Hey guys, I am new to the forum and thought this would be the best place to ask my question

 

I am a student in AZ. I have an AZ ID card and purchased 2 pistols here. I am currently 21 years old and have nothing on my record that would disqualify me from a NJ pistol permit.

 

Assuming when I'm home in the summer, I get NJ pistol permit (is it more difficult for young people?), can I then bring my 2 pistols in AZ to my house in NJ?

 

Thanks!

Are you talking about a carry permit or just to have them with you at home, and to go to the range?

 

Do you have an Arizona drivers license? In which case AZ is your home state? or do you have a NJ Drivers license and your place in NJ is your home?

Just want to have at home and go to the range. I have an Arizona ID card - pistols were bought legally through a FFL- NJ is my home state, my DL is NJ, car is registered in NJ, NJ is my home. AZ is were I go to college

Here is the problem... if you are a NJ Resident... you are not supposed to buy guns in AZ. They should of been going through your NJ FFL. So, if you got an Arizona ID, I would be assuming AZ is your home state...

 

humn, not going to give legal advice, will wait for an FFL to chime in.

I have a NJ Drivers License, and I guess when I graduate I will be living full time in NJ again. My question is, assuming I can get the permit required to own a pistol in NJ, can I somehow transfer my pistols from AZ to NJ?

Here is the problem... if you are a NJ Resident... you are not supposed to buy guns in AZ.

 

He may be considered a part year resident and buy firearms in both states.

I have a NJ Drivers License, and I guess when I graduate I will be living full time in NJ again. My question is, assuming I can get the permit required to own a pistol in NJ, can I somehow transfer my pistols from AZ to NJ?

 

There is no permit to own a pistol in NJ. If the firearms were LEGALLY purchased in Arizona, you may bring them to your home in NJ. They must not violate NJ assault ban regulations, including magazines that must contain no more than 15 rounds.

 

Do you own property in Arizona?

 

He may be considered a part year resident and buy firearms in both states.

 

Unless he's active military, he needs to own property in Arizona to qualify as an Arizona resident part time. He didn't mention buying these at an FFL[he did in Original post,my mistake].

 

I'm catching a whiff of troll i.e. Blogger with agenda.

Unless he's active military, he needs to own property in Arizona to qualify as an Arizona resident part time. He didn't mention buying these at an FFL.

 

I'm catching a whiff of troll i.e. Blogger with agenda.

 

I don't think he is any of these things, not at all. I know when I am out in AZ I stop by a Cabella's there is AMMO all over the place, you can actually touch it right there, even kids can right there like you are looking at tools at Sears. Same with lots of guns, imagine that, wow, just a little bit of what it's like outside in the Free America and not NJ.

 

Now my Folks Live in AZ most of the time, but still retain their NJ Driver's license's and Registration, Auto ins, BUT they still have an AZ ID being that they live there also. So having that, My father and Mother both can go out and buy as many hand guns as they like every day with no restriction.

 

Then if they want they could being them to NJ keep them here and use them AS LONG AS they meet NJ regulations and are not breaking NJ law.

 

I have thought about it, I can also get a AZ ID and when I am there during the 3 or 4 times a year I am out there I can buy as many as I like and take them back here to NJ with me even though I live in NJ. Yes I can show Property in AZ but I still don't think that should matter, living in a dorm your living there and if you pay a bill for something in AZ, electrictiy, water, gas etc; you can get an AZ ID.

 

 

Harry

I don't think he is any of these things, not at all. I know when I am out in AZ I stop by a Cabella's there is AMMO all over the place, you can actually touch it right there, even kids can right there like you are looking at tools at Sears. Same with lots of guns, imagine that, wow, just a little bit of what it's like outside in the Free America and not NJ.

 

 

You apparently have me confused with someone who didn't live in a free state for 28 years before coming to NJ.

 

 

Now my Folks Live in AZ most of the time, but still retain their NJ Driver's license's and Registration, Auto ins, BUT they still have an AZ ID being that they live there also. So having that, My father and Mother both can go out and buy as many hand guns as they like every day with no restriction.

 

Then if they want they could being them to NJ keep them here and use them AS LONG AS they meet NJ regulations and are not breaking NJ law.

 

I have thought about it, I can also get a AZ ID and when I am there during the 3 or 4 times a year I am out there I can buy as many as I like and take them back here to NJ with me even though I live in NJ. Yes I can show Property in AZ but I still don't think that should matter, living in a dorm your living there and if you pay a bill for something in AZ, electrictiy, water, gas etc; you can get an AZ ID.

 

 

Harry

 

Let's look at the law then?

 

http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency

Q: 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 active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent 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.

 

[18 U.S.C. 921(B), 922(a) (3), and 922(B)(3), 27 CFR 478.11]

 

 

A college student doesn't count.

 

If you go out there three times a year and buy firearms, you are committing a felony. That's the law. You are not a resident.

 

I go to Ohio all the time to visit family, I could get as many guns as I like from friends. I have not and do not do so because it would be a felony.

First off, does the OP pay in state tuition? If the answer is yes, Arizona considers him a resident and the gun purchases would be legal.

 

Let's look at what Arizona considers residency for College students?

 

http://www.ehow.com/how_2043222_establish-instate-residency-arizona-college.html

 

How to Establish In-State Residency in Arizona for College

By an eHow Contributor

 

In 2006, Arizona passed into law residency requirements for colleges. All public colleges in Arizona are required to verify citizenship, legal residency or other lawful presence status for any student trying to obtain in-state tuition or financial aid. Students unable to provide documentation will be charged non-resident tuition. Every student needs to know what steps to take to establish in-state residency in an Arizona college. Follow these steps to guide you in establishing in-state residency.

Difficulty: Moderately Challenging

Instructions

Things You'll Need:

 

 

1. Petition for a review of residency through the Residency Classification Office at your college of choice. Forms are usually available two days before the beginning of the petition period.

2. Check to see when the window for this petition opens and closes. You should be able to find this information at your local college or online.

3. Start the petition process as soon as possible. It is your responsibility to begin the process.

4. Submit your petition for reclassification before the deadline. If you do not submit your petition before the deadline, you will pay out-of-state tuition cost.

5. Meet all three of the independent requirements: one full year of living in Arizona, one full year proving your intention to make Arizona your permanent residence, and two years of financial independence (some exceptions are allowed).

6. Sign an oath stating the information you provided in your petition is accurate.

 

OP already said he has no intention of making AZ his permanent residence. I suppose if he gets in state tuition, it's only fraud and that's a lesser charge than a felony gun charge.

Here's how Arizona defines it:

 

http://www.dmv.org/az-arizona/new-to-arizona.php

 

Determining Arizona Residency

 

Because many residents in the state are really just technically seasonal inhabitants, it's important to know what legally constitutes "residency" before you start transferring all your documents. The following define you as such:

 

* You work in Arizona in an occupation that is not seasonal agricultural labor

* You have children in the Arizona school system and do not pay a nonresident tuition rate

* You own a business that has an office, base, or vehicles operating in Arizona

* You have a state license or pay the same school tuition fees as resident

* You own a business whose vehicles transport goods or passengers within the state

* You reside in Arizona seven or more months of every year

 

Students who are deemed "out-of-state" by their university and do not take more than seven hours of course work each semester are not residents, even if they are employed in the state. Similarly, military personnel based in Arizona, who are exempt under the Soldiers and Sailors Relief Act, are not considered residents of the state.

 

 

You, Harry, don't fit into any of those categories. He may on the seven months thing.

Ok, more to it than 7 months for students....

 

http://www.mohave.edu/pages/1441.asp

 

Residency Determination - A student's Arizona state residency status with the college will determine how tuition and fees are assessed.

 

Definition of Terms

 

1. "Armed Forces of the United States" means the Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the United States Public Health Service and the National Oceanographic and Atmospheric Association.

2. "Continuous attendance" means enrollment at an educational institution in the state as a full-time student, as defined by the governing body of the institution, for a normal academic year since the beginning of the period for which continuous education is claimed. Such person needs to attend summer sessions or other such intersessions beyond the normal academic year in order to maintain continuous attendance.

3. “Domicile” means a person’s true, fixed and permanent home and place of habitation. It is the place where he/she intends to remain and to which he/she expects to return when he/she leaves without intending to establish a new domicile elsewhere.

4. “Emancipated person” means a person who is neither under a legal duty of service to his parent nor entitled to the support of such parent under the laws of this state.

5. “Parent” means a person’s father or mother, or if one parent has custody, that parent, or if there is no surviving parent or the whereabouts of the parents are unknown, then a guardian of an unemancipated person if there are not circumstances indicating that such guardianship was created primarily for the purpose of conferring that status of an in-state student on such unemancipated person.

 

 

Proof of Residency

http://www.centralaz.edu/Home/Admissions/Admission-Procedures/Residency-Guidelines.htm

When a student’s residency is questioned, or when a student wishes to have his/her residency status reviewed, the following proof will be required:

 

* A complete domicile affidavit signed by the student must be filed with the Admissions and Records Office;

* Submission of evidence of the following to be used in determining a student’s domicile in Arizona:

a. Arizona income tax return

b. Arizona voter registration

c. Arizona automobile registration

d. Arizona driver’s license

e. Place of high school graduation

f. Source of financial support

g. Dependency as indicated on federal income tax return

h. Ownership of real property

i. Notarized statement from landlord or employer

j. Bank accounts

k. Other relevant information

 

Non-resident status will be assigned under the following conditions:

 

* Students who are claimed as exemptions by parents or legal guardians for federal or state income tax purposes and the parent or guardians are residents of a state other than Arizona;

* Most persons who have lived in Arizona less than one calendar year;

* Students who have not established Arizona as their permanent domicile after moving to Arizona;

* Winter visitors who have not established Arizona as their permanent domicile, even if here for more than one year, are still considered out-of-state.

If he lives in a dorm he is definitely breaking the law. Guns are not allowed on the campus of either ASU or UofA (I'm assuming he didn't travel 2500 miles to go to CC). The campus police are actually state DPS, they can and would arrest someone who has a gun on campus or in a dorm. If he lives off campus he can keep the guns legally but he probably couldn't claim to be a resident of Az since he still has a NJ license. The state of AZ is strict on who can claim to be a resident because they get a lot of out of state people coming in for college and trying to get low cost in-state tuition.

I am not breaking any laws, I live off campus...I pay rent at a room mates house. I am going to read all this information and edit my response. I also do not go to ASU or UofA. I go to ERAU, which is not a CC -it only has the top AS program and undergrad AE program in the country-

 

Anyway, yes I do live in AZ 7+months out of the year. I have the AZ ID card. Is that enough to LEGALLY transport my firearms back to NJ. I plan on staying in NJ for a year while I apply to LEO positions throughout the country. Nonetheless, I have a NJ drivers license and an AZ ID card do I still need to go through hoops of fire to bring them to NJ?

"HOOPS OF FIRE" LMAO!!!

 

Stay in Arizona...

Here's how Arizona defines it:

 

http://www.dmv.org/az-arizona/new-to-arizona.php

 

 

 

You, Harry, don't fit into any of those categories. He may on the seven months thing.

 

 

I pay the same tuition as in-state students -private university-

Like I said before I am in-state for 7+ months taking a full course load -more than 7 hours-

 

Combined with my AZ ID what do ya think?

So if he is a full time resident of AZ, can he be a resident of NJ still?

I pay the same tuition as in-state students -private university-

Like I said before I am in-state for 7+ months taking a full course load -more than 7 hours-

 

Combined with my AZ ID what do ya think?

 

If you are paying in-state tuition, Arizona considers you a resident. If you legally purchased the firearms as an Arizona resident then there is nothing for you to do. There is no registration or permitting required for ownership. Guns purchased while legally a resident of another state are perfectly legal to own in NJ with a caveat. The caveat is that you may bring these firearms to your residence in NJ assuming they do not violate any of the assault weapons statutes, including magazines that hold more than 15 rounds, handguns over 50oz(semi-automatics only I believe), short barrel rifles, automatic weapons, and whatever might be specifically named in the assault weapons statutes. I may have missed something there so it'd be easier if you simply said what the guns are. There's some other things like barrel shrouds and fore grips for pistols, most of it doesn't apply to run of the mill handguns.

So if he is a full time resident of AZ, can he be a resident of NJ still?

 

Yes.

Brian Aiken Part 2?

Yes.

 

As long as he has his own place? ie, does living with mom and dad count? Lease or mtg in your name?

 

not familiar with firearms residency, just familiar with residency for tax purposes, where your home residency is only one state, and based on total time spent there.

I own a Ruger LCP and a Glock 23

What's an "Arizona ID" card?

Let me chime in here with my personal experience having been forced to serve on state grand jury. When it comes to weapon offenses in NJ, the law assumes you guilty until proven innocent; the burden is on the defendant to prove in court that he lawfully possesses the firearms, usually through an exemption. NJ's standard of gun ownership, as per the many appellate court decisions, a "at one's own peril," unlike that of other states where it's a matter of right.

 

If you encounter police through any unforeseen circumstance, the police are likely to err on the side of caution and make an arrest (as they did with Brian Aitken). They are not going to decipher your situation to determine if it's compliant. They'll leave that decision to the county prosecutor.

 

Therefore, my recommendation is to either not come to live in NJ, or sell the firearms before you come here. All it would take is an overzealous prosecutor to decide that you were a NJ resident when you purchased handguns out of state.

So if he is a full time resident of AZ, can he be a resident of NJ still?

 

Yes

If you are paying in-state tuition, Arizona considers you a resident.

 

 

I don't want to muddy the waters any further than they already are, but I believe that test for residency - in-state vs. out-of-state tuition, would only apply if he was attending a state school, where there is a differential charged. The OP stated he is attending a private school, therefore everyone pays the same tuition, regardless of residency or lack thereof.

 

The AZ ID must carry some weight of law, or he found an FFL in AZ that had no idea what he was doing. The issue of dual residency is something else again. If he were asking could he buy a firearm in AZ, I'd err on the side of caution and say no. With it being a fait accompli, I'm not sure where that leaves him - legal quicksand, maybe?

 

Adios,

 

Pizza Bob

I don't want to muddy the waters any further than they already are, but I believe that test for residency - in-state vs. out-of-state tuition, would only apply if he was attending a state school, where there is a differential charged. The OP stated he is attending a private school, therefore everyone pays the same tuition, regardless of residency or lack thereof.

 

 

Good point.

 

Let's look at the law then?

 

http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency

 

 

A college student doesn't count.

 

If you go out there three times a year and buy firearms, you are committing a felony. That's the law. You are not a resident.

 

I go to Ohio all the time to visit family, I could get as many guns as I like from friends. I have not and do not do so because it would be a felony.

 

See page 126 here...ATF Rul 80-21

 

27 CFR 178.11: MEANING OF

TERMS

 

An out-of-State college student

may establish residence in a State

by residing and maintaining a

home in a college dormitory or in a

location off-campus during the

school term.

 

ATF Rul. 80-21

 

"State of residence" is defined by

regulation in 27 CFR 178.11 as the

State in which an individual regularly

resides or maintains a home. The

regulation also provides an example

of an individual who maintains a

home in State X and a home in State Y. The individual regularly resides in

State X except for the summer

months and in State Y for the summer

months of the year. The regulation

states that during the time the individ-

ual actually resides in State X he is a

resident of State X, and during the

time he actually resides in State Y he

is a resident of State Y.

 

Applying the above example to out-

of-State college students it is held,

that during the time the students ac-

tually reside in a college dormitory or

at an off-campus location they are

considered residents of the State

where the dormitory or off-campus

home is located. During the time out-

of-State college students actually

reside in their home State they are

considered residents of their home

State.

 

[ATFB 1980-4 25]