[klover]

I have property in Idaho, but live in WA. My neighbor took a like on my little snubbie, so I told her I would sell it to her.

I suppose I need to send it to an FFL in her town, and let her sign the paper for it?

Thanks.

[bikemutt]

Yes. Interstate transfer of guns need to go through an FFL to be lawful.

[Alland]

If you will going there, you can drive it to the FFL in her town and save shipping.

[NavyLCDR]

I have property in Idaho, but live in WA. My neighbor took a like on my little snubbie, so I told her I would sell it to her.

I suppose I need to send it to an FFL in her town, and let her sign the paper for it?

Thanks.
Do you ever actually live on the property in Idaho? During the times that you live on the property in Idaho, you would be a resident of Idaho for the purposes of firearms transactions and could sell her the gun directly during one of those times.

If it is just property without a house, or property that you rent to someone else and never occupy it with the intention of living there (even for just a weekend), then a handgun must go to an Idaho FFL for transfer. A rifle or shotgun could go through either an Idaho or Washington FFL.

[deadin]

Hey Navy,
How about a time-share?? I own two weeks, so am I considered a resident (firearms) when staying there?

[NavyLCDR]

Hey Navy,
How about a time-share?? I own two weeks, so am I considered a resident (firearms) when staying there?

Probably not. See the definition of "State of Residence" here:

http://www.law.cornell.edu/cfr/text/27/478.11

I would think having a time share would make you fall under Example 1 in the definition. I don't think a time share for two weeks would qualify you for Example 2.

[hermannr]

I agree with Navy. My situation is different, in that both places are in WA, but at times we live in our cabin (sometimes for extended periods) and at times we do not. One of my neighbors lives up here all summer, then goes to town for the winter.

Requires an address change to get our mail...I think that is enough.

[Alaska444]

Dear Navy, are you sure that you can do that? I am under the impression that you are stuck with your permanent state residence. I have a condo in Idaho but for health reasons I must maintain my CA residency. I don't believe I could buy any gun in Idaho since they all ask for an Idaho drivers license.

I WISH I could, but no one has asserted I can do that legally in any manner. If you look at the ID residency requirements, you must relinquish the other state and their ID's to become an Idaho resident.

Sadly, the selection of weapons in Idaho is so much more abundant than in CA. I can look, but not touch sort of situation. Well they let me touch, but buy? No.

[brboyer]

Yes he's sure. If you have 'homes' in more than one state, you may purchase firearms (handguns...long guns can be purchased in any state) in each of those states while actually residing there.
Under Federal law, a DL is not the only acceptable form of identification.

From
ATF Publication 5300.15
Revised August 2010

General Identification Requirements
You MUST verify the identity of each non-licensee buyer by examining the person’s identification
document(s) prior to transferring a firearm. A proper “identification document” is:
1. A document containing the name, residence address, date of birth, and photograph of the person;
2. A document that was made or issued by or under the authority of the U.S. Government, a State or local
government, or a foreign government;
3. A document that is of a type commonly accepted for the purpose of identification of individuals.
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.

Those other documents might be a city water bill, an automobile registration, a property tax bill, etc.

Of course this is entirely dependent upon the FFL's business practice too, in deciding if he will do this at all, or what documents are acceptable.

[Sam1911]

Dear Navy, are you sure that you can do that?

From the ATF FAQ on unlicensed individuals:

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]

Q: 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?

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]



Go to the gun shop, tell them you are a resident under and produce any of the identifying credentials brboyer suggested. You also should be able to apply for a state ID card (separate from your D/L) which would probably ease the process.

[brboyer]

From the ATF FAQ on unlicensed individuals:



Go to the gun shop, tell them you are a resident under and produce any of the identifying credentials brboyer suggested. You also should be able to apply for a state ID card (separate from your D/L) which would probably ease the process.

Rumor has it that Florida will revoke your Florida DL if you obtain an ID card from any another state, so he may want to look into that for his state as well.

I have been unable to confirm this for Florida online, but have to renew my DL soon, so I'll ask about it then.

[Sam1911]

Interesting...though not in a good way! :uhoh:

Thanks for sharing, though...something to watch out for.

[NavyLCDR]

Dear Navy, are you sure that you can do that?

Yep. I am positive of it!