What defines CA residency for a college student?

[Uriah02]

I recently moved back to CA for college and I'm hoping to keep my TX residency, DL, registration. I have physical presence but I am not working. So far from what I've found as a college student residency is not established until 366 days in the state. Can anyone clarify if residency in terms of the college system is legal residency or their own separate thing. However, I can't find any documentation on state websites defining "resident". This is especially interesting because DOJ needs a CA ID/DL to process my handgun registration...

Update: I just got my CA ID, I didn't need to surrender my TX DL/residency so all is good! Apparently the CA ID card does not denote residency but serves as a valid form of ID in the state... only cost 26 dollars when I verified my identity.

[Markinsac]

You can only be resident in one state at a time. Residency usually means you're planning to stay permanently - that triggers the requirement to get a CA DL within a specified time, then you register to vote in CA.

Since you're keeping your TX residency, you'll need to buy there. There is no prohibition on bringing it into CA (with the exception of magazines over 10 rounds).

[ShootNMove]

Utility bill would work, maybe some FFL's will even take a document of insurance/billing statement/etc if it has your address on it. If you lease you can use a lease agreement as proof of residency, but I would double check with the store you are buying your handgun from to see what they say. I'm assuming you dont live on campus... correct?

[berto]

Residency for tuition purposes is different than regular residency. If you go to DMV you should be able to get a CA ID card.

[wash]

Out of state tuition might be a bigger issue than where he can buy guns (if he's a UC or CSU student).

North Carolina jerked my sister around for a couple years so that she would have to pay out of state rates at UNC Chappell Hill while she was in medical school.

Establish a permanent address as soon as possible and never admit to leaving the state (even if it's just for a vacation). Maybe go as far as using cash only when out of state to avoid leaving a paper trail.

[de1911]

It's really up to you, you won't be able to get in-state tuition but can get all the other benefits of being a CA resident if you declare yourself a CA resident and follow the steps (license, vehicle reg, etc). However, you can remain a resident of your home state while in college, you don't have to switch over to CA until you "intend to stay" which is usually getting a job, etc, after graduation.

[Librarian]

Hmm, two in one day...

See also the wiki for Federal residency requirements, r/t gun buying -- http://wiki.calgunsfoundation.org/Fe...y_requirements

California has a bunch of different 'resident' definitions.

For example, here's Berkeley's page on the topic: http://registrar.berkeley.edu/Residency/legalinfo.html

Who is a California Resident? If you are an adult who is not an alien present in the U.S. in a nonimmigrant status which precludes you from establishing domicile in the U.S. (e.g., a B, F, H2, H3, or J visa) and you want to be classified as a resident for tuition purposes, you must have established your continuous presence in California more than one year immediately preceding the residence determination date for the semester during which you propose to attend the University, and you must have given up any previous residence. You must also present objective evidence that you intend to make California your permanent home. Evidence of intent must be dated one year before the term for which you seek resident classification. If these steps are delayed, the one-year durational period will be extended until you have demonstrated both continuous presence and intent for one full year. Physical presence within the state solely for educational purposes does not constitute the establishment of California residence under state law, regardless of the length of your stay. In addition, the Financial Independence requirement must be met. Your residence cannot be derived from your spouse nor, since you are an adult, from your parents. Likewise, a registered domestic partner does not derive residence from the other registered domestic partner.

Here's the DMV page - http://www.dmv.ca.gov/pubs/vctop/d01/vc516.htm

V C Section 516 Resident
Resident

516. "Resident" means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.

The following are evidence of residency for purposes of vehicle registration:

(a) Address where registered to vote.

(b) Location of employment or place of business.

(c) Payment of resident tuition at a public institution of higher education.

(d) Attendance of dependents at a primary or secondary school.

(e) Filing a homeowner's property tax exemption.

(f) Renting or leasing a home for use as a residence.

(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.

(h) Possession of a California driver's license.

(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
Amended Ch. 13, Stats. 1991. Effective February 13, 1991.

(This is the one that sticks in my head; I think this would be the most common understanding of how one shows one is a CA resident.)

Franchise Tax Board says And, here's the DOJ FAQ on proof of residency for buying a handgun:

What documentation is acceptable to demonstrate proof of residency for handgun purchasers?

Utility bill from within the past three months that bears on its face the individual's name and either of the following:

The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form

or

The individual's residential address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

"Utility bill" means a statement of charges for providing service to the individual's residence by either a physical connection (i.e., hard wired telephone connection or cable connection, or a water or gas pipeline connection) or a telemetric connection (i.e., satellite television or radio broadcast service) to a non-mobile, fixed antenna reception device.

Residential lease that bears the individual's name and either of the following:

The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form

or

The individual's address as it appears on his or her California Driver License or California Identification card, or change of address attachment thereto.

"Residential lease" means either of the following:

A signed and dated contract by which the individual (tenant)agrees to pay a specified monetary sum or provide other consideration for the right to occupy an abode for a specified period of time

or

A signed and dated rental agreement by which the individual (tenant) agrees to pay a specified monetary sum or provide other consideration at fixed intervals for the right to occupy an abode.


Property deed the bears the individual's name and either of the following:

The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form

or

The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

"Property deed" means either or the following:

A valid deed of trust for the individual's property of current residence that identifies the individual as a grantee of the trust

or

A valid Certificate of title issued by a licensed title insurance company that identifies the individual as a title holder to his or her property of current residence.

Current, government-issued license, permit, or registration, other than a CA Driver License or CA Identification Card, that has a specified expiration date or period of validity. The license, permit, or registration must bear the individual's name and either of the following:

The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form

or

The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.

Examples of acceptable proof of residency:

Current DMV registrations.
Electricity, gas, cable bill with purchaser's name onit from within the last 3 months.
Signed, dated and notarized rental agreement/contract.

Examples of documents that are NOT acceptable proof of residency:
Hunting or fishing license (these documents are not issued by the government).
Cellular phone bill.

Aren't you glad you asked?

[Uriah02]

Thanks Librarian, that was the most helpful bit of info. I'm not buying any weapons in CA, I'm trying to register them for the Firearms Ownership Record when I imported weapons I bought in TX to CA, for which this debacle is coming about. It looks like I have to complete 6 months of presence at the very least for the DMV test... lets hope DOJ can be satisfied.

[Uriah02]

Problem solved, see update on first post.