Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

Dual Resident ID ???

Discussion in 'Legal & Political Archive' started by Gatesbox, Apr 15, 2012.

  1. Gatesbox

    Gatesbox San Carlos/Bend New Member

    Messages:
    5
    Likes Received:
    0
    Ok, first off, I am not asking these questions because I want to find a "loophole" to import certain firearms into CA. I am asking because I would like to purchase and keep some CA "evil" firearms at my home in OR....

    1. I own a property in OR that is my residence for a portion of the year (a portion may be rented out or lent to friends and family when we are not there). My wife and children live at this home more than I do...

    2. I have a vehicle on the property registered and licensed via the OR DMV. But I pay resident income taxes and have an DL from CA. I feel that I comply for residency requirements for firearms but not for obtaining an ODL.

    3. I think it would be misleading to apply for an OR license because I do not live there 6 mos of the year.

    4. By OR law I am allowed to purchase firearms in OR while "residing" there even if temporarily. Please note the actual law as it pertains to ID quoted below.... This is the OR code not just an opinion....


    5. I have one of these:

    Passport_card.jpg

    Applicable Oregon law regarding Identification:

    Using my passport ID would qualify as photo ID, would not show my address, but would show that I was born in "Portland, OR" asside from being a atypical form of ID it should not raise any, "hey this guy is from CA" flags. I could use my DMV registration, checkbook, utility bills from an OR residence as additional identification and proof of address.

    What do you think, I know I could do private sales in OR face to face, but do you think this would fly with an OR FFL?
     
  2. Schwabdl

    Schwabdl Hillsboro Active Member

    Messages:
    520
    Likes Received:
    98
    I think you answered your own question

    If the identification presented by the purchaser under paragraph (a) of this subsection does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser. The Superintendent of State Police may specify by rule the type of identification that may be presented under this paragraph.
     
  3. Gatesbox

    Gatesbox San Carlos/Bend New Member

    Messages:
    5
    Likes Received:
    0
    That is the part I am uncertain of... Will my DMV registration etc qualify? Trying to see if anyone actually knows what qualifies as supporting identification for the purpose of evidencing address. And, it seems from my searching that there is a common mis-perception of no ODL no gun....
     
  4. pokerace

    pokerace Newberg Well-Known Member

    Messages:
    2,293
    Likes Received:
    753
    I know you have to have 6 MONTHS OR residence to get a fishing /hunting licence and I think it applies to purchase of guns..(I'll look it up sometime)
     
  5. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

    Messages:
    5,774
    Likes Received:
    4,952
    I think you best seak out something well past internet laywers on this. To the best of my knowledge you can only be the resident of ONE state at a time. You can also only hold ONE drivers license at a time.

    Only except to this I know of is the guys and gals in the military. My son who's home of record and drivers license is Oregon can buy a firearm in CA with a copy of his Military orders in hand. As well as purchase while at home. This was verified with a call to ATF in Seattle as well as DC.
     
  6. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

    Messages:
    543
    Likes Received:
    289
    You can get an Oregon Driver's license as soon as you move to Oregon. You do not have to wait 6 months. I moved to Oregon in February of 1980 and had my Oregon Driver's license by March of 1980.

    Move to Oregon, get your DL. Then move back to CA. Do this as often as you want.
     
  7. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    How about getting Oregon ID instead of DL ?

    DMV issues non-driver ID cards to people of all ages who are a resident of or domiciled in Oregon and do not already have a valid Oregon ID Card or a current valid driver license or instruction permit from Oregon or any other jurisdiction. ID cards are for identification purposes only.


    To be domiciled in Oregon, a person's primary home is in Oregon and the person intends to remain in Oregon or, if absent, to return. If a person's home has never been in Oregon, they cannot be domiciled.

    Note: Simply owning property in Oregon doesn't necessarily mean that you are domiciled in Oregon.



    Oregon DMV Oregon Residency & Domicile


    ATF seems to agree that you can supplement one document with another. That's for the federal requirements.

    Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements of the Brady Act. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of the transferee may be supplemented by another valid, government-issued document showing the transferee's residence address. 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, and may satisfy the identification document requirement by presenting his or her military identification card along with official orders showing that his or her permanent duty station is within the State where the licensed premises are located.

    http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2001-5.html
     
  8. fd15k

    fd15k Tigard,OR Well-Known Member

    Messages:
    2,440
    Likes Received:
    491
    How about getting Oregon ID instead of DL ?

    DMV issues non-driver ID cards to people of all ages who are a resident of or domiciled in Oregon and do not already have a valid Oregon ID Card or a current valid driver license or instruction permit from Oregon or any other jurisdiction. ID cards are for identification purposes only.


    To be domiciled in Oregon, a person's primary home is in Oregon and the person intends to remain in Oregon or, if absent, to return. If a person's home has never been in Oregon, they cannot be domiciled.

    Note: Simply owning property in Oregon doesn't necessarily mean that you are domiciled in Oregon.



    Oregon DMV Oregon Residency & Domicile




    ATF seems to agree that you can supplement one document with another. That's for the federal requirements.

    Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements of the Brady Act. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of the transferee may be supplemented by another valid, government-issued document showing the transferee's residence address. 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, and may satisfy the identification document requirement by presenting his or her military identification card along with official orders showing that his or her permanent duty station is within the State where the licensed premises are located.

    http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2001-5.html


    Based on the ATF ruling above, only DMV registration would qualify.
     
  9. deen_ad

    deen_ad Vancouver, WA Well-Known Member

    Messages:
    5,089
    Likes Received:
    1,310
    That's my understanding of it too.