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Can AZ snowbird bring back off roster pistol?

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  • #16
    Chewy65
    Calguns Addict
    • Dec 2013
    • 5030

    The problem is that the Sate of California doesn't provide any means for determining if one is a resident or not for purposes of Penal Code Many look to Vehicle Code Section which is to be used to determine whether not the resident of another state has moved to California as a resident and should therefor be considered a "personal firearm importer".

    (o) For purposes of paragraph (6) of subdivision
    (n):
    (1) Except as provided in paragraph (2), residency
    shall be determined in the same manner
    as is the case for establishing residency pursuant
    to Section 12505 of the Vehicle Code.
    (2) In the case of members of the Armed
    Forces of the United States, residency shall
    be deemed to be established when he or she was
    discharged from active service in this state.
    Some consider whether one is considered a resident for purposes of state income tax. I don't think the fact that you continue to own investment property is definitive.

    Depending on circumstances, I even doubt that PC 27585 is enforceable for vagueness as applied in the circumstances of many who might be able to raise a good faith claim of residency in another state. But should you test it you risk being found a felon. Especially if you are only leaving the state for a few months with the intention to return.

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    • #17
      M1NM
      Calguns Addict
      • Oct 2011
      • 7966

      Since you are planning on moving to AZ forever. Get a license transfer your car list your CA house for twice its value. When things don't work out in six months come back to CA with the truck load of off roster handguns you bought and become a Kommieforian again.

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      • #18
        Seaweed02
        Senior Member
        • Jun 2012
        • 1650

        Originally posted by Jefferson Prepared
        Thanks guys. I'll be "making a home" in AZ long enough that I'm supposed to get an AZ license anyway. I'll be paying AZ income tax on what I earn there. Sure, it won't be forever and I'm not selling my CA home, but it seems like I should be covered under example 4, no?

        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.
        I think you're actually closer to being covered under example 2.

        Comment

        • #19
          krb
          Senior Member
          • Jun 2016
          • 1086

          Originally posted by Jefferson Prepared
          If I move to AZ for a season and legally purchase an off-roster pistol while residing in AZ, can I bring it back into CA?

          I'll be doing some work in Phoenix for 3-4 months and would really like to get a sig p365 while residing in a free state...
          It should be perfectly legal as long as
          You are really an Az resident - meaning drivers license, bank accounts, Doctor, voting registration, water and electricity bills and place of residence are legitimately az. I looked into moving as California is a pretty bad place to live - taxes, gun laws, illegal alien laws, sanctuary cities etc - and you really have to be a real resident of the other state. If you own property here and you rent there you are not a resident of Az. If you own property here you need to sell it. If you rent here and rent there could be but ... there is no way it flies if you own a home here and rent there. Unlikely to be worth it.

          Comment

          • #20
            krb
            Senior Member
            • Jun 2016
            • 1086

            You can google a list of factor’s the state looks into. If you own a house in California and you are renting in another state you’ve declared which is your real state. No way getting a drivers license is going to change that. Maybe if you own property here and rent it out long term but California government is bad not stupid. They know what’s
            Going on. My two cents. I’ve thought about the same. Everything I’ve read Online says you have to be the real resident of the other state. Checking boxes won’t do it.

            Comment

            • #21
              krb
              Senior Member
              • Jun 2016
              • 1086

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