Can a CA resident purchase firearms in NV?

[aBrowningfan]

if your DL is Nevada then a Nevada FFL should be able to sell to you because with proof of property or a lease on a habitable residence. But to do so you have to surrender your CA DL to Nevada and make that commitment. However those guns cannot come in to CA. At least that is the way I understand it when i move there.

True. But I am not going to be surrendering my CA DL. I have a hybrid situation where I will have property in both NV and CA and keeping CA residency is a requirement (to be able to possess AWs in CA that are registered to me by CA DoJ).

[MJB]

Why isn't this a law suit by now......

It's all or nothing with the bill of rights......on every right!

[Quiet]

My question:

Can a CA resident buy firearms in NV with provision the firearms will remain in NV (I own property in NV where the firearms will be located/stored). I want to be able to purchase in NV due to not being limited to 'rostered' firearms, 10 round magazine restrictions and AW prohibitions.

I don't want to give up CA residency (I would lose the right to possess AWs in CA that are presently registered to me as a CA resident), yet I also want to keep/maintain firearms in NV that I can't purchase in CA.

I have utility bills, property tax bills, etc. to show my NV 'presence'; I just don't have a NV drivers license.

To be legal under Federal, NV, and CA laws...

1. You need to surrender your CA DL and obtain a NV DL.

2. Because you are still considered a CA resident, any firearm you acquire in NV...
A. Can not be brought into CA, unless it is imported into NV through a CA FFL dealer.
B. Legal importation into CA requires the firearm (must be CA legal and can not include any large capacity magazines and if it's a handgun, then it needs to be listed on the Roster of Handguns Certified for Sale or be exempt from it) to be shipped to a CA FFL dealer. That CA FFL dealer will then transfer (DROS/10 day wait/1 in 30 day wait) the firearm(s) to you.
C. Failure to utilize a CA FFL dealer to import the firearms you acquried in NV equates to a misdemeanor per long gun and a felony per handgun.

True. But I am not going to be surrendering my CA DL. I have a hybrid situation where I will have property in both NV and CA and keeping CA residency is a requirement (to be able to possess AWs in CA that are registered to me by CA DoJ).

Per BATFE and NV DPS...

In order to acquire a firearm in NV, you need a valid NV DL/ID or an active duty Mil ID with permanent orders for NV.

In order to obtain a NV DL/ID, you need to surrender your current valid DL.

If you do want to surrender your current valid DL, you will be issued a NV Seasonal Resident ID.

Since 02-2010, the NV Seasonal Resident ID is no longer considered valid for proving residency for firearm transactions. [NRS 482.103]

Therefore...
It is illegal, under Federal and NV laws, for a NV FFL dealer or a NV resident to transfer a firearm to a person with a NV Seasonal Resident ID.

Bottom line = you need a valid NV DL/ID in order to legally acquire a firearm in Nevada as a NV resident.

[sfe187]

I understand you are leaving the guns bought in NV stay in NV. If you decide to apply for a NV ID to satisfy your situation, its all on you and its against the law.

However, given what you have posted, you do not qualify for NV residency although you pay property taxes, utility bills and so on. Your "presence" in Nevada does not quality you as a resident. NV ID or DL are for permeant resident only. See below:

How Nevada Courts define residency

The Nevada Supreme Court has held that “residency is a question of fact to be determined by the district court.”5). This is different from most facts in a case which are determined by the trier of fact 6). The standard of proof for residency is clear and convincing.7)

There are two main elements to determining residency in Nevada under NRS 10.155: 1. an intent to reside in Nevada for an indefinite period of time and 2. actual, physical presence in Nevada.

[aBrowningfan]

1. an intent to reside in Nevada for an indefinite period of time and 2. actual, physical presence in Nevada.

The box for actual, physical presence in Nevada gets checked with the NV property tax bill with my name on its that is backed up with my U.S. Passport.

The question of my intent to reside in Nevada is a bit of a grey area. Owning property in NV goes toward the intent; otherwise, why would I own property that I don't rent out if I didn't intend to reside in NV indefinitely? I have not found any NV law that says I must have a NV DL to be able to purchase a firearm in NV.

At the end of the day, I think it comes down to the FFL. If the NV FFL accepts my U.S. Passport and NV property tax bill as proof of NV residence, then I can buy firearms in NV and keep them in NV.

[sfe187]

The box for actual, physical presence in Nevada gets checked with the NV property tax bill with my name on its that is backed up with my U.S. Passport.

The question of my intent to reside in Nevada is a bit of a grey area. Owning property in NV goes toward the intent; otherwise, why would I own property that I don't rent out if I didn't intend to reside in NV indefinitely? I have not found any NV law that says I must have a NV DL to be able to purchase a firearm in NV.

At the end of the day, I think it comes down to the FFL. If the NV FFL accepts my U.S. Passport and NV property tax bill as proof of NV residence, then I can buy firearms in NV and keep them in NV.

Please update if any NV FFL would accept Passport, I would be curious to know.

Nevada Carry .Org is a place with good info.

https://www.nevadacarry.org/buying-and-selling-guns.html

Also, when you have time, give Spartan Arms a call, they are usually up and up following all NV gun laws.

http://spartanarms.vegas

(702) 749-9600

[Endless]

In NV, can a firearm sale occur between 2 private individuals without the need for a NV drivers license? Basically buyer using CA drivers license instead. I'm talking about above board, no straw purchases, etc.

Absolutely. Especially military folks.

You just have to show proof of residency in Nevada. I bought firearms all over the US with my California driver license while being active duty military and as a retiree.

[Endless]

The box for actual, physical presence in Nevada gets checked with the NV property tax bill with my name on its that is backed up with my U.S. Passport.

The question of my intent to reside in Nevada is a bit of a grey area. Owning property in NV goes toward the intent; otherwise, why would I own property that I don't rent out if I didn't intend to reside in NV indefinitely? I have not found any NV law that says I must have a NV DL to be able to purchase a firearm in NV.

At the end of the day, I think it comes down to the FFL. If the NV FFL accepts my U.S. Passport and NV property tax bill as proof of NV residence, then I can buy firearms in NV and keep them in NV.

Correct. In many states all you have to show is proof of residency. That supersedes your driver license, regardless of California state law.

I know this is true in Oregon, Maine and Alaska. Been there done that as a retired military member and active. It doesn’t matter.

A lot of this is old news.

[alexisjohnson]

Why not temporarily give up ca id...get your nv id, purchase, then get your ca id again?

It seems like you're legally a resident of both states...so you're stuck on a technicality at this point..

[edgerly779]

Passport useless for id in firearms purchases. Does not satisfy any state id requirements.

[beanz2]

OP, where does it say only those possessing a valid CA DL can legally register a BBAW? I thought CA ID and military orders are also accepted?

[Unbekannt]

California does not recognize dual-residency for firearms purposes.
The Federal government does.
California considers you a resident as long as you have the intention to return to California when you are residing in a different state.

You can legally buy firearms in both states, provided those purchased outside of California are not brought into the state except by transfer through an FFL (from you to you, roster applies)

The fly in the ointment is the driver's license situation.
You need ID acceptable to both California and Nevada, and you can not maintain licenses in two states. Does Nevada have an ID card?

I knew a German guy who had a friend, another German guy, who went to Nevada from California with the idea of relocation---but not on this current trip. Nevertheless, he went into Nevada DMV and wanted a driver's license. They came to address and he only had California addresses. Believe it or not Nevada used a California address on his Nevada driver's license. No, I didn't believe it either until he showed it to me. Sure enough he had a Nevada driver's license with a California address.

[Chewy65]

Why not just get a Nevada Real ID card? Look here for what is needed to get one.

[colossians323]

if your DL is Nevada then a Nevada FFL should be able to sell to you because with proof of property or a lease on a habitable residence. But to do so you have to surrender your CA DL to Nevada and make that commitment. However those guns cannot come in to CA. At least that is the way I understand it when i move there.

Bold is FUD

Just need a nevada id not for proof of property/lease or any of the sort

[colossians323]

True. But I am not going to be surrendering my CA DL. I have a hybrid situation where I will have property in both NV and CA and keeping CA residency is a requirement (to be able to possess AWs in CA that are registered to me by CA DoJ).

why is it important to keep AW's in cali for you?