Quick Hypothetical

[target_shot]

I am a California Resident. I recently moved from Idaho to California. I am still in legal possession of a valid Idaho Driver's License.

On vacation, I use my Idaho DL to purchase a firearm in Idaho. I then take that firearm, in checked baggage, back to CA. I submit a volreg for that firearm.

I think this is illegal. I do not have PC to support why. Does anyone have a quick PC reference?

[Quiet]

I am a California Resident. I recently moved from Idaho to California. I am still in legal possession of a valid Idaho Driver's License.

On vacation, I use my Idaho DL to purchase a firearm in Idaho. I then take that firearm, in checked baggage, back to CA. I submit a volreg for that firearm.

I think this is illegal. I do not have PC to support why. Does anyone have a quick PC reference?

A non-exempt CA resident acquiring a firearm in another State and bringing it into CA without using a CA FFL dealer is illegal. [PC 27585(a).
Violation is a misdemeanor per long gun [PC 27590(a)] and felony per handgun [PC 27590(c)(7)].


Penal Code 27585
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

Penal Code 27590
(a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.
(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(7) A violation of Section 27585 involving a handgun.

[RickD427]

Quiet pretty much nailed the California law on the subject.

In your hypothetical, you would be committing a felony once you returned to California if the weapon were a handgun.

The federal law , and California law define "Residency" quite differently. You may also have violated federal law if you purchased a firearm in Idaho while being a California resident.

[target_shot]

Thank you both that was very helpful.

[fiddletown]

I am a California Resident. I recently moved from Idaho to California. I am still in legal possession of a valid Idaho Driver's License.

On vacation, I use my Idaho DL to purchase a firearm in Idaho. I then take that firearm, in checked baggage, back to CA. I submit a volreg for that firearm.

I think this is illegal. I do not have PC to support why. Does anyone have a quick PC reference?

I won't comment on California law here, but this definitely violates federal law (the Gun Control Act of 1968 or GCA68).

For the purposes of the GCA68 your State of residence is defined at 27 CFR 478.11 as follows:

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)....

According to you you're in Idaho only for a vacation. Therefore, and notwithstanding your possession of an Idaho driver's license, you are not a resident of Idaho for the purposes of the GCA68. Since, as you say, you've moved to California, you are a California resident or the purposes of GCA68.

You have therefore violated 18 USC 922(a)(3), emphasis added:

(a) It shall be unlawful—

(1) ...

(2) ...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;...

Furthermore, if you purchased the gun at an FFL in Idaho, you have fraudulently used your Idaho driver's license to misrepresent your State of residence to the FFL. That is a violation of 18 USC 922(a)(6) which provides:

(a) It shall be unlawful—
...

(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;...

Under 18 USC 924(a)(1) the penalty for violating 18 USC 922(a)(3) is up to five years in federal prison and/or a fine (plus a lifetime loss of gun rights).

Under 18 USC 924(a)(2) the penalty for violating 18 USC 922(a)(6) is up to ten years in federal prison and/or a fine (plus a lifetime loss of gun rights).

[target_shot]

I won't comment on California law here, but this definitely violates federal law (the Gun Control Act of 1968 or GCA68).

For the purposes of the GCA68 your State of residence is defined at 27 CFR 478.11 as follows:According to you you're in Idaho only for a vacation. Therefore, and notwithstanding your possession of an Idaho driver's license, you are not a resident of Idaho for the purposes of the GCA68. Since, as you say, you've moved to California, you are a California resident or the purposes of GCA68.

You have therefore violated 18 USC 922(a)(3), emphasis added:
Furthermore, if you purchased the gun at an FFL in Idaho, you have fraudulently used your Idaho driver's license to misrepresent your State of residence to the FFL. That is a violation of 18 USC 922(a)(6) which provides:
Under 18 USC 924(a)(1) the penalty for violating 18 USC 922(a)(3) is up to five years in federal prison and/or a fine (plus a lifetime loss of gun rights).

Under 18 USC 924(a)(2) the penalty for violating 18 USC 922(a)(6) is up to ten years in federal prison and/or a fine (plus a lifetime loss of gun rights).

Would this change if I had a vacation home (owned property/domicile) in Idaho?

[fiddletown]

Would this change if I had a vacation home (owned property/domicile) in Idaho?

Perhaps.

The here is the GCA68 definition of State of Residence in full, including the examples set out by ATF in the regulations:

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.

So it might depend on the exact circumstances. Are all the facts consistent with your just visiting temporarily? Or are all the facts consistent with your maintaining a second residence in Idaho? Now the details become very important.

[target_shot]

Perhaps.

The here is the GCA68 definition of State of Residence in full, including the examples set out by ATF in the regulations:
So it might depend on the exact circumstances. Are all the facts consistent with your just visiting temporarily? Or are all the facts consistent with your maintaining a second residence in Idaho? Now the details become very important.

Hmmm OK, thank you. I did not have that definition, I appreciate it.

I'm trying to talk a buddy out of doing the situation outlined above. Hopefully this will sway him....