Transporting an ar-15 upper

[usmcspires6803]

Good morning everybody,
So I have a question mainly for any lawyers or law enforcement officers, if you dont mind but any information is a great help from everyone. I am currently on active duty on orders in the state of California but I am a resident of Oregon ( GO DUCKS! ) and I am really wanting to buy an AR-15 when I go back to Oregon. Now, for everyone to note I am not a criminal so thats why I am asking this just so I dont screw my self but if I do buy an AR-15, can I transport the upper reciever only from Oregon to California without getting arrested? The other one is if I have the bullet button put on the lower, can I then bring that down at a later time? Again, I will not break any laws nor do I plan on trying anything that will put me in cuffs, I just want to cover my six before doing anything so I can with confidence and truth say I am not breaking any laws. Thank you for your time ladies and gentlemen and I hope you all have a great day and week. P.S. Congrats to those that live in Illinois, it was a long fight but a good one and thank you for all of those that care as much about OUR Constitution as I do.

 

[BSOM]

GO BRONCOS! and BEAVS!

 

[gunnerbob]

The upper is NOT considered a firearm, the lower IS... this should help you sort through the laws.

 

[maine04619]

The fact that this question even has to asked makes me want to cry..

 

[NavyLCDR]

Good morning everybody,
So I have a question mainly for any lawyers or law enforcement officers, if you dont mind but any information is a great help from everyone. I am currently on active duty on orders in the state of California but I am a resident of Oregon ( GO DUCKS! )

You might want to look at the Federal definition of state of residency in Federal law and regulations regarding firearms transactions:

27 CFR (Code of Federal Regulations) 478.11:
eCFR ? Code of Federal Regulations

§ 478.11 Meaning of terms.

When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section. Words in the plural form shall include the singular, and vice versa, and words importing the masculine gender shall include the feminine. The terms “includes” and “including” do not exclude other things not enumerated which are in the same general class or are otherwise within the scope thereof.

Act. 18 U.S.C. Chapter 44.

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).

Your state of residence for the purposes of firearms transactions is where you sleep every night as your CURRENT home, and for active duty military members, where your permanent duty station is located. Does Oregon meet either one of those definitions for you? Nowhere in that definition is driver's license, vehicle registration, voter registration, paying taxes, or military home of record mentioned because those have no bearing on state of residence for the purposes of firearms transactions at the Federal law level.

 

[wolf_fire]

Good morning everybody,
So I have a question mainly for any lawyers or law enforcement officers, if you dont mind but any information is a great help from everyone. I am currently on active duty on orders in the state of California but I am a resident of Oregon ( GO DUCKS! ) and I am really wanting to buy an AR-15 when I go back to Oregon. Now, for everyone to note I am not a criminal so thats why I am asking this just so I dont screw my self but if I do buy an AR-15, can I transport the upper reciever only from Oregon to California without getting arrested? The other one is if I have the bullet button put on the lower, can I then bring that down at a later time? Again, I will not break any laws nor do I plan on trying anything that will put me in cuffs, I just want to cover my six before doing anything so I can with confidence and truth say I am not breaking any laws. Thank you for your time ladies and gentlemen and I hope you all have a great day and week. P.S. Congrats to those that live in Illinois, it was a long fight but a good one and thank you for all of those that care as much about OUR Constitution as I do.

Just like you have been trained to read the UCMJ, I would suggest reading the laws in CA about your particular situation. Then, if you are still not sure, I would consult with an attorney. However, concerning transporting an upper anywhere *shakes head* it's just a piece of metal and doesn't constitute a firearm. The lower is the "firearm" part of the assembly.

Since CA does require a device to remove the magazine (such as the bullet button release) then it would seem that as long as you kept it locked in your trunk during transit then you would be fine. I would consult the Federal Insterstate of Transportation of Firearms code since the lower is the "firearm" part of the assembly. I believe it is USC 18.

 

[usmcspires6803]

(a) RESIDENCE OR DOMICILE- A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders. Servicemembers Civil Relief Act Section 511.
Now with that, I contacted local law enforcement officers and asked if I can legally bring the upper of an AR-15 and they said that I can. It is only illegal if I bring the lower without the mods (bullet button) or if the upper has a barrel less than 16 inches.

 

[NavyLCDR]

(a) RESIDENCE OR DOMICILE- A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders. Servicemembers Civil Relief Act Section 511.
Now with that, I contacted local law enforcement officers and asked if I can legally bring the upper of an AR-15 and they said that I can. It is only illegal if I bring the lower without the mods (bullet button) or if the upper has a barrel less than 16 inches.

Can I ask what relevance the bold portion posted has to firearms purchasing/possession laws? I don't see anything related to taxation in the firearms laws that define state of residency (18 USC 921 and 27 CFR 478.11, see post #5) and I don't see anything related to firearms in the Servicemembers Civil Relief Act Section 511.

 

[usmcspires6803]

The purpose of that was to show that I can keep my state residency of Oregon until I retire from the USMC. Now if u don't have actual advice than move on thanks

 

[NavyLCDR]

The purpose of that was to show that I can keep my state residency of Oregon until I retire from the USMC. Now if u don't have actual advice than move on thanks

Just putting out factual information so people can make informed decisions. You seem pretty defensive for a person with only 17 posts on this forum. You stated in the OP, "I am currently on active duty on orders in the state of California but I am a resident of Oregon ( GO DUCKS! ) and I am really wanting to buy an AR-15 when I go back to Oregon. Now, for everyone to note I am not a criminal so thats why I am asking this just so I dont screw my self"

Because you are active duty in the military with permanent orders to California, there may be certain firearms transactions that are restricted to residents only at the Federal level that could be illegal for you to conduct in Oregon if you are not physically present in Oregon with the intention of making a home there - regardless of where you pay taxes, have a driver's license from, or is your military home of record. My home of record has been Wyoming since 1988, I have had a Wyoming Driver's license for over 30 years. I don't pay state taxes anywhere because Wyoming is my home of record state. I could legally vote in Wyoming if I chose to. But it would be and has been illegal at the Federal level for me to conduct most firearms purchases/sales/gifts of firearms in Wyoming because I have not had orders to Wyoming, nor have I been present in Wyoming with the intention of making a home there since 1988. I can sell/deliver firearms to an FFL in Wyoming, and I can receive rifles and shotguns only from an FFL in Wyoming and only if that rifle or shotgun is legal for me to possess and purchase in my state of residence. All other permanent firearms transactions would be illegal for me in Wyoming. The definition of residency is different for different purposes.

An AR-15 upper only is no problem because that isn't a firearm. HOWEVER, if you don't meet the Federal definition of residency for Oregon but you do for California, the AR-15 lower that you purchase from an Oregon FFL would have to be legal for you to purchase and possess in California, regardless of whether or not you take that AR-15 lower back to California with you [that is in 18 USC 922 (b)(3)] and by the same law all the requirements for a California sale would also have to be met, including the California DROS check that an Oregon FFL would not be able to perform. If you present an Oregon driver's license to the FFL and list Oregon as your state of residence on the Form 4473, but do not meet the Federal definition of residency specifically for firearms transactions, then you have committed a seperate Federal felony which is 18 USC 922(a)(6).

But, hey, just like a teenager - at 17 (posts in your case, instead of years) you know more than us with 30 years more experience....

 

[usmcspires6803]

Good morning everyone. I would like to say thank you for all of your help and advice especially (NavyLCDR). Just so you know sir, Never did I say I know more than anyone else as you stated, I posted that information on there not sure if any of that information wouldve helped in my original post. With that, I did some extra digging and the math and I decided that it would be less difficult just buying an AR-15 in California. The only thing that sucks buying it here is that damn 8.5 percent sales tax but its only $64 so I think I would rather pay that then take the risks or lack of information with the federal penal code pertaining to firearms. Again, thank you for all of your time and information helping me decide a good avenue of approch with this and to NavyLCDR I apologize if I came off as a smart ass or quick to judgement. Thank you sir for the information needed for making the right and safe choice for buying an AR-15. I cant wait to get it and go to a range. Have a great day.

 

[NavyLCDR]

I too apologize, usmcspires6803, for ASSuming that you were being a smart ass. You are certainly a very honorable person and Marine and a great patriot to us all.

Something else that you might find helpful for making purchases from FFLs while on active duty is pages 135-136 (printed page numbers) of this document:
http://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf

The last paragraph of ATF Rule 2001-5 sums it up that the only identification you need to meet Federal law requirements is your active duty military ID card and a copy of your orders to the state you are purchasing in. States may have their own additional requirements, though.

 

[usmcspires6803]

usmcspires6803

Good evening sir,
Thought I would send a message directly to you to say thank you very much for the message earlier and all of the information. That last part is actually how I've been able to buy guns in California but still keeping my Oregon residency. But anyways I hope we can exchange more information back and forth and I hope to gain the knowledge about the laws as you have. Thank you again sir. Have a good night.