dual residency question.

[stitchnicklas]

i will be becoming 1/3 owner of my parents house shortly
it is havasu,az.

as being a title deed holder i should be legally able to get a az i.d. card.

can i buy off list items in arizona legally if i do this,i do know i can't bring all the goodies sold there back but i could keep them there in arizona thought.

would there be any legal problem here??

[HoMa506]

Here's a cut and paste from 27 CFR 478.11, the Code of Federal Regulations cited, it's crystal clear from Example 2:

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. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. 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 is a U.S. citizen and 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 on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.

[Quiet]

Unless you actually live in AZ, you will follow under Example #1 listed in 27 CFR 478.11.

If you live in AZ seasonally, you will follow under Example #2 listed in 27 CFR 478.11.


Owning property in another state does not make you a resident of that state, you have to actually live there to be consider a resident of that state for the time period you are living there.

So...
Own property in another state + have that state's DL/ID + visiting for short period of time = not a resident
Own property in another state + have that state's DL/ID + living there = resident

[HoMa506]

Own property in another state + have that state's DL/ID + living there = resident

EXCEPT in Nevada where having a Seasonal Resident ID card does NOT let you buy a firearm there. Guess why I know or care.

[stitchnicklas]

oh well...
wait 4 yrs till i move then..

[Quiet]

EXCEPT in Nevada where having a Seasonal Resident ID card does NOT let you buy a firearm there. Guess why I know or care.

NV law [NRS 483.141] states that a NV seasonal resident is not considered a NV resident.

NV DPS reminded NV FFL dealers of this and advised NV FFL dealers that on 02-01-2010 they could no longer accept the NV Seasonal ID card as proof of NV residency.

Rumor was that NV was not enforcing this and did not consider it an issue, until BATFE got involved due to illegal firearm transactions by NV FFL dealers to CA residents.


NRS 483.141
1. “Resident” includes, but is not limited to, a person:
(a) Whose legal residence is in the State of Nevada.
(b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this State, as the home state of such vehicles.
(c) Who physically resides in this State and engages in a trade, profession, occupation or accepts gainful employment in this State.
(d) Who declares that he or she is a resident of this State to obtain privileges not ordinarily extended to nonresidents of this State.
2. The term does not include a person who is an actual tourist, an out-of-state student, a foreign exchange student, a border state employee or a seasonal resident.
3. The provisions of this section do not apply to drivers of vehicles operated in this State under the provisions of NRS 482.385, 482.390, 482.395 or 706.801 to 706.861, inclusive.

[stitchnicklas]

yrs and i live out of nanny-zone..

[wellerjohn]

EXCEPT in Nevada where having a Seasonal Resident ID card does NOT let you buy a firearm there. Guess why I know or care.

Nevada is no longer issuing seasonal ID's, got mine in mid January