Legal residency


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jetrecbn
July 2, 2005, 02:30 PM
Went to the shop today to purchase a pistol. I was told that I had to be in the state(CO) a minimium of 90 days. The salesmen (owner of pawn shop) added that I had to be a resident. He stated that I had to have either a CO license or a CO identification card in conjunction with my military orders and military ID. I thought that my orders would suffice, but I guess not. Does getting a state license change my residency status? Would that make it mandatory for me to change my state of residency for tax purposes? Thank you.

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Steelcore
July 2, 2005, 02:37 PM
If you are in the active duty military you can buy guns in:

your home state
the state you are stationed in
the state you actually live in

Many dealers won't sell you a gun if you aren't a resident of the state.Even though it is legal.You can try to convince them or find a dealer who understands the regs.

Hawkmoon
July 2, 2005, 03:39 PM
I don't know what the laws are now, but when I was in the military shortly after the signing of the Magna Carta the law was that I could claim as my official home address the address I had lived at at the time I joined up, as long as my parents continued to maintain ownership of that property. My POV was always registered there and I did not have to change either drivers license or motor vehicle registration when changing duty stations.

Standing Wolf
July 2, 2005, 04:51 PM
When I first moved to Colorado, a gun shop person told me I had to live here thirty days before I'd be considered a resident.

As long as I had a legitimate driver's license, I went to another gun shop that same afternoon to start the transfer process for a pistol I bought from a fellow in Nebraska. Nobody bothered to ask, and I sure didn't bother to say anything.

As far as I'm concerned, residency requirements are baloney. If you're paying taxes in a state and carrying one of its driver's licenses, you're a resident.

rkba_net
July 3, 2005, 12:26 AM
This is from the ATF FAQ... there may be a waiting period per state law in addition to this...

B12) What constitutes residency in a state? [Back]

The state of residence is the state in which an individual is present with the 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 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. [18 U. S. C. 921( b) and 922( b)( 3), 27 CFR 178.11]

thatguy
July 3, 2005, 12:11 PM
What if you spend part of the year in another state? My wife and I live in state A, but used to live in state B where we still own property, pay property and income taxes, and spend some time each year. I have a state-issued ID from state B listing an address, can I legally buy and sell guns when I am there?

Hawkmoon
July 3, 2005, 09:13 PM
What if you spend part of the year in another state? My wife and I live in state A, but used to live in state B where we still own property, pay property and income taxes, and spend some time each year. I have a state-issued ID from state B listing an address, can I legally buy and sell guns when I am there?
I believe this has been answered in previous threads, and the answer I remember is "Yes" ... but only while you are living in the second state, not if you make a quick jaunt there while residing in the first state. (Although how they make that distinction is beyond me, especially if it's a weekend house rather than a summer retreat).

waterhouse
July 3, 2005, 11:04 PM
I recently attended an ATF seminar for FFLs where this topic was discussed for quite some time.

I know there were a couple other High Road members who attended the same seminar, so perhaps they can correct me on this if I am wrong:

I am pretty sure that at one point the ATF said that PERMANENT military orders were a sign of residency on the DAY the order was signed, and that there was no requirement to be a resident for 90 days. I've never seen a military order in my life, but the ATF assured us that it would be clear that the order specified permanent or temporary duty, and if it was permanent duty then we could sell to them even if they had an out of state license.

Another important thing I learned at the seminar is that the ATF is very open to having a dealer call them and ask for interpretation of a law, which many dealers seem to be very confused about. I know that in a perfect world all firearms dealers would know all of the rules, but this is simply not the case. Some dealers are pretty stuck in their ways, but it never hurts to ask your dealer to call the ATF and actually confirm their understanding of the law. Either that or preach with your pocketbook and find a dealer that does understand the law.

TimboKhan
July 4, 2005, 06:39 PM
Waterhouse,
Thats true actually... There is such a thing as "TDY" (Temporary Duty), also referred to as TAD (Temporarily Assigned Duty), and occasionally these assignments will take you off your "home" base, although even then its usually within the same state (29 Palms to Camp Pendleton, for example). Whenever you go on TAD, it is crystal clear that you are doing so. Just for your own info, TAD can be anything from working the desk at the rec center for a couple of weeks to taking part in combat missions. For example, I did TAD twice in the USMC, once as a range coach for a bunch of Marine Corps Air Wing guys (lasted a week and a half), and once as a range coach in Okinawa for general purposes (lasted a month). I also had a buddy that ran the skeet range at 29 Palms for a few months, and let me tell you friends, that was AWESOME. I only had time to shoot there a couple of times, but it was free and I got to shoot a ton...

Timbo

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