Admin please Delete

[Guaco]

Admin please delete

[Librarian]

Would I fall under dual residency if I attend school during fall and spring semester then move back to Wisconsin during holidays and summer months? Would I fall under example 2?

27 CFR 478.11
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.

Yes, you would. BATFE has said that applies to resident students.

But why are you asking in a thread in the Calgunners in Service Forum?

[Guaco]

One of the replies to this thread mentioned “state of residence” example which I wasn’t aware of, so I decided to ask.

[Librarian]

Ah.

Moved to the correct forum.

See the wiki - http://wiki.calgunsfoundation.org/in...llege_Students - for more detail.

[Chewy65]

Be aware that you must consider Federal Law and the law of the state where you attend school, as well as California law. So if you are wondering if you can buy a gun where you attend school, Fed law may consider you a resident of that state while you are present in that state, then look to that state's law and it likely considers you a resident (but may have a waiting period after you move to it), while Ca may still consider you its resident and as such you will have problems trying to bring off roster guns into CA.

[Guaco]

Be aware that you must consider Federal Law and the law of the state where you attend school, as well as California law. So if you are wondering if you can buy a gun where you attend school, Fed law may consider you a resident of that state while you are present in that state, then look to that state's law and it likely considers you a resident (but may have a waiting period after you move to it), while Ca may still consider you its resident and as such you will have problems trying to bring off roster guns into CA.

[BAJ475]

Be careful in selecting a lawyer. While there are several on this forum, I think that most would agree that the "average" lawyer probably knows less about firearms law than many of the lay persons on this forum. If you have specific questions on how the law applies to you, then yes, you need to talk to an experienced lawyer where your questions will not become public. If you are merely trying to gain an understanding with regard to how the law applies to different situations, then this forum is hard to beat.

[Guaco]

I’ll be selecting a lawyer with a specialty in firearms law.

[Cokebottle]

Either way, a gun that you buy in "State B" while in school can not be brought back into CA without going through an FFL.
You would not be able to claim "new resident" every summer when you come home.

[Librarian]

Either way, a gun that you buy in "State B" while in school can not be brought back into CA without going through an FFL.
You would not be able to claim "new resident" every summer when you come home.

The consideration here is PC 27585

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.

[BAJ475]

Why are we discussing CA law when he states move back to Wisconsin during holidays and summer months? Maybe should have been moved to a national forum?

[Librarian]

Why are we discussing CA law when he states move back to Wisconsin during holidays and summer months? Maybe should have been moved to a national forum?

Because, while Federal law will allow a resident student to buy guns in his/her college state, California won't let that student bring those guns purchased out of state back into CA, unless transferred through a CA FFL.

And, while I can't seem to get the name of the forum changed (I've asked), this forum is for both Federal and CA law 'as applied'.

[Guaco]

Thanks for your feedback, if a better title should be applied Id be happy to change it. I have an appointment with an attorney that specializes in firearm law. So wish me luck, if it turns out I can’t purchase while I reside in Wisconsin then oh well. I guess the only way to purchase the two handguns id like to get, would be through California premium rates. Haha.