Purchasing an AR in Oregon with a CA Drivers License

[ahicks3]

Hey guys,
Im sure this has been asked before, but right now I am living in Oregon, have a permanent address, bills, and am paying income tax here, but I still have my CA drivers license. Would I be able to purchase a non-CA Compliant rifle here or would I have to get my ODL first? Thanks!

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[Mark W.]

You need an Oregon drivers license if you live in Oregon PERIOD.

You must notify DMV of an address change within 30 days. This includes moving into the state.

 

[misplacedtexan]

On the gun note, I doubt any firearms retailer would sell a gun to a person with a CA DL simply because of the overly restrictive laws that they have no need to track compliance with.

Other than the FFL being unwilling for fear of breaking a CA (maybe federal) law, then there is nothing baring them from selling long guns to out of state DL's in Oregon.

 

[civilian75]

^^^^^ What the two guys before me said.

 

[Doc In UPlace]

but I still have my CA drivers license

Why?

 

[duane black]

Why?

Exactly. The first thing I wanted to do was incinerate mine while giggling like a 6 year old on Christmas morning.

 

[misplacedtexan]

I still have my Texas License and plates, still own a residence there, pay property taxes, and visit *shrug*

 

[The B]

I'm pretty sure the requirement is just "government issued ID," but each shop will have their own policy. I would just ask whatever shop you're interested in buying from.

 

[misplacedtexan]

While FFL's are prohibited from selling handguns to out of state customers, they can sell any long-gun to out of state customers. (I'm too lazy to dig the CFR ### up)

While a CA DL will technically allow you to buy any long gun on the shelf today, many FFL's will refuse simply on the fact that it is a California license, and you are a 'resident' of said state. California's restrictive, convoluted laws make it difficult for out-of-state- FFL's to act within the law, and they simply avoid dealing with California 'residents' all together.

 

[Brutus57]

Perhaps they'd accept an Obamacare card?????

Brutus Out

 

[fd15k]

Holy cow how much FUD in this thread.

First of all, any eligible person from any state can purchase any firearm in any other state. Question is whether they can take possession of that firearm, or if such firearm has to be shipped to an FFL in their state of residence where they will take possession of it. That is a bit off track though.

Now to OP's the question. As long as you claim your residence in Oregon, and have proof of your residence address in Oregon, you should be able to purchase any firearm of your liking. That is based on the reading of the federal and state laws. Here are some citations :

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]

https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#state-residency

Common examples of acceptable identification
documents are a valid driver's license or a valid State
identification card issued in lieu of a driver's license.
Social security cards are not acceptable because they
do not contain a residence address, date of birth, or
photograph. However, a firearms buyer may be identified
by any combination of documents which together
contain all of the required information (as long as all the
documents are Government issued): name, residence
address, photograph, and date of birth.

<broken link removed>

(4)(a) Identification required of the purchaser under subsection (2) of this section shall include one piece of current identification bearing a photograph and the date of birth of the purchaser that:

(A) Is issued under the authority of the United States Government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and

(B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.

(b) 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.

<broken link removed>

Now it doesn't mean the FFL will out right comply with the law, as they may not be aware of these caveats. Either have them call ATF and/or OSP, or simply get Oregon ID (where ID is not the same as DL) with your Oregon address on it.

 

[BAMCIS]

You need an Oregon drivers license if you live in Oregon PERIOD.

You must notify DMV of an address change within 30 days. This includes moving into the state.

Not true! You have obtain an Oregon driver's license as soon as RESIDENCY is established. There is no "grace" period. However, if stopped, most cops are under the same "30 days" impression and are relatively lenient.

However, there is the "30 day" window for an simple address change. That is simply moving from an address in Oregon to another address in Oregon.

Bottom line: Just get an Oregon driver's license and don't worry about it.

 

[fd15k]

Not true! You have obtain an Oregon driver's license as soon as RESIDENCY is established. There is no "grace" period. However, if stopped, most cops are under the same "30 days" impression and are relatively lenient.

However, there is the "30 day" window for an simple address change. That is simply moving from an address in Oregon to another address in Oregon.

Bottom line: Just get an Oregon driver's license and don't worry about it.

That is likely not the case. Oregon vehicle code establishes penalties for operating a vehicle by a person who has been a a resident of this state for more than 30 days, but does not possess a valid OR DL. There is also a penalty for operating a vehicle that has not been properly titled/registered in Oregon after 30 days of residency. My reading is that as long as a person does not do any of the two, they are under no obligation to obtain OR DL.

 

[misplacedtexan]

delete

 

[BAMCIS]

That is likely not the case. Oregon vehicle code establishes penalties for operating a vehicle by a person who has been a a resident of this state for more than 30 days, but does not possess a valid OR DL. There is also a penalty for operating a vehicle that has not been properly titled/registered in Oregon after 30 days of residency. My reading is that as long as a person does not do any of the two, they are under no obligation to obtain OR DL.

I was going by memory, however this piqued my curiosity. Since I know google is my friend, I found ORS 806.305 and ORS 807.020. I now stand corrected. Thanks.

However, I still stand by in what I said about just getting an Oregon driver's license and not worry about it.

 

[Certaindeaf]

Screw the AR.. get a concealed handgun license and carry like a normal person.

 

[1337BaldEagle]

You need an Oregon drivers license if you live in Oregon PERIOD.

You must notify DMV of an address change within 30 days. This includes moving into the state.

"Must" is kind of a strong term. Yes, technically your supposed to however they have no way of tracking how long you have been in a particular place. If you are non compliant they tack on a fee. Again a fee that can easily be lied out of. The term "must" is rather deceptive. Just FYI.

Eagle

 

[Mark W.]

"Must" is kind of a strong term. Yes, technically your supposed to however they have no way of tracking how long you have been in a particular place. If you are non compliant they tack on a fee. Again a fee that can easily be lied out of. The term "must" is rather deceptive. Just FYI.

Eagle

Oh sorry some of us try to be honest and I was quoting the DMV web site.

 

[fd15k]

Oh sorry some of us try to be honest and I was quoting the DMV web site.

As was stated earlier, those requirements seem to apply only if one wishes to operate a motor vehicle. I believe here is where the 30 day thingy in regards to the DL coming from :

807.020 Exemptions from requirement
to have Oregon license or permit.
A per-
son who is granted a driving privilege by this
section
may
exercise the driving privilege
described without violation
of the require-
ments under ORS 807.010.
A grant
of
driving
privileges to operate a motor vehicle under
this section is subject to
suspension and re-
vocation the same as other driving privileges
granted under the vehicle c
ode. This section
is in addition to any exemptions from the
vehicle code under ORS 801.026. The follow-
ing persons are granted the described driving
privileges:
(1) A person who is not a resident of this
state or who has been a resident of this state
for less than 30 days may operate a motor
vehicle without an Oregon
license or
driver
permit if the person holds a current out-of-
state license issued to the person.
For the
purpose of this subsection, a
person is a res-
ident of this state if the person meets the
residency
requirements described in ORS
807.062.......

So if a person is not in compliance, they are guilty of 807.010 - Operating vehicle without
driving privileges or in violation of license restrictions, which is a Class B traffic violation. Otherwise I don't see a law that requires for one to get their DL replaced within 30 days. Perhaps somebody else will be able to find it.

And here is the second portion of it, regarding the change of address. It uses a different language, and is more interesting :

807.420 Failure to
notify department
on change of name or address; rules;
penalty.
(1) A person to whom an identifica-
tion card is issued und
er ORS
807.400
com-
mits the offense of failure to notify the
Department of Transportation on change of
identification card holder name or address if
the person does not notify the department in
a manner authorized by the department by
rule upon any change of the person's:
(a) Residence address from
that noted
on
the person's identification card as issued; or
(b) Name
from that noted on the person's
identification card as issued, including a
change of name by marriage.
(2) Notice required under this section:
(a)
Must be
given within 30 days of the
change.
(b) Must be given in person for a change
of name.
(3) The department shall note on its re-
cords any change reported to
the department
under this section.
(4) The offense described in this
section,
failure to notify department
on change of
identification card holder
name or address,
is a Class D
traffic violation.

 

[Certaindeaf]

I just always carry a loose chad in my pocket.. it just makes me feel better.
That's code for wtf.. 1st post, cfornda, and a wonky q..