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View Full Version : Legal method to buy pistol in two (or more) states (AZ)



AC7880
12-04-2012, 08:44 PM
A little background:

My wife and I are full time RV travelers, so our motorhome is our residence no matter what state we are in. Our legal domicile is South Dakota, with vehicle registrations, drivers license, voter registration, and mail forwarding service based in SD.

This is our second winter in AZ (5 months last year, at least 5 months but less than 7 months this year). We are also on a waiting list to buy into a RV co-op in AZ (intent to establish permanent part time residence).

AZ makes a AZ photo ID available to snowbirds who reside part of the year in AZ, and allows person(s) to keep driver license from another state.

A AZ FFL gunshop say they can legally sell me a pistol once I have AZ ID card. The military exchange sells firearms. They say they can legally sell me a pistol once I have AZ ID, and by presenting my military retired ID card. I also have a non resident FL CCW (reciprocal in 41 states including AZ), but that is not required to purchase here in AZ.

From ATF website:

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. ......

Q: 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 property in another State does not qualify the person to purchase a handgun in that State.
[27 CFR 478.11]

I went to the DMV in Tucson today with all documents I thought I needed to get the AZ ID. Due to homeland security rules, I should have brought my passport or birth certificate with me but did not. Actually by reading DMV rules my military retired ID would likely have sufficed had I asked the right question.

Bottom line: by Tuesday next week I will have a AZ ID and be legal to buy a handgun when I am present in AZ, and still legal to buy a handgun in SD when I am in SD.

Many many snowbirds and full time RVers live in 2 or more states, and they ARE legal from federal ATF perspective to buy in 2 or more states depending upon intent to establish residency (different from legal domicle) In other words, you can have numerous legal residence states, but only one legal domicile (voting, DL, etc).

On top of meeting federal requirements, persons must also comply with AZ law to purchase a handgun -- only the photo id needs to be aquired to do so.

Note: I researched many websites and more of the ATF rules to arrive at this conclusion, plus verified with two AZ FFL sellers.

Davis Monthan AFB military exchange has a new in box Kahr P9 all black for $660, no tax. Military Exchange at Ft Huachuca has a new in box Kahr CM9, but I can't recall the price as I looked at it before learning a legal method to buy in AZ. Both exchanges also have a P380 in stock.

DeaconKC
12-05-2012, 04:42 PM
You could also get a Curio & Relic license for older firearms, which allows you to purchase qualifying firearms anywhere.

TucsonMTB
12-05-2012, 05:15 PM
Sounds like you have the situation well under control. Congratulations!

Based on regular pricing, I believe you should be able to get the CM9 for around $400, making in a better bargain. It's enough smaller to make pocket carry practical.

But, if you do NOT plan to pocket carry and therefore would be happy with a slightly larger pistol, the P9 would be more fun to shoot.

Best of luck . . . let us know how it goes, please. :)

AC7880
12-05-2012, 05:59 PM
Edit: I created a new thread with the post I had here about deciding which 9mm to buy: http://kahrtalk.com/showthread.php?p=202427#post202427 To avoid a dup post I am deleting this one.

TucsonMTB, the CM9 is $403 - I called them today.



Sounds like you have the situation well under control. Congratulations!

Based on regular pricing, I believe you should be able to get the CM9 for around $400, making in a better bargain. It's enough smaller to make pocket carry practical.

But, if you do NOT plan to pocket carry and therefore would be happy with a slightly larger pistol, the P9 would be more fun to shoot.

Best of luck . . . let us know how it goes, please. :)

AIRret
12-05-2012, 06:02 PM
Great information. We know some full timers and will share the information with them.

AC7880
12-06-2012, 01:47 PM
I now have the AZ id - never expires, fee was $12. Passport plus one more photo ID, or Birth Certicate with one more photo id is what is needed.

AC7880
12-10-2012, 08:12 PM
One more thing I learned. When I did the process for the AZ ID I had a choice of using my AZ physical address or my AZ PO Box address on the ID. I chose the physical address.

Where I bought my CM9 today, the AZ ID with physical adress was sufficient. If I had used the PO Box address on the ID, I would not have been able to buy until I produced some form of government documentation with the AZ physical address - like vehicle registration, VA ID card, etc.