Vermont Technicality


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Kentucky Kid
June 10, 2009, 04:03 PM
If I were living in VT seasonally, and purchased a handgun from another VT resident, would I technically be in violation of the law?

At a gun shop, you certainly need a VT ID, but do I NEED to be a permanent resident with a VT driver's license for a private party sale?

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GonHuntin
June 10, 2009, 04:26 PM
http://www.atf.gov/firearms/faq/faq2.htm

(B11) What constitutes residency in a State? [Back]

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]


(B12) 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? [Back]

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]

Kentucky Kid
June 10, 2009, 04:58 PM
This website is fantastic. I never knew so many people were willing to help others find info, facts, and offer opinions.

Thanks a bundle.

dirt_j00
June 10, 2009, 05:01 PM
+1

THR is the bee's knees.

v65magnafan
June 11, 2009, 08:10 AM
How does one evaluate "an intention" to make a home in a state?

For example, if a resident of state A buys a condo in state B, has the sales documents, but still has a drivers lic from state A, will a dealer sell the guy a firearm?

gimlet1/21
June 11, 2009, 10:53 AM
Your an American; enough said!

Old Fuff
June 11, 2009, 11:14 AM
Check state laws in the respective states. Some states require prior permission to buy a handgun, and won't issue a purchase permit (or whatever) to a non-resident (someone who doesn't have a drivers license from the state in question). Others may require that you have been a resident for a certain length of time. Last but not least, many if not most FFL dealers will refuse to make any kind of face-to-face sale to someone who doesn't have a driver's license or equal identification issued in the same state where their place of business is located, BATF regulations not withstanding.

As a side note: The Supreme Court of the United States has not ruled that the Second Amendment gives any individual a right to buy firearms in any state they wish. They simply said that the City of Washington D.C. could not prohibit residents from keeping handguns, rifles or shotguns in their homes; or that they must be kept locked up and/or disassembled. PERIOD!

Someday that may be changed - for the better, or maybe for the worse - but that's then, and not now.

NavyLCDR
June 11, 2009, 03:52 PM
How does one evaluate "an intention" to make a home in a state?

For example, if a resident of state A buys a condo in state B, has the sales documents, but still has a drivers lic from state A, will a dealer sell the guy a firearm?

Generally, no, the dealer will not sell a person a handgun without either a same state issued ID or Military ID + orders. This occurs a lot with military spouses. An FFL can sell the military member a handgun based on their active duty ID card and orders, but cannot sell it to the spouse who lives with them if that spouse does not obtain an ID card from the state they are stationed in.

FFL's have requirements to PROVE residency based on specific ID requirements by Federal law. Private parties, in most states, do not have the requirement to PROVE residency of the buyer, only to not have knowledge of or reasonable belief that they are not an out of state resident.

Kentucky Kid
June 11, 2009, 04:34 PM
FFL's have requirements to PROVE residency based on specific ID requirements by Federal law. Private parties, in most states, do not have the requirement to PROVE residency of the buyer, only to not have knowledge of or reasonable belief that they are not an out of state resident.


Where could I find SPECIFIC info about Vermont's private party laws??? I called a couple of gun shops & they are all telling me that the sale was "most likely" legal, but don't have any solid info to distribute, nor do they have any referrals to find out... ANYBODY KNOW???

Old Fuff
June 11, 2009, 05:43 PM
Try the Vermont State Police (by whatever name they go by). They might be able to refer you to a website, or have a hand-out they can send you.

Last but not least, there is Google...

NavyLCDR
June 11, 2009, 06:49 PM
Kentucky Kid,

Vermont's firearms laws:
http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=13&Chapter=085

Federal laws:
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

You specifically want to look at 18 USC 922 (a)(3), (a)(5), and (d).

Regarding state of residence:
http://edocket.access.gpo.gov/cfr_2003/aprqtr/27cfr478.11.htm

Almost at the bottom is state of residence.

In Vermont, due to lack of state laws restricting private sales, private sales must, therefore, only comply with Federal laws. Again, specific proof of state of residence is not required in the Federal laws for private sales. Also in 27 CFR478.11, I think, you will find the identification requirements applicable to FFL sales.

Kentucky Kid
June 11, 2009, 11:07 PM
Navy LT nailed it. Thanks, team.

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