NavyLCDR
member
stanger04,
It is perfectly legal for persons to have one, two, three or more states of residence:
http://ecfr.gpoaccess.gov/cgi/t/tex...iv8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
Page 136:
and Page 126:
It is perfectly legal for persons to have one, two, three or more states of residence:
http://ecfr.gpoaccess.gov/cgi/t/tex...iv8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27
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. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:
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.
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
Page 136:
Section 921(b) of the GCA provides
that a member of the Armed Forces
on active duty is a resident of the
State in which his permanent duty
station is located. The purchaser's
official orders showing that his or her
permanent duty station is within the
State where the licensed premises
are located suffice to establish the
purchaser's residence for GCA purposes.
In combination with a military
identification card, such orders will
satisfy the Brady Act's requirement for
an identification document, even
though the purchaser may actually
reside in a home that is not located on
the military base.
Licensees should note that for purposes
of the GCA, military personnel
may in some cases have two States
of residence. For example, a member
of the Armed Forces whose permanent
duty station is Fort Benning,
Georgia, may actually reside in a
home in Alabama. For GCA purposes,
that individual is a resident of
Georgia when he or she is in Georgia
and a resident of Alabama when he or
she is in Alabama. If such an individual
wishes to purchase a firearm in
Alabama, he or she must of course
comply with the identification document
requirement in the same way as
any other Alabama resident.
and Page 126:
27 CFR 178.11: MEANING OF
TERMS
An out-of-State college student
may establish residence in a State
by residing and maintaining a
home in a college dormitory or in a
location off-campus during the
school term.
ATF Rul. 80-21
"State of residence" is defined by
regulation in 27 CFR 178.11 as the
State in which an individual regularly
resides or maintains a home. The
regulation also provides an example
of an individual who maintains a
home in State X and a home in State
Y. The individual regularly resides in
State X except for the summer
months and in State Y for the summer
months of the year. The regulation
states that during the time the individual
actually resides in State X he is a
resident of State X, and during the
time he actually resides in State Y he
is a resident of State Y.
Applying the above example to outof-
State college students it is held,
that during the time the students actually
reside in a college dormitory or
at an off-campus location they are
considered residents of the State
where the dormitory or off-campus
home is located. During the time outof-
State college students actually
reside in their home State they are
considered residents of their home
State.
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