Another off roster PPT question

[EBR Works]

Hypothetical scenario:

Person A has residences in California and Arizona. He legally purchases an off roster handgun in Arizona since he has an Arizona ID card.

A few weeks later he wants to sell said handgun to person B who is a California resident.

Must person A register the pistol with California prior to PPT to person B or is it acceptable to PPT as is?

Mags are under 10 round, so no issues there.

[rromeo]

As long as he has a CA driver's license, he can PPT it immediately. No registration required.

[EBR Works]

He does have a CA driver's license.

[jtmkinsd]

You say "legally" purchased in AZ but I suspect there were some rules that were bent or just plain broken. Was the purchase from an AZ dealer? I'm wondering, does the person have an AZ ID as well? Where is this person's primary residence? There are some funny rules about dual citizenship...both Federally and on a State level.

[EBR Works]

As previously stated, person A has an Arizona residence, AZ issued photo ID. Also has an AZ resident CCW. Primary residence is in Cali and has a Cali DL.

Firearm was purchased from an Arizona dealer.

[jtmkinsd]

As a primary resident of CA, the person is subject to the laws and restrictions of CA in addition to Federal law. Which means person A may not take possession of firearms in another State. Any firearms purchased in another State must go through an FFL in CA.

What "legally purchase" means is up in the air. I know plenty of folks who believe it's perfectly fine to drive to AZ and buy a firearm in a FTF transaction (not regulated in AZ). This is why I asked if it was purchased from a dealer. A while back I wrote a letter to ATF about intrafamilial transfers, long story short, the written response states:

"An unlicensed person (i.e private citizen) is prohibited from transferring a firearm to an individual who does not reside within the same state of residence...In order for an individual to acquire a firearm from and out-of-state unlicensed person, the firearm must be transferred to a Federal firearms licensee (FFL) in the transferee's state

If purchased from a dealer, person A should have the firearm shipped to an FFL in CA to transfer.

Or just move permanently to AZ...as they have a sane legislature.

[EBR Works]

As stated, it was purchased from an FFL 01 in Arizona and delivery taken there.

Interesting hypothetical situation which I am sure happens a lot!

[jtmkinsd]

As stated, it was purchased from an FFL 01 in Arizona and delivery taken there.

Interesting hypothetical situation which I am sure happens a lot!

Didn't see this in any earlier post.

It does happen...no doubt about that.

The establishment of residency is the tricky part. Federally, the person would need to commute back and forth between the states to be considered a "dual resident"

CA is a little more murky but in most instances, they consider the person a CA resident and subject to their laws.

This kind of scenario has been hashed out a couple times in the past...mostly from people wanting to buy non-roster handguns and bring them into CA to PPT at a premium...but since the single-shot conversion came about...kinda took the wind out of that sail.

[EBR Works]

The establishment of residency is the tricky part. Federally, the person would need to commute back and forth between the states to be considered a "dual resident"

What guidelines would establish this? Commuting once per day, week, month, year, decade ?

[jtmkinsd]

From BATFE website:

Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

There is more specific info on this...but I don't remember where at the moment.

[EBR Works]

The State of residence is the State in which an individual is present

Who the hell wrote this? They are kidding, right?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State.

Pretty vague....