To those who have continued to participate in this thread, thank you for two things: (1) your civility; and (2) so ably demonstrating why we require citations to authority in Legal.
I have found that one of the best ways to fail background check is to have dual residences. I used to have two houses in the same state and I lived part time at each one of them and had mail sent to each one of them and bank accounts at each one and would constantly fail background checks. I finally made sure all of my mail, drivers license, voter registration, everything was only one address and it never happened again.I get that. You're right about California and Washington having some of the most nutso laws in the country. But I'm addicted to the Pacific Northwest and you can't surf in Idaho.
But that doesn't change the point that the federal law does not treat identification and residency as being the same.
The point of my example is that I can hold a California Driver's License while being only a resident of Washington (under the federal law). Having that license does not necessarily make me a resident of California.
The interplay of state and federal law can become very complicated at times, as I have often pointed out in previous postings in other threads. The federal law cannot be presented as simply as some folks have tried, to conclude that having a state driver's license necessarily makes one a resident of the state.
Yet your street address is not part of the information given to the FBI NICS during a background check.....only your current state of residence.I have found that one of the best ways to fail background check is to have dual residences. I used to have two houses in the same state and I lived part time at each one of them and had mail sent to each one of them and bank accounts at each one and would constantly fail background checks. I finally made sure all of my mail, drivers license, voter registration, everything was only one address and it never happened again.
After all the back & forth here... would someone please
post/translate/plain English ATF definition of "residency"
After all the back & forth here... would someone please
post/translate/plain English ATF definition of "residency"
Dogtown Tom posted the ATF memo regarding residency in post 2. The plain English version is your residency is where your home is. In having that home you have bills sent to that address and other documents tying you to that home. Having identification documents like a driver's license helps to prove a residency at a specific place, but it is not required to change licenses when moving states nor is having an ID an established residency. Example you can have an ID in New York but if you live in Vermont, it is not required to get a VT license in order to establish residency.
"Having bills sent to that address" is not mentioned anywhere in anything by ATF......In having that home you have bills sent to that address and other documents tying you to that home.....
Please see above.would someone please
post/translate/plain English ATF definition of "residency"
(Quoted from 27CFR478.11):
"State of Residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State
Maybe but after I changed it, it never happened againYet your street address is not part of the information given to the FBI NICS during a background check.....only your current state of residence.
If you keep failing background checks its because your name and descriptive information matches or is similar to that of a prohibited person.
Maybe but after I changed it, it never happened againYet your street address is not part of the information given to the FBI NICS during a background check.....only your current state of residence.
If you keep failing background checks its because your name and descriptive information matches or is similar to that of a prohibited person.
When the OP is asking about the FEDERAL requirement of "residency", anything else is just noise.Correct. But I didn't say that was part of the ATF definition.
Yet for the purposes of acquiring a firearm they are not. And that's the point of this thread.Bills, like ID, are common ways to show residency.
Horsehockey. You keep saying the same things and they are stil wrong. A "rental agreement" is 100% useless as documenting residency for the purposes of acquiring firearms. Further, there is no requirement to "live there in state B for a year...".If you have a home in state A but rent an apartment and live there in state B for a year, the bills and rental agreement for state B are supporting documents for residency in state B.
.This definition is the short and sweet, plain English of what the ATF says without getting into nuanced examples
Thank you sir.Here is the full and exact ATF definition of residency (and with it's four examples).
... he or she is present in a State with the intention of making a home in that State...
Thank you sir.
...and I take it ATF EX#2 would appear to permit the Well-To-Do-Set to declare residency-du jour
wherever they happen to set up camp in their multiple homes throughout any given year.
[?]
.
.
Wouldn't have to be "well-to-do", necessarily. Property ownership has no bearing on the subject.Thank you sir.
...and I take it ATF EX#2 would appear to permit the Well-To-Do-Set to declare residency-du jour
wherever they happen to set up camp in their multiple homes throughout any given year.
[?]
This is bordering on fantastical.... Multiple sequential rentals?.... campers?.... Airstream trailers? ... sidewalk cardboard boxes? .....Property ownership has no bearing on the subject.
I am waiting for the discussion to devolve into “let’s say a homeless man wants to buy a gun out of state. Now his cardboard box usually stays in one state but sometimes he puts it in his shopping cart and pushes it across the state line to another state. He has no drivers license or identification of any kind but he can roughly prove that stain on the pavement in his usual spot kind of matches the outline of his box. What is an FFL to do in this situation?”This is bordering on fantastical.... Multiple sequential rentals?.... campers?.... Airstream trailers? ... sidewalk cardboard boxes? .....
. . . . . "Curiouser and curiouser!” Cried Alice (she was so much surprised, that for
. . . . . .the moment she quite forgot how to speak good English).
.. . . . . . . . . . . . . . .. ...........(Lewis Carroll, Alice's Adventures ...)
then again....
. . . . . . . . . . . Oh, what a tangled web we weave, when first we practice to deceive...
. . . . . . . . . . . . . . . . . . . . . . .(Marmion, Walter Scott)
The nightmares of a classical education before it became unfashionable
My head hurts....