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Posted: 8/24/2001 7:07:08 PM EDT
My residents is currently in California but I am in the military. I have ruled our any chance of me ever getting a AR is this hell hole of a state. I have heard of people switching to Nevada Residents just so the don't have to put up with all gun laws and other B.S.. Does anyone know how I could go about doing this?
Link Posted: 8/24/2001 9:49:49 PM EDT
sure ya can, just buy a house in NV, sell your home in kalif, it may be up to 6 months before you can declare NV residence, hand over your kalif license for a NV license, go buy an AR and LEAVE IT IN NV of course the commute from NV to your kalif job might be a pain in the ass, but what the fuck you got a AR right?
Link Posted: 8/25/2001 12:10:43 AM EDT
jdog, if you get a storage system setup in Nevada, you can go there and buy any legal (fed. and Nev.) rifle even if you are a California resident, just leave it in Nevada. If Nevada law doesn't prevent it, that is. Find out the requirements for resident status in Nevada and get to work on that. Make sure you change your home of record with the military if you can so when you get out and want to ship household goods, they'll pay the way to Nevada for you.
Link Posted: 8/25/2001 5:11:12 AM EDT
Under federal law unless you are a legal resident of NV you can't purchase an AR-15 in NV because you are prohibited from doing so in your resident state of CA. You need to establish and declare NV (or other state) as your state of residence.
Link Posted: 8/25/2001 8:54:27 AM EDT
You can also establish partial-year residency in another state, and purchase firearms in that state as a resident during the portion of the year you reside there. Check the ATF FAQ for more information on multiple residency. For instance, a college student living in another state for most of the year is both a resident of his "home" state when not at school, and a resident of the state in which he resides during school. The same applies if you legitimately maintain two residences (a summer cottage at the lake or a hunting lodge cabin type of thing) - you can purchase firearms as a resident of the other state during the period you actually reside in that state.
Link Posted: 8/26/2001 1:45:26 PM EDT
Since you are military all you have to do is change your home of record. Registering to vote, getting a drivers liscense, getting a post office box, these will help to prove that you are no longer a California State resident. You don't say if you are stationed in the state of California. You need to stop paying California state taxes ASAP. Change your home of record, file one more income tax return with California as a non-resident and be done with them.
Link Posted: 8/26/2001 3:11:06 PM EDT
All sounds good but I am stationed in California too. Now the problem is getting a legal mailing address for DMV and stuff of that nature. Thanks!
Link Posted: 8/26/2001 5:32:45 PM EDT
You can't establish residency with a post office box. You can establish any number of residencies but you can only declare one to be your domicile. A domicile is the residence that you intend to return to and where you are registered to vote and for tax purposes.
Link Posted: 8/26/2001 11:14:44 PM EDT
jdog, are you a legal resident of California? Trust me, as long as you are in the Military you can claim any state as your home of record. Registereing to vote, registering a car, getting that states drivers liscense, and yes, even getting a post office box in the state where you wish to claim your residency will work for you as long as you are in the Military. After all, while you are in the Military no one can tell you where you will end up after you get out or retire. All of that domicile crap is for civilians and for tax purposes. Another reason to change your home of record to a state of residence that has no state income tax.
Link Posted: 8/26/2001 11:14:45 PM EDT
jdog, are you a legal resident of California? Trust me, as long as you are in the Military you can claim any state as your home of record. Registereing to vote, registering a car, getting that states drivers liscense, and yes, even getting a post office box in the state where you wish to claim your residency will work for you as long as you are in the Military. After all, while you are in the Military no one can tell you where you will end up after you get out or retire. All of that domicile crap is for civilians and for tax purposes. Another reason to change your home of record to a state of residence that has no state income tax.
Link Posted: 8/26/2001 11:14:45 PM EDT
jdog, are you a legal resident of California? Trust me, as long as you are in the Military you can claim any state as your home of record. Registereing to vote, registering a car, getting that states drivers liscense, and yes, even getting a post office box in the state where you wish to claim your residency will work for you as long as you are in the Military. After all, while you are in the Military no one can tell you where you will end up after you get out or retire. All of that domicile crap is for civilians and for tax purposes. Another reason to change your home of record to a state of residence that has no state income tax.
Link Posted: 8/27/2001 9:27:02 AM EDT
eww triple post
Link Posted: 8/29/2001 11:28:48 AM EDT
rkbar15, I've been trying to look up the USC on what you said about being a CA resident but not able to buy an AR15 in Nevada. Can you give me an idea where to find that? Not challenging your answer, just trying to figure something out. Thanks
Link Posted: 8/29/2001 12:36:43 PM EDT
WSmac: Look in the ATF FAQ and guidelines for dealers. Basically, for long gun purchases out of the buyer's home state, the sale must comply with the laws of both the buyer's and seller's states. In the case of a California resident, Cali requires all sales to go through a California Dealer in order to process the Dealer Record Of Sale (DROS), so effectively California residents cannot purchase from an out of state dealer (which is the only legal way to purchase a long gun outside your home state).
Link Posted: 8/29/2001 4:05:42 PM EDT
WSmac: Since the search is down I'll repost here. Handguns must be transferred in the purchasers state of residence. [url]http://www.atf.treas.gov/regulations/27cfr178.pdf[/url] §178.96 Out-of-State and mail order sales. (c)(1) A licensed importer, licensed manufacturer, or licensed dealer may sell or deliver a rifle or shotgun, and a licensed collector may sell or deliver a rifle or shotgun that is a curio or relic to a nonlicensed resident of a State other than the State in which the licensee's place of business is located if-- (i) The purchaser meets with the licensee in person at the licensee's premises to accomplish the transfer, sale, and delivery of the rifle or shotgun; (ii) The licensed importer, licensed manufacturer, or licensed dealer complies with the provisions of Sec. 178.102; (iii) The purchaser furnishes to the licensed importer, licensed manufacturer, or licensed dealer the firearms transaction record, Form 4473, required by Sec. 178.124; and (iv) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States. (2) For purposes of paragraph (c) of this section, any licensed manufacturer, licensed importer, or licensed dealer is presumed, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both such States. (Approved by the Office of Management and Budget under control number 1512-0130) [33 FR 18555, Dec. 14, 1968. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF-48, 44 FR 55842, Sept. 28, 1979; T.D. ATF-241, 51 FR 39620, Oct. 29, 1986; T.D. ATF-270, 53 FR 10497, Mar.
Link Posted: 8/29/2001 4:41:04 PM EDT
Link Posted: 8/30/2001 10:58:09 PM EDT
Do I need to have a address in Nevada to be a resident? I think the DMV will not give me a licence with out a address? I don't want to have invest the $150 for a Mail Forwarding service unless I really have to. thanks
Link Posted: 8/31/2001 10:25:46 AM EDT
Link Posted: 8/31/2001 3:31:12 PM EDT
Link Posted: 9/1/2001 2:07:25 AM EDT
After reading the CA DOJ regs on assault weapons, I come to this conclusion. A California resident CAN own an unregistered AW OUTSIDE of the state. I see no provision stating the said resident cannot purchase an AR/AK series weapon outside the state, just not in the state. Registration for keeping AW's instate ended with the beginning of 2001. Now this may very well be a risky reading of the law, but I do not see where it states that CA residents had to turn in their AW's as the only option. It did say that they could be moved "out of state". This means to me that there is no prohibition against a CA resident owning an AW, as long as it is not bought in, or brought into the state. I think I repeated myself there a few times, sorry! I agree that the best action would be to gain Nevada residence.
Link Posted: 9/1/2001 9:15:42 AM EDT
WSMac - you're right that a CA resident can legally OWN an AR-15, as long as they don't POSSESS it in California (presuming it wasn't there before the registration deadline, or otherwise didn't get legally registered). However, it's illegal for an out of state FFL to sell a long gun to a CA resident, because CA requires the Dealer Record of Sale (DROS) to be executed by a CA FFL, and no out of state FFL can do that.
(iv) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.
View Quote
I could be wrong in my reading of that, but I don't think so. Now, it's legal for a partial year resident to buy an AR-15 in their period of non-CA residence during the year, provided they don't bring the weapon into CA with them (except as approved for highpower matches, etc). It's also legal for someone who purchased an AR-15 while a resident of another state, and who subsequently moves to CA, to retain ownership of that AR-15, as long as they don't move it into CA with them.
Link Posted: 9/1/2001 9:22:53 AM EDT
Thanks. Next question; What's your take on private transfers. I realize that CA would still want that DROS, but if it's bought and kept out of state I would HOPE a citizen would be legal (as far as the Feds anyway) without one. BTW, I have no immediate interest in this issue other than academic.
Link Posted: 9/1/2001 9:33:50 AM EDT
You must be a legal resident of the state in which the transfer takes place for all private transfer of handguns and long guns.
Link Posted: 9/2/2001 10:02:00 PM EDT
Thanks
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