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9/19/2017 7:27:10 PM
Posted: 4/2/2001 3:21:31 AM EDT
Since I live in the PRK, and obviously cant get an AR-15, I was wondering. Could I legally purchase an AR-15 out of state and store it at a friends house in the same state until I am able to move out of CA? I am not familiar with Nevada's or Arizona's gun laws. I have friends in both states so that's not an issue. I have to finish up college here, so I wont be able to move for 2+ years. I fear for some reason that by then my opportunity to get an AR will have passed. I hate being relegated to a Mini-14 when I really want an AR. I might move to AZ for a job, do you have to live in that state to purchase firearms? Any info would be greatly appreciated. Thanks.
Link Posted: 4/2/2001 8:22:08 AM EDT
Nope. I do believe that it is a violation of federal law for a California resident to buy a weapon in an adjoining state that is illegal for him/her to buy in California.
Link Posted: 4/2/2001 8:24:53 AM EDT
Unfortunately, as a resident of Kalifornia, you can't legally purchase an AR-15 out of state, because that sale would be illegal in california. If you are a partial year resident of another state, you can purchase the rifle out of state, in your other state of residence, but probably can't bring the rifle into california. There may be some trickery you can pull to get a rifle bought for you by a relative out of state, to be given to you as a gift, and then stored out of state. You have to be a resident of a state to purchase handguns there. For long guns, you can purchase from a dealer (but not a private seller) out of state if the laws of both states allow it (which is where cali screws you for trying to buy an AR-15). If you move to Arizona for a job, and have a residence there, you are legally a resident of Arizona once you decide to make your home there. Individual states may have a residency requirement before you can purchase firearms, and non-resident alieans must reside in a state for 90 days before they can purchase firearms there. I don't believe there's any federal residency requirement to purchase firearms in your new state of residence for citizens, though.
Link Posted: 4/2/2001 9:51:16 AM EDT
Unfortunately, as a resident of Kalifornia, you can't legally purchase an AR-15 out of state, because that sale would be illegal in california. If you are a partial year resident of another state, you can purchase the rifle out of state, in your other state of residence, but probably can't bring the rifle into california. There may be some trickery you can pull to get a rifle bought for you by a relative out of state, to be given to you as a gift, and then stored out of state.
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I haven't looked at CA law, but I have to disagree with Circuits. First, to have a relative or friend buy it for you, and either given or stored for you out of state would be a straw purchase - a felony under 18 USC 922(a)(5)-(6). Second, while it is true you could go to another state and purchase a long gun, the purchase and posession must be in conformity with the law of both states (18 USC 922(b)(2)-(3)). As far as I am aware, while the purchase or possession of an AR15 IN CALIFORNIA would be unlawful, there is no such prohibition in CA law against purchase or possession by a CA resident OUTSIDE of CA. Generally, states cannot proscribe or make unlawful activities which occur outside of their territorial boundaries. Thus, I think it is quite arguable that you could purchase a long gun, such as a pre-ban AR15, in another state (it wasn't purchased in CA in violation of CA law), and as long as the firearm didn't cross a state line into CA (it wasn't possessed in CA, in violation of CA law). Just as an example, it is similarly unlawful for an individual to purchase or possess a machinegun in CA. However, a resident of NV (MGs are legal for individuals to possess in NV) could legally buy a machinegun there and had it safely stored in NV if he later moved to CA and became a CA resident. Thus a CA resident could possess a machinegun, albeit outside of the state, and legally purchased while the resident of another state. I think a similar application could apply here with the purchase of an AR15. Again though, I'm not a CA lawyer so I'm not saying its legal - only that it is quite arguable. If you're interested in pursuing it, I'd recommend you seek the advice of counsel in CA.
Link Posted: 4/2/2001 10:04:48 AM EDT
Transfer to ASU and get an AZ drivers licence. That's all you need. Or if you buy from a private seller you don't even need the AZ licence, Just CASH! i can't even beleive that a state that borders AZ is so F@#ked up!
Link Posted: 4/2/2001 10:55:59 AM EDT
shaggy: I guess we'll just have to differ on our interpretations of the out-of-state purchase, then. Purchasing as a gift is not a straw purchase, provided the person you're buying it for is not prohibited from owning it, although there IS a fine line between a gift and a straw purchase. The ATF guidelines distributed to dealers specifically cover the purchase of a firearm as a gift, and differentiate it from a straw purchase.
Link Posted: 4/2/2001 3:11:53 PM EDT
[Last Edit: 4/2/2001 3:13:29 PM EDT by rkbar15]
ATF FAQ: (B2) From whom may an unlicensed person acquire a firearm under the GCA? A person may only buy a firearm within the person’s own State, except that he or she may buy a rifle or shotgun, in person, at a licensee's premises in any State, [b]provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides.[/b] [18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29] PART 178--COMMERCE IN FIREARMS AND AMMUNITION §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 [b](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.[/b]
Link Posted: 4/3/2001 7:44:46 AM EDT
it would be kinda hard to prove that it was a straw ourchase unless they had you on tape saying yeah man buy me this ar 15 i cant buy and the other guy OK?!
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