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Old October 19, 2013, 12:10 PM   #14
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Vanya, thanks for jumping in while I've been otherwise engaged.

Quote:
Originally Posted by speedrrracer
Frank, can you tell me a bit about the boundaries of "possession"?
I'm really not going to start speculating and addressing issues outside the scope of the OP's question.

Quote:
Originally Posted by maestro pistolero
If he is not yet a resident of CA, and is merely storing his own firearms in WY, he can legally take POSSESSION of those firearms in WY, and then transport them to California, IMO...
The problem with your analysis is that you're relying on California law to determine residence. That's not appropriate here.

For the purposes of federal firearms transfer law, one's State of residence will be determined by federal law. And for such purposes "State of Residence" will be determined as follows (27 CFR 478.11):
Quote:
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. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1.

A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.

A is a U.S. citizen and 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.

Example 3.

A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.
The OP said the the brother moved to California. That sure sounds like he moved there with the intention of making it his home, at least for a time. So for the purposes of federal firearms transfer law he became a California resident once he arrived in California.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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