TRX
Member
What happens if you're not a resident of a "state", such as people living in the District of Columbia, the various posessions or territories, or Puerto Rico?
Shouldn't the OP look into what ever particular state residency laws are? Is there a way to have double residency?
My question is how it can be legal to strip me of my rights when I return to the US for visits.
No, this is incorrect. Just like Sam1911 pointed out in his response to Praxidike's question, state residency rules are completely irrelevant here. This whole thread is about federal law and what it says about the residency requirements to buy a firearm.CWL said:The OP can claim permanent residency back in the US by living here a minimum amount of days, which varies by state.
There are SO MANY areas of US gun law that really should be reformed just to make them logical and consistent -- I wouldn't hold my breath on this one.
...you can be, by that definition, a resident of multiple states if you live in/have a home in each of them for a portion of the year.
While I think you are correct the OP is SOL he does have good grounds for a lawsuit against the us government and the GCA as his constitutional rights are being violated the amount of time they are violated is not relevant.I stand corrected on "home of record"; I was thinking of driver's license/auto registration, which IIRC are good as long as the person is a member of the armed forces; the idea is avoid forcing a service member to be constantly changing those documents during his/her term of service.
I also didn't mention that the OP would have some avenues of relief: One is to contact a member of Congress, the NRA, etc, and start the ball rolling toward a change in the law; the other is to file suit against the government on the basis of denial of rights. I probably don't need to discuss the chances or either succeeding, especially since the OP would have (IMHO) difficulty showing more than limited ability to exercise his rights in any case.
Jim
As of June 23, 2015. http://law.justia.com/cases/federal/appellate-courts/cadc/12-5305/12-5305-2015-06-23.html#Justia Opinion Summary
Plaintiff filed suit alleging that 18 U.S.C. 922(a)(9) and (b)(3) and implementing regulations are unconstitutional because the provisions, in effect, prohibit citizens not residing in any state from purchasing firearms. At issue was whether a citizen who permanently resides outside the United States has a right under the Second Amendment to purchase a firearm for self-defense while he is temporarily visiting this country. In this case, the court concluded that there are too many unanswered questions regarding plaintiff’s particular situation even though he seeks to mount an as applied challenge. Accordingly, the court vacated the district court's grant of summary judgment in favor of the United States and remanded for trial.
Of course, the case is far from over. Indeed, what Gura has just won after fighting for this case now for more than six years is merely the right to take the case to trial.
That is not necessarily true. For the purposes of GCA68, it is a clearly defined legal term. It is defined at 27 CFR 478.11 (see post 24).Acera said:First 'residence' is not a clearly defined legal term,...
That is not necessarily true. It is not true for the purposes of GCA68. For the purposes of GCA68 Texas does not appear to be their State of Residence as defined at 27 CFR 478.11.Acera said:....I know for all legal purposes they live in Texas....
That's all very nice, but it doesn't do a thing to help the OP buy a gun in compliance with federal law (GCA68).Acera said:...If I get a response back I will forward the name of the company to you. I would think that if you do a search in non-income tax states, you might find a number of businesses that do exactly the same thing.
Don't tell a lawyer (me) to look for legal answers. That's what I did to earn my living for more than 30 years, and that's what I've done here.Acera said:To the mods who posted above. You point out that not everything the in the law regarding firearms is clearly defined. I think those types of things have been discussed before in the past, that is why you must look beyond the world of firearms sometimes for legal answers.
http://domicile.uslegal.com/distinctions-between-domicile-and-residence/....
For the reasons I've outlined, and based on your friend's situation as you've described it, you're quite possibly wrong. Based on your friend's situation as you described it, Texas does not appear to be your friend's State of residency as defined at 27 CFR 478.11 for the purposes of GCA68.Acera said:...My friend would not have any issue purchasing a firearm legally when he is in Texas....
Yes, contacting a lawyer is always a good idea. While I am a lawyer, I am not your lawyer, your friend's lawyer or the OP's lawyer. But this situation involves federal guns laws, specifically GCA68, so a lawyer consulted needs to be, or needs to make himself, familiar with that body of law -- including the case of Dearth v. Lynch referenced in post 43.Acera said:....Question best suited for a lawyer specializing in this type of situation....
Frank said:For the reasons I've outlined, and based on your friend's situation as you've described it, you're quite possibly wrong. Based on your friend's situation as you described it, Texas does not appear to be your friend's State of residency as defined at 27 CFR 478.11 for the purposes of GCA68.Acera said:...My friend would not have any issue purchasing a firearm legally when he is in Texas....
And there is a difference between getting away with committing a crime and doing things legally. When you commit a crime, you bet your freedom, your future, and your fortune on not getting caught.Sam1911 said:...it isn't much different from handing the dealer a fake ID and getting away with it.
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:
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.
- A document containing the name, residence address, 1. date of birth, and photograph of the person;
- A document that was made or issued by or under 2. the authority of the U.S. Government, a State or local government, or a foreign government;
- A document that is of a type commonly accepted for 3. the purpose of identification of individuals.
(a) It shall be unlawful—
...
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;...