Idaho Can a part-time/dual resident in Idaho get a CWL and purchase firearms in Idaho?

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Another CA resident here (sorry)... My family has property in Idaho where we spend almost half the year in Harrison where I work remotely and thus file tax returns in both states. I also have a mortgage in my name in Idaho and I currently have a CA DL, but I'll be applying for an Idaho ID from an Idaho DMV.

I'm wondering if I will be able to apply for an Idaho CWL in my county and purchase firearms in Idaho. I already know that I can not import them into CA and it isn't my intention to do so. The firearms will stay in Idaho. Upon reading through various state publications on taxation, residency, state statutes regarding firearms, and ATF definition of dual residency, it looks like I can legally do this. To be safe, my intention is to consult with an attorney once I get my Idaho ID but I was hoping to hear if anyone knows of something I missed that might prevent me from doing this so I don't waste my time.

It is also my understanding that I can purchase firearms already if I present my CA DL and another document that shows evidence of my domicile in Idaho. However, the challenge has been finding an FFL that will sell to someone who is also CA resident (dual or not), which is understandable due to California's maze of firearm laws, hence the reason why I am trying to go down the route of having a set of Idaho identification (DMV ID and CWL).

Any help is appreciated and thanks in advance guys.
 
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Another CA resident here (sorry)... My family has property in Idaho where we spend almost half the year in Harrison where I work remotely and thus file tax returns in both states. I also have a mortgage in my name in Idaho and I currently have a CA DL, but I'll be applying for an Idaho ID from an Idaho DMV.

I'm wondering if I will be able to apply for an Idaho CWL in my county and purchase firearms in Idaho. I already know that I can not import them into CA and it isn't my intention to do so. The firearms will stay in Idaho. Upon reading through various state publications on taxation, residency, state statutes regarding firearms, and ATF definition of dual residency, it looks like I can legally do this. To be safe, my intention is to consult with an attorney once I get my Idaho ID but I was hoping to hear if anyone knows of something I missed that might prevent me from doing this so I don't waste my time.

It is also my understanding that I can purchase firearms already if I present my CA DL and another document that shows evidence of my domicile in Idaho. However, the challenge has been finding an FFL that will sell to someone who is also CA resident (dual or not), which is understandable due to California's maze of firearm laws, hence the reason why I am trying to go down the route of having a set of Idaho identification (DMV ID and CWL).

Any help is appreciated and thanks in advance guys.
A non-resident can get a CCW in Idaho providing they meet all the other criteria. Training, background check etc... you can apply at any sheriffs office in person.

However keep in mind Idaho is a constitutional carry state.

I would also get at least a Idaho Identification card with your Idaho address on it. Keep in mind that California doesn’t recognize anyone’s LTC though.
 
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Another CA resident here (sorry)... My family has property in Idaho where we spend almost half the year in Harrison where I work remotely and thus file tax returns in both states. I also have a mortgage in my name in Idaho and I currently have a CA DL, but I'll be applying for an Idaho ID from an Idaho DMV.

I'm wondering if I will be able to apply for an Idaho CWL in my county and purchase firearms in Idaho. I already know that I can not import them into CA and it isn't my intention to do so. The firearms will stay in Idaho. Upon reading through various state publications on taxation, residency, state statutes regarding firearms, and ATF definition of dual residency, it looks like I can legally do this. To be safe, my intention is to consult with an attorney once I get my Idaho ID but I was hoping to hear if anyone knows of something I missed that might prevent me from doing this so I don't waste my time.

It is also my understanding that I can purchase firearms already if I present my CA DL and another document that shows evidence of my domicile in Idaho. However, the challenge has been finding an FFL that will sell to someone who is also CA resident (dual or not), which is understandable due to California's maze of firearm laws, hence the reason why I am trying to go down the route of having a set of Idaho identification (DMV ID and CWL).

Any help is appreciated and thanks in advance guys.
You are misusing the term domicile, which is not the same as residence or residency. From your post you will only be domiciled in CA, even when residing in ID. What does an ID CCW have to do with purchasing firearms? If you are looking to get an Enhanced Idaho permit you will need a CA CCW permit to qualify.
 
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You are misusing the term domicile, which is not the same as residence or residency. From your post you will only be domiciled in CA, even when residing in ID. What does an ID CCW have to do with purchasing firearms? If you are looking to get an Enhanced Idaho permit you will need a CA CCW permit to qualify.
He won’t have to have a CA CCW to qualify for an Idaho Enhanced. I am from Texas and I qualified before I even had my Texas license. The only problem is that in Idaho you have to apply in person at a Sheriffs department. You can’t do it through The mail or online.
 
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He won’t have to have a CA CCW to qualify for an Idaho Enhanced. I am from Texas and I qualified before I even had my Texas license. The only problem is that in Idaho you have to apply in person at a Sheriffs department. You can’t do it through The mail or online.
Have you read Idaho law? It says in part; in section 18-3302K ... "(4) The sheriff must deny an enhanced license to carry a concealed weapon if the applicant is disqualified under any of the criteria listed in section 18-3302(11), Idaho Code, or does not meet all of the following qualifications:

(a) Is over the age of twenty-one (21) years;

(b) Has been a legal resident of the state of Idaho for at least six (6) consecutive months before filing an application under this section or holds a current license or permit to carry concealed weapons issued by his state of residence; and ..." The Kootenai County sheriff specifically wanted to see my CA CCW when a applied for an Enhanced Idaho Permit. Once I became an Idaho resident, they just changed my address without making me wait 6 months.
You are correct that you have to apply in person. In fact, you have to appear twice. Once to apply and be finger printed and a second time to have your picture taken.
 
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(b) Has been a legal resident of the state of Idaho for at least six (6) consecutive months before filing an application under this section or holds a current license or permit to carry concealed weapons issued by his state of residence
Due to that "or", satisfying either of those things is enough to fulfill the requirements of section (b), so what texasgrillchef said is accurate: he won’t have to have a CA CCW to qualify for the enhanced permit. Residing in ID for six months plus one day obviates the need for one.

There's also a requirement to complete a "qualifying handgun course" beforehand, for what it's worth, which must be done in ID.
 

huzar

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It is possible to be a resident of two states at the same time for tax purposes (Can You Be a Resident of Two States at the Same Time? | RapidTax) maybe it would be possible to have an ID-issued state ID and purchase firearms in ID instead of dealing with the ever-increasing circus that is WA. Interestingly, the ATF does seem to think that the Gun Control Act can allow for being a resident in two different states, at least when it comes to active military (What constitutes residency in a state? | Bureau of Alcohol, Tobacco, Firearms and Explosives), so maybe there are other scenarios?
 
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Due to that "or", satisfying either of those things is enough to fulfill the requirements of section (b), so what texasgrillchef said is accurate: he won’t have to have a CA CCW to qualify for the enhanced permit. Residing in ID for six months plus one day obviates the need for one.

There's also a requirement to complete a "qualifying handgun course" beforehand, for what it's worth, which must be done in ID.
But that is not what the OP asked. His plan was to keep his CA DL showing that his domicile would remain in CA. Thus, he never proposed becoming a legal resident of Idaho. And he specifically stated that his stay in ID would be less than that 6 months (almost half the year). Thus, under the scenario proposed by the OP he will need a CA CCW in order to get an Enhanced ID permit. Furthermore, I doubt that Idaho DMV would issue him an Idaho ID, without a declaration that he was a new Idaho resident, which would trigger the requirement that he get an Idaho DL within 90 days. While his stay in Idaho may satisfy the federal (ATF) residency requirements, it does not mean that it will also satisfy Idaho's requirements to get an Enhanced ID Permit.
 
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Due to that "or", satisfying either of those things is enough to fulfill the requirements of section (b), so what texasgrillchef said is accurate: he won’t have to have a CA CCW to qualify for the enhanced permit. Residing in ID for six months plus one day obviates the need for one.

There's also a requirement to complete a "qualifying handgun course" beforehand, for what it's worth, which must be done in ID.
I actually talked to a sheriff of Idaho he would have counted my NRA basic pistol course I took here in Dallas, provided that I also took a class their that included Idaho law. I would still have to come to Idaho to officially apply, fingerprinted, and a photo.
 
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It is possible to be a resident of two states at the same time for tax purposes (Can You Be a Resident of Two States at the Same Time? | RapidTax) maybe it would be possible to have an ID-issued state ID and purchase firearms in ID instead of dealing with the ever-increasing circus that is WA. Interestingly, the ATF does seem to think that the Gun Control Act can allow for being a resident in two different states, at least when it comes to active military (What constitutes residency in a state? | Bureau of Alcohol, Tobacco, Firearms and Explosives), so maybe there are other scenarios?
You can legally be a resident of one or more states

I own real estate property in Texas, Oklahoma and Utah. I could file and get a resident permit from Utah and Oklahoma. But by doing so it opens me up to having to pay Utah, and Oklahoma income taxes. Texas does not have a state income tax. I have no desire to pay income tax in two other states. Therefore I do not have a resident LTC from Utah or Oklahoma. Luckily, Utah allows one to get a non-resident LTC. So I have a non-resident Utah LTC. Oklahoma though doesn’t allow non-resident LTC’s unless your active duty military, or federal law enforcement stationed in Oklahoma. Paying thousands (through Oklahoma state income tax) is not worth having a Oklahoma LTC. My Oklahoma real estate is filed as vacation property, thus I am not a resident and don’t have to pay state income tax.

So for anyone considering trying to obtain resident LTC/CCW’s will open you up to the possibility of having to pay state income tax in those states.
 
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But that is not what the OP asked. His plan was to keep his CA DL showing that his domicile would remain in CA. Thus, he never proposed becomming a legal resident of Idaho. And he specifically stated that his stay in ID would be less than that 6 months (almost half the year). Thus, under the scenario proposed by the OP he will need a CA CCW in order to get an Enhanced ID permit. Furthermore, I doubt that Idaho DMV would issue him an Idaho ID, without a declaration that he was a new Idaho resident, which would trigger the requirement that he get an Idaho DL within 90 days. While his stay in Idaho may satisfy the federal (ATF) residency requirements, it does not mean that it will also satisfy Idaho's requirements to get an Enhanced ID Permit.
The OP is on the fine line. Splitting hairs almost. The legality of which could be argued in either direction.One could obtain an Idaho ID card, providing they have an Idaho address. Getting that actually starts the 6 month clock. Otherwise other “evidence” has to used. such as back account, utility bills, mortgage, real estate deed, lease agreement, employment pay stubs.

However, if the OP is not staying 6 months and is never returning. Then it’s pointless to get a Idaho CCW enhanced or not. Idaho if I am not mistake will recognize a CA CCW.

If he needs a LTC/CCW for reciprocity with Idaho or many other states and does NOT have CA CCW, then I would recommend he obtain a Arizona, and Utah Non-resident LTC. Which can easily be acquired. Once he has those, he will have reciprocity in many other states. Some other states where he could get a non-resident LTC easily are, Florida, NH, Maine, Texas, VA, & NV just to name a few.
 
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The OP is on the fine line. Splitting hairs almost. The legality of which could be argued in either direction.One could obtain an Idaho ID card, providing they have an Idaho address. Getting that actually starts the 6 month clock. Otherwise other “evidence” has to used. such as back account, utility bills, mortgage, real estate deed, lease agreement, employment pay stubs.

However, if the OP is not staying 6 months and is never returning. Then it’s pointless to get a Idaho CCW enhanced or not. Idaho if I am not mistake will recognize a CA CCW.

If he needs a LTC/CCW for reciprocity with Idaho or many other states and does NOT have CA CCW, then I would recommend he obtain a Arizona, and Utah Non-resident LTC. Which can easily be acquired. Once he has those, he will have reciprocity in many other states. Some other states where he could get a non-resident LTC easily are, Florida, NH, Maine, Texas, VA, & NV just to name a few.
Idaho recognizes permits from all other states. But this is somewhat of a moot point because one does not need a permit to carry in Idaho.
 

mkwerx

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Good luck buying from an FFL with an out of state license + docs proving residency. Since moving from OR to TX, I've asked around - none are willing to sell a firearm without government issued ID with my current address on it - IE Passport, license to carry, or ID card / DL - I don't qualify for a fast-tracked passport, and I can't get my Texas license to carry until I get my Texas DL - which won't be till December 11 :( I'm missing out on all the stupid panic-prices :s0108:

I could buy in face to face transactions, but like pre-UBC Oregon, most sellers / traders want to see a CHL (called LTC here) and / or state ID. Don't blame them, those were my criteria in Oregon before UBC. My home title deed showing the address and ownership doesn't mean squat to the FFL's here, nor do my utility bills. :(

Hopefully you have more success getting an FFL to sell to you there without Idaho ID!
 
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But that is not what the OP asked.
  • k145: "I'm wondering if I will be able to apply for an Idaho CWL in my county and purchase firearms in Idaho."
  • You: "If you are looking to get an Enhanced Idaho permit you will need a CA CCW permit to qualify."
  • texasgrillchef: "He won’t have to have a CA CCW to qualify for an Idaho Enhanced."
I was just pointing out that what texasgrillchef said is accurate, per the law you quoted, that's all. k145 may find it useful to know that he has the option of staying in ID for just a little longer in order to avoid needing that CA CCW.
 
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  • k145: "I'm wondering if I will be able to apply for an Idaho CWL in my county and purchase firearms in Idaho."
  • You: "If you are looking to get an Enhanced Idaho permit you will need a CA CCW permit to qualify."
  • texasgrillchef: "He won’t have to have a CA CCW to qualify for an Idaho Enhanced."
I was just pointing out that what texasgrillchef said is accurate, per the law you quoted, that's all. k145 may find it useful to know that he has the option of staying in ID for just a little longer in order to avoid needing that CA CCW.
Thank you for your reply. This is a discussion, not an argument. We are here to help each other. It looks like the OP lives in Orange County, which is one of the CA counties where he can get a CA CCW. My point is that he should do so, if he is looking to get an Idaho Enhanced permit. (It would eliminate the need to become an Idaho domicilary and reside here for 6mos+.)
Because he can carry in Idaho without a permit from any state, I assumed that his desire to obtain an Idaho permit was based on an assumption that it would assist him in purchasing firearms in Idaho. The only thing an Enhanced Idaho permit does with respect to purchasing firearms in Idaho is that it substitutes for the NICS background check. It does not alter any of the other requirements. While it appears that he will meet the federal (ATF) residency requirements to purchase firearms while living in Idaho, I do not know Idaho FFLs will act. From what I understand, they should accept proof that he is residing in Idaho, but that decision is theirs, not mine.
 

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