out there and see what he thinks in regards to the legality of owning an AW while still having a CA dl. All I want is a pistol grip carbine without a fixed mag!! Well that and a few other "evil" rifles

                  Comment

                  • #10
                    50 Freak
                    Veteran Member
                    • Oct 2005
                    • 3412

                    My suggestion is don't talk to an FFL, most time they don't know the laws.

                    Call an attorney friend or even the DOJ (not the CA DOJ) but the AZ (DOJ) for an answer. Try to get it in writing if you can.

                    Please post your results if you can. I'd be interested in knowing for sure myself.
                    I'm Rick James...Be-otch!!!!

                    Comment

                    • #11
                      SemiAutoSam
                      Banned
                      • Apr 2006
                      • 9130

                      Originally posted by Cdog
                      The ID card will not work without a utility bill like SRP or your property taxes. Better yet, just get an AZ lic. and be done with it. F CA and their communist laws & Tax's. Remember to renew your lic. plates in AZ. You will get a ticket with AZ plates and a CA driver lic. or vise versa. Also once you're a AZ resident for a while you can go and get your CCL. With the AZ CCL you can buy your rifles and handguns without the background check.

                      Why not support the state that supports your constitutional rights?

                      Enjoy!


                      We too own in AZ. No longer own in OC.
                      Have you seen a law that requires a physical address on both the State issued ID and the utility bill ?

                      I use a Mailing address on both my ID and my utilities when one is gone for a week or two at a time the mail box at the highway isnt always totally secure and or weather proof.

                      Im interested in knowing what law if there is one that requires a physical address on the ID and or other utility bill that one is using as a back up document ?

                      thanks

                      Comment

                      • #12
                        Cdog
                        Junior Member
                        • Feb 2006
                        • 49

                        Originally posted by SemiAutoSam
                        Have you seen a law that requires a physical address on both the State issued ID and the utility bill ?

                        I use a Mailing address on both my ID and my utilities when one is gone for a week or two at a time the mail box at the highway isnt always totally secure and or weather proof.

                        Im interested in knowing what law if there is one that requires a physical address on the ID and or other utility bill that one is using as a back up document ?

                        thanks


                        Not sure exactly. My FFL said I had to have a utility bill with a state ID or a driver lic. You will have to state that you are a resident on the dros. Just get your AZ DL and be an AZ resident. Either way, what's the point of having a CA DL? If you are the owner occupant of the AZ home you can be a resident. My cpa say's I have to pay state taxes for the state the $$$ is earned in. So I don't think that's a valid issue. I am in Real Estate and work in both states. If you start asking a FFL all these questions it will sound like you are trying to do something sneaky. Too much liability to do biz with you.

                        Comment

                        • #13
                          SemiAutoSam
                          Banned
                          • Apr 2006
                          • 9130

                          No im not trying to do anything sneaky I just value my privacy and am not going to make it easy for them to come and collect what I have spent alot of hard earned cash on.

                          That is if there ever comes a time when they feel californians are too childish to have any firearms to protect themselves with.

                          That last post had to do with a certian law I was looking for california law or federal law not AZ law.

                          If a FFL has a problem with my knowing the law and or his giving me his knowledge of the law then he is out of the running IE will not be receiving any of my business.

                          Comment

                          • #14
                            Cdog
                            Junior Member
                            • Feb 2006
                            • 49

                            Originally posted by SemiAutoSam
                            No im not trying to do anything sneaky I just value my privacy and am not going to make it easy for them to come and collect what I have spent alot of hard earned cash on.

                            That is if there ever comes a time when they feel californians are too childish to have any firearms to protect themselves with.

                            That last post had to do with a certian law I was looking for california law or federal law not AZ law.

                            If a FFL has a problem with my knowing the law and or his giving me his knowledge of the law then he is out of the running IE will not be receiving any of my business.

                            Comment

                            • #15
                              striker3
                              Member
                              • Nov 2004
                              • 190

                              FFLs are required to make sure that the physical address is correct to establish residency. I am a AZ resident by way of it being my Home of Record for the military. The first time that I tried to buy a firearm, I had a PO box on my DL as well as a PO box for all of my bills. Asked 3 FFLs about it, and each said that they would not sell to me without proof of residency.

                              I ended up just going down to the DMV and getting my mom's physical address on my DL. Funny thing though. The DMV did not rquire ANY proof of residency for that address...

                              I do not fault the FFLs in any way. There are clear cut regulations about residency requirements to purchase firearms. If I were in their shoes, I would not risk my license for a person that I did not know.

                              The people to ask would be the ATF themselves. They can give you a direct answer.

                              Comment

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