Resident of NY, 2nd home in NC or VA?

touro1979 said:

Thinking of buying a condo in couple of years in either VA or NC (leaning NC) for vacation until I retire than split time between NY and NC 50/50. Already own a home in NY. Would like to retain my NY legal residence so I can keep pistol permit and I like where I live and want to keep roots here. Live in upstate NY. Want to escape winters and be closer to the beach in retirement for at least part of the year. I have a PA non-resident permit to carry pistol. couple of questions.

Any problems transporting my pistols to either VA or NC? I beleive they both recognize the PA permit.

Any problems buying rifles that NY doesnt like in either state and keeping them in the other state permanently at my 2nd home and never bringing them to NY?

Gun laws are becoming so confusing in NY.

Click to expand...

If you go through New Jersey, don't make any stops...even for gas. Drive Straight Through. I think you can avoid the state altogether from Western NY to VA/NC. NJ is the only caveat I can think of.

As far as transporting handguns, as long as you comply with states storage that you pass through, FOPA covers you. Make sure unloaded and locked in a lockable container or trunk, separate from ammo. NC honors your NY permit but VA does not. VA does honor PA permit but unsure about non-resident permit. Did the same thing you are, Just MA and TN. Good luck.

LNK




http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

touro1979 said:

Any problems buying rifles that NY doesnt like in either state and keeping them in the other state permanently at my 2nd home and never bringing them to NY?

Gun laws are becoming so confusing in NY.

Click to expand...

You will need to obtain a government issued document that proves your residency in VA or NC to purchase a rifle in VA or NC that would be illegal for you to possess in New York. That is a requirement of Federal law, 18 USC 922 (b)(3).

touro1979 said:

So I would need to get a drivers license in NC or VA? Can I get a State ID card that is not a drivers license? Need to keep NY license so I can get NY Star tax rebate for property taxes.

Click to expand...

It does not have to be a driver's license or a state ID card. It only needs to be a government issued document. You could use your New York driver's license to fulfill the photo ID requirement, and you can supplement that with another government issued document that shows residency in the second state, such as a resident hunting license, a utility bill IF it is from a government entity such as a city water bill, vehicle registration, voter registration, local tax statement, etc.

touro1979 said:

So I would need to get a drivers license in NC or VA? Can I get a State ID card that is not a drivers license? Need to keep NY license so I can get NY Star tax rebate for property taxes.

Click to expand...

Not sure if it is legal to get a State (non drivers license) ID card in one state and have a drivers license in another state?

Maybe a non drivers state issued ID if they have such. Having 2 drivers licenses can be tricky. I recently moved to another state, turned in old license as required to obtain new.

Took my time handing in old plates as required, got a letter from old state asking for plates, and noting that I did not currently have a state drivers license. They knew, even though I never notified them.

Some states only require proof of home ownership or rental, utility bills, etc. to establish proof of residency.

Midwest said:

Not sure if it is legal to get a State (non drivers license) ID card in one state and have a drivers license in another state?

Click to expand...

I have a WA State ID Card and a WY Driver's License in my wallet right now. Perfectly legal. I am not required to obtain a WA State Driver's license, even though I am a resident of WA because I have active duty military orders to WA State. Therefore, since I am a resident of WA state, who is not required to transfer my WY driver's license, I am eligible for the WA State ID Card. This is all contained in WA state law and Washington Administrative Code. I obtained the WA State ID Card for the express purpose of simplifying the firearms purchase process.

If you just need government-issued ID:
library card
county Parks and Rec ID card (if there is a county gym, they usually charge and require ID. Or if require community sports coaches to take training and undergo background checks)
state college ID (i.e. sign up for a community college class)

Everything that he said for NJ, applies for Maryland and DC too. Drive through without stopping.

For information, read the instructions to question 20.b:

http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

The ATF file is protected and can't copy and paste.

I am from NC and have lived here for 37 years. It isn't bad, but I like VA's laws better. My wife and I are contiplating a move to Texas. Don't get me wrong,NC has been getting better, but still too many anti's in the Triad area and RDU area.

CharlieDeltaJuliet said:

I am from NC and have lived here for 37 years. It isn't bad, but I like VA's laws better. My wife and I are contiplating a move to Texas. Don't get me wrong,NC has been getting better, but still too many anti's in the Triad area and RDU area.

Click to expand...

Hey CDJ, I never noticed you were here too.

The beaches in NC are better than VA, at least IMO. If he wants to live near the beach, NC is where to go. Somewhere like New Bern or Manteo. Virginia's gun laws are better, but NC is catching up.

NavyLCDR said:

For information, read the instructions to question 20.b:

http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

The ATF file is protected and can't copy and paste.

Click to expand...

So, commander which state are you the legal resident, would go by your voter rights would it not.

What about this:

http://cfr.vlex.com/vid/11-meaning-terms-19675251

Example 1.

A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.

A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3.

A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.

So, commander which state are you the legal resident, would go by your voter rights would it not.

Click to expand...

All we're concerned with HERE is where you are a legal resident for the purposes for lawfully purchasing and possessing a firearm.

According to the ATF, residency FOR THAT PURPOSE is determined exactly as wildbill has listed in his bolded paragraph in post 15. If you are present in a state with the intent of living there (part time OR full time) you are a resident of that state for the BATFE's purposes.

NavyLCDR has given the link so you can read how you show residency to a dealer. (Scroll down to the Instructions section for question 20.b)

Johnny Dollar said:

No worries. If Touro goes through Jersey he can't pump his own gas. A friendly Jersey certified gas filler "specialist" will do that for him.

So, he doesn't even need to leave the friendly confines of his vehicle.
Oregon is the only other state to supply this wonderful service!

Seriously,I have many close relatives in NJ, including my much older sister. So, although it's not that pleasant,I go there every year. We only have so much time left.

Click to expand...

I was referring that the OP has to pass straight through NJ to be covered under FOPA (even if he had the pistol locked up in a box in the trunk as required ... NJ can still cause problems...and have for others even if the firearms are locked in the trunk).

NJ isn't the most friendly of states...If he deviates he can't use the FOPA defense. But him being from Western NY, he can go through PA and totally avoid NJ.

A friendly Jersey certified gas filler "specialist" will do that for him.

Click to expand...

Impressive title... Wish that moniker existed when i was a kid working my first job... Lol

Yeah Wolfpack is absolutely right about beaches... NC still is hard to beat these. Murrells Inlet is still one of the prettiest beachside communities I have ever seen...

BTW good to see you Wolfpack

I have exactly the same situation, homes in 2 different states. Regardless of what state law may say, you will need to provide satisfactory proof to the FFL from whom you wish to purchase a firearm in state #2. I found a neighbor who is an FFL to handle transfers for me, and he asked for a property deed and utility bill with my name and address to annotate his records. I also had a vehicle registered there. The more information you can offer the better chance of having it accepted by a dealer who doesn't know you.

Other dealers who did not know me would not handle a transfer with those same documents, so I obtained a state-issued ID card which every dealer has accepted without question.

As noted, you are a resident (for firearms purchasing needs) of the state in which you reside at any given time, and there is no minimum time requirement. Say for example if you fly down to your second home, you are a resident of that state as soon as you arrive there and you can stop at a gun shop and buy a gun on the way to your second home. Then you could fly back to your primary home the next day and buy another firearm there on your way back to your first home. Federal law.

My recommendation would be to locate a dealer who can handle transfers and just ask him what he would require. That would be a good start.

The other part of your question as I understood it dealt with buying a firearm prohibited in NY and keeping it in your other home. If it's not in NY, their law doesn't apply at all. Welcome to freedom.

medalguy said:

The other part of your question as I understood it dealt with buying a firearm prohibited in NY and keeping it in your other home. If it's not in NY, their law doesn't apply at all. Welcome to freedom.

Click to expand...

Don't forget that it is legal to purchase and receive a rifle and shotgun from an FFL outside of your state of residence. As a WA resident, I could purchase and take possession of a rifle or shotgun from an FFL in Montana, for example. HOWEVER, if I am purchasing a rifle or shotgun from an FFL outside of my state of residence, Federal law requires that both the laws of the state the FFL is in, and the laws of my state of residence both apply and must be met.

So, if a New York resident travels to Nevada for a vacation or hunting trip, with no intention of making a home in Nevada, it would be illegal for them to purchase a rifle or shotgun that they could not legally possess in New York.

If they were going to live in Nevada, say for the winter and then return to New York for the summer, then it would be perfectly legal for them to purchase an evil AR-15 in Nevada that would be illegal to possess in New York - but in order to do so they would have to prove Nevada residency to the FFL. Of course, the evil AR-15 would still be illegal to take back into New York, at least without doing whatever New York law would require to make it legal.

whughett said:

So, commander which state are you the legal resident, would go by your voter rights would it not.

Click to expand...

As was stated earlier, voter registration does not establish residency for the purposes of firearms transactions. Neither does a driver's license or paying taxes. The only thing that establishes residency, in Federal Law, for firearms transactions is presence in a state with the intention of making a home there. PERIOD. Voter registration, paying taxes and a driver's license may be used to prove residency to an FFL, but they do not establish residency.

For example, I have held a Wyoming driver's license for 30 years. I have been registered to vote in Wyoming. I pay state taxes to Wyoming (which is zero, because they don't have a state tax). But, for the purposes of firearms transactions, I have not been a resident of Wyoming since 1988 when I left Wyoming to join the Navy. I have been a resident wherever the Navy has ordered me to, and/or wherever I sleep at night. On one set of orders, I was a resident of two states simultaneously. I had permanent duty orders to Connecticut, which made me a resident of Connecticut for the purposes of firearms transactions, but my house was in Massachusetts and I commuted every day, so I was also a resident of Massachusetts for the purposes of firearms transactions, and could legally do firearms transactions in both states - but not in Wyoming.

Aren't gun laws fun to figure out?

medalguy said:

Aren't gun laws fun to figure out?

Click to expand...

Depending on the state...firearms ownership at times almost seems to require a law degree...and even then...that isn't good enough...