Purchasing a shotgun in Utah

[Cruz Valdes]

So im active duty stationed in CA, my home of residence is Utah and i have my conceal carry permit from Utah. So while i was deployed i bought a shotgun through Impact Guns website. So when i returned to go pick it up i had an issue, i didnt have my Green Card on me at the time and they wanted to get a photo copy of it. I told them i had it just not with me, when they asked where it was i told them i am stationed in CA and that its there. They freaked out and said i couldnt even have purchased it since im not a resident of Utah, though my home of record, my drivers license, state license and conceal carry permit are all for the state of Utah. Ive looked everywhere online and i cant seem to find anything that proves them right or wrong. So i was wondering if anyone could lead me in the right direaction so i can either tell them to give me my money back or let me take my shotgun home. Also i went to Guns and Ammo and i was able to buy a pistol with no problem, so this is where im confused. If anyone can help id appreciate it

 

[Warbirds]

Who is "they", in the sentence "They freaked out....".

Sent from my SM-G900P using Tapatalk

 

[sdprof]

I think the problem is not Utah, nor purchasing a long gun in Utah.

It's that you're residing in CA, which prohibits out of state purchases.

Now if the UT dealer ships it to a CA FFL for your pickup, you might be in business.

See: Link Removed for quick info.

 

[NavyLCDR]

If anyone can help id appreciate it

Your biggest problem is the definition of state of residency in Federal law regarding firearms transactions. Click on the link and read the entire definition, including examples:
eCFR ? Code of Federal Regulations

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, as stated in 18 U.S.C. 921(b).

You are a resident of Utah for the purposes of firearms transactions only if you maintain a physical presence in Utah with the intention of living there at least part of the year (and then only during the time that you are actually living at that location). Otherwise, you are a resident of California for the purposes of firearms transactions because both your permanent duty station is located in California, and you sleep in a residence in California every night.

Nowhere in the definition, for the purposes of firearms transactions, is home of record, driver's license, carry permit, or paying taxes mentioned.

Now, an FFL in any state can sell a rifle or shotgun only to an out-of-state resident if both the laws of the state the FFL are located in and the laws of the state of residence of the buyer are both complied with. Since an FFL in another state cannot comply with California background check requirements, they can't sell rifles or shotguns to residents of California.

Can you buy a gun in Utah by showing your Utah driver's license? Sure you can. But that sale would be illegal. Also, don't forget to register your handguns with the State of California.

 

[S&W645]

Your biggest problem is the definition of state of residency in Federal law regarding firearms transactions. Click on the link and read the entire definition, including examples:
eCFR ? Code of Federal Regulations

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, as stated in 18 U.S.C. 921(b).

You are a resident of Utah for the purposes of firearms transactions only if you maintain a physical presence in Utah with the intention of living there at least part of the year (and then only during the time that you are actually living at that location). Otherwise, you are a resident of California for the purposes of firearms transactions because both your permanent duty station is located in California, and you sleep in a residence in California every night.

Nowhere in the definition, for the purposes of firearms transactions, is home of record, driver's license, carry permit, or paying taxes mentioned.

Now, an FFL in any state can sell a rifle or shotgun only to an out-of-state resident if both the laws of the state the FFL are located in and the laws of the state of residence of the buyer are both complied with. Since an FFL in another state cannot comply with California background check requirements, they can't sell rifles or shotguns to residents of California.

Can you buy a gun in Utah by showing your Utah driver's license? Sure you can. But that sale would be illegal. Also, don't forget to register your handguns with the State of California.

I would love to see CA's laws kicked to the curb because once you leave CA, it is a different state and restraint of trade. If he could legally own it in CA, he can buy it in Utah. And IF he still has an address in Utah that he lives at at least some of the time ( weekends count ) he can be a resident of both states. BATFE has put that in writing.

ATF has previously addressed the eligibility of individuals to acquire firearms who
maintain residences in more than one State. Federal regulations at 27 CFR 478.11
(definition of State of Residence), Example 2, clarify that a U.S. citizen
with homes in two
States may, during the period of time the person actually resides in a particular State,
purchase a firearm in that State.
See also
ATF Publication 5300.4 (2005), Question and
Answer B12, page 179

(B12) 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 prop-
erty in another St
ate does not qualify
the person to purchase a handgun in
that State.

BATFE has also ruled that if you live in one state and are stationed in another, you can buy in both.

(B11) 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 ac-
tive duty is a resident of the State in
which his or her permanent duty sta-
tion is located. If a member of the
Armed Forces maintains a home in
one State and the member’s perma-
nent 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.

So really, we need more info on where the OP really lives.

And from your link:

Example 2. A 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.

In this case, being active duty means nothing. He would just be a resident of both states. The troubles would come in if he were to then take the gun into CA. But as long as it was left in Utah, BATFE says he is a resident if he lives there on weekends or specific times. His licenses have to have an address on them and if that is where he stays, that is a residence.

As usual though, CA, BATFE, and Congress try to make things as difficult as possible to not " not be infringed."

The gov't also says you can't have two drivers licenses if you have a CDL but in reality, you can. Because you can have one that is only good in one state and another that is good in 49. Again, it comes down to living in both.