How to establish dual state residency - AWB purchase?


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dave3006
May 5, 2004, 04:35 PM
I am curious if it is LEGALLY possible to establish a dual state residency for the purpose of buying a rifle.

I live in California. I would like to LEGALLY buy an AR-15 in Arizona and leave it in Arizona in storage. I could travel occassionally to shoot it.

I do not want to break any laws and was wondering if there was a way to establish a dual residency so I can purchase the rifle. I can't move from California due to my job.

Is this possible?

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Hkmp5sd
May 5, 2004, 05:30 PM
For the purpose of purchasing handguns, ATF considers a person having homes in two states and residing at each for part of the year to be a resident of the state he is living in at the time.

You don't need to be a resident of another state to purchase a rifle in another state from an FFL in that state provided you are physically at the dealer's licensed premises for the transfer. The part that is going to get you is the rifle must be legal for you to possess at both the point of purchase and your state of residence. Since CA bans ARs, he could not legally sell you one.

On the other hand, if you happen to have a really good friend or relative living in Arizona that buys you an AR for your birthday and presents it to you while you are visiting, it would be legal for you to take possession and then arrange storage in Arizona.

dave3006
May 5, 2004, 05:47 PM
Thanks for the reply.

So, if I understand things correctly:

If the rifle is legal for me to own in CA, I could purchase it from any gunstore in Arizona as a California resident? Would I use my CA driver's license as identification? Would they accept this as suitable identification?

-Dave

Hkmp5sd
May 5, 2004, 05:54 PM
That is correct. The type if ID accepted is up to the FFL.

tcsd1236
May 5, 2004, 06:38 PM
As far as I know, you can only declare one state as a primary state of residency. You can have second homes elsewhere, but you'll only have one state of residency.

Hkmp5sd
May 5, 2004, 07:05 PM
(B13) May a person 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. But simply owning property in another state does not qualify the person to purchase a handgun in that state.
http://www.atf.gov/firearms/faq/faq2.htm#b13

Kharn
May 5, 2004, 07:58 PM
Hkmp5sd:
You don't need to be a resident of another state to purchase a rifle in another state from an FFL in that state provided you are physically at the dealer's licensed premises for the transfer.
I believe Kali requires all firearm purchases occur within Kali, no out-of-state purchases of any firearm allowed.

Kharn

Hkmp5sd
May 6, 2004, 04:32 AM
Didn't know that. Another reason not to live in California.

EOD Guy
May 6, 2004, 11:13 AM
I believe Kali requires all firearm purchases occur within Kali, no out-of-state purchases of any firearm allowed.

Kharn

California residents with C&R FFL's can purchase any C&R firearm while out of state and bring them back to California. The exception would be those "evil" "assault weapons".

ysr_racer
May 6, 2004, 12:17 PM
Legal advice you get on the internet is worth exactly what you pay for it,

NOTHING

Hkmp5sd
May 6, 2004, 12:43 PM
Awww....after I spent all of those years watching Perry Mason and Matlock...my legal education turns out to be a waste. :)

thatguy
May 6, 2004, 04:41 PM
A private party transfer of any firearm to an out of state resident would be illegal under federal law. You could not have a friend buy a gun in AZ and give it to you when visiting. I'm sorry, but living in CA means you are just screwed when it comes to owning, carrying, buying, selling, storing, shooting, cleaning, admiring, collecting... or anything else... guns.

Hkmp5sd
May 6, 2004, 05:19 PM
A private party transfer of any firearm to an out of state resident would be illegal under federal law.
ยง 922. Unlawful acts

(a) It shall be unlawful --

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

ATF P 5300.4 - Federal Firearms Regulations Reference Guide 2000 (http://www.atf.gov/pub/fire-explo_pub/2000_ref.htm)

Having a friend buy it and give it to him would indeed be a straw purchase and illegal. However, a gift as described in the above post would be legal.

Sam Adams
May 6, 2004, 05:49 PM
On the other hand, if you happen to have a really good friend or relative living in Arizona that buys you an AR for your birthday and presents it to you while you are visiting, it would be legal for you to take possession and then arrange storage in Arizona.

Uhhh, Hkmp5sd, I think that you just advised Dave3006 to engage in conspiracy to obtain a gun through a "straw man" purchase. He shouldn't take that advice, and you shouldn't be offering it in a publicly viewed forum.

.45Ruger
May 6, 2004, 06:00 PM
I don't know if this wil help or not but they are sessing an AR-15 look alike in Cali that is chambered for .22LR. You get the look and feel of the AR but since it is rimfire it isn't covered by Cali AWB. Check Shotgun news if this interests you.

Hkmp5sd
May 6, 2004, 06:02 PM
Nope. I merely pointed out that receiving a firearm as a gift from someone living out of a state is perfectly legal under federal law. At no time did I recommend he have someone make a straw purchase of a firearm and pretend to give it to him as a gift in violation of the law. Every year when my parents ask what I want for Christmas or my birthday, I say a new gun. Sometimes I get one, sometimes I don't, but I'm not engaging in a conspiracy to get my parents to buy me a firearm so that I can avoid federal laws on firearm transfers.

But, from what I understand, there is a bill in CA's legislature that may make buying ARs legal again in that state.

BluesBear
May 7, 2004, 03:44 AM
I believe you will find most courts to define bequest the same as bequeath. Which most courts define as being left to someone in a will. Which means someone has to die.

If you find a court that will define it more broadly as a "hand-me-down" that is usually only applicable to family members.

Could you do it and get away with it? Maybe, but all I know is I wouldn't want to be the test case.
For all of those who are encouraging you to have it "gifted" to you, ask them how many times THEY have done it. Would any of them stick their neck out and do it for you? As Harry Callahan said, "Do you feel lucky? Well, do ya..."

Hkmp5sd
May 7, 2004, 08:15 AM
Another possible way to acquire an AR in Arizona is to purchase an 80% receiver, which is not considered a firearm, and on the next visit, complete the receiver and get the parts to assemble the AR.

Check the Arizona laws governing making your own guns beforehand.

dave3006
May 7, 2004, 12:06 PM
Thanks for all the replies. The key issue is for me to do things legally. I wish I could just move. Someday, I hope.

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