Florida resident buying a gun for CA home

[Ronanld]

To give more info from my original post, my neighbor is a Florida resident and is not claiming to be a CA resident. She only has a Florida DL and does own a home with all the paper trail that generates. I'm guessing that her FL ID will be the stumbling block when filling out the DOJ paperwork.

[Phalanx20mm]

Federal Regulations:
• You must be 21 years of age to purchase a handgun from a Federal Firearms Licensed dealer (FFL)
• You must be 18 years of age to purchase a long gun from a FFL dealer
• All handguns must be transferred from an FFL dealer to the customer in the state of the customer’s residence
• Long guns can be purchased and transferred to a resident of any state in any state provided that the transfer is legal in both the purchaser’s state and the state in which the transfer is taking place
• State residency regulations vary from state to state. Please click the following link (https://www.atf.gov/) to see if the firearm you are interested in can be transferred to you in any of our 29 retail locations.
• Customers must complete the federal ATF F 4473 and pass the required Brady Act background check before a firearm can be transferred

She is a resident of Florida so she must buy a handgun there. US Citizens have the right to free travel and the right to defend themselves.

[Chewy65]

It sounds like under Federal law she might be considered a resident of FL or CA depending on which state she is in at a particular time.

If she does not claim to be a CA resident the dealer can sell her a gun but will have to have it shipped to a FL FFL for delivery to your friend. But if she does so she runs the risk of being charged with a felony.

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.

While she arguably purchased it in CA she will have otherwise obtained in from outside the state depending on the interpretation of that code section. So if she then brings it back to CA and CA decides she is its resident she could be charged with violating 27585(a) UNLESS she has it shipped to a CA FFL. Of course the CA FFL will run a DROS and require a safety demonstration and a FSC.

This sounds like a load of nonsense, but it is CA gun law.

[taperxz]

[emmortal]

That's what I was leaning toward in this situation, she'd have to buy the gun in Florida and bring it with her when she comes to California.

[Ronanld]

This is what I needed to know. Thanks.

[RickD427]

It sounds like under Federal law she might be considered a resident of FL or CA depending on which state she is in at a particular time.

^^^THIS^^^^

Please note that "Residency" for purposes of federal firearms laws is defined by 27 CFR 478.11 and examples are provided. Here is the text:

"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. "

The situation being discussed here very closely resembles Example 2.

The lady is a Florida resident when she is in Florida and a California resident while in California. Under the federal regs she is not a "Dual Resident" since she is required to be "present in a state" in order to be a resident. But at the same time, she can change her residency as quickly as she can move between the states in which she has a home.

Under federal law, she can purchase a firearm in Florida when she's there, and in California when she's here. At the same time she's also gotta follow the state law of the state she's in.

Please note that California defines residency quite differently. That creates the conundrum that we often discuss regarding the application of PC 27585.