- Apr 29, 2006
- California - San Francisco Bay Area
I disagree. It's not that simple.... You appeared to indicate that for a large portion of the year you live in your RV....
...I don't have multiple residences. Maybe the ATF defines an RV as a residence I don't know. The example the ATF gave was for a weekend home. .....
I generally agree.
I think the problem is that there's no bright-line test.
Some people have a home, and that's their home even though they might be temporarily absent from that home from time-to-time -- and perhaps even for extended periods. Some folks might have several homes -- places they live in particular locales on some regular or periodic bases, e. g., a vacation home. Some folks may have no fixed home, traveling all the time but maintaining a sort of accommodation address at which they receive mail or through which they could be contacted. Where a particular person fits depends on all the facts.
So as CoalTrain49 seems to describe his situation, he fits in the first group. He has an address which he considers to be his home. He spends most of his time there. He leaves on occasion, but always returns. His occasional, temporary absences don't change anything.
An example of someone in the second group could be a college student. When away at school, that is his home, and his address there is his residence. If he returns to his familial home during breaks, that address is his residence when he's present there. Another example would be the guy with a cabin in the mountains where he lives for short periods of time during ski season.
Then there's the modern, nomadic retiree. He's in the third group. He sold his house, and bought an RV. He stores some things at a friend's place and uses his friend's address on his driver's license. His mail gets delivered to his friend, with whom he stays in touch, and his friend periodically forwards mail on as the nomad directs. He has no fixed home and has some problems if he wants to buy guns and remain kosher under the Gun Control Act.
In each case where one resides is a question of fact to be inferred from circumstances. The address on a driver's license isn't one's residence address because it's on one's driver's license. It's his residence address only if the circumstance properly support the inference that it is his residence address.
In both Garrity and Queen the defendants relied on addresses on their respective driver's licenses. But in each case the facts did not support the conclusion that those addresses were their residence addresses.
Nonetheless, he has the knowledge base, analytical skills and research skills to be able to give you advice if he chose to spend the necessary time studying the subject.....And I know you are an attorney. So is my BIL. I wouldn't expect him to give me advise about filling out a 4473. He's a personal injury attorney that deals with insurance companies.