Handgun Purchase interpretation

[neomac3444]

I have done a lot of research because I live in two states both 6months out of the year and they are consecutive months. Now I have a CCW for both states but want to buy from my non-drive license state. Now from what I have read you cannot buy a handgun from the state which you reside but...ATF in 27 CFR 478.11 page 110 states the definition of residency:

"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.

[[Page 111]]

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."

http://edocket.access.gpo.gov/cfr_2003/aprqtr/27cfr478.11.htm

So since I technically live in both states would this qualify me to buy a handgun in my non-driver license state without shipping that said handgun to my "home" state?

any insight would be nice thank you.

 

[Oro]

Yes, of course you can. What you do is go to your Non-DL state with your living arrangements proof they ask for ID - like electricity bills, mail, Rental agreement, or if you own then the tax bill, etc. Apply for and get a state non-driver's license ID card. This is what people w/o DL's use as legal ID. Then you present this for completion of the 4473. It proves you are a legal resident of that state. I have done this, as have many others.

And don't think of it as a "loophole" - that phrase implies subverting the intent of a law through an oversight. What you are doing is perfectly legal - some states that have large "migrant" population like FL even issue "restricted" DL's - ones good only within FL so their "snow birds" have legal state ID and proof of residence.

 

[neomac3444]

Thank you so much for the information. And thank you for the heads up on the name.

But now when I get the ID card what do you mean present this for completion of the 4473? Do you just mean that when I go to fill it our in that state I will use the ID card instead of my DL? and make sure I use all of that information?

 

[ThrottleJockey]

Yes, but be aware it is illegal to possess ID for 2 different states at any given time, meaning don't keep 'em both in your wallet.

 

[NavyLCDR]

In order to buy a handgun from and FFL, you must present ID issued by the state that you claim residency on the 4473 and that state must be the same state the FFL is in. So, in other words, to buy a handgun from an FFL located in Florida, you must be able to state, truthfully, on the 4473 that your state of residence is Florida and you must show a Florida issued ID.

The only exception is that active duty military members may buy handguns in the state they are ordered to by showing their military ID card and endorsed orders to that state.

Private party sales do not have the state issued ID requirement, but the seller must not have knowledge of or reasonable cause to believe that you are an out of state resident.

 

[neomac3444]

so if I understand this correctly then I would have to go get a second state ID(which would be illegal) to buy a handgun legally in a state that I live in 6 months out of the year.

 

[NavyLCDR]

so if I understand this correctly then I would have to go get a second state ID(which would be illegal) to buy a handgun legally in a state that I live in 6 months out of the year.

That depends upon state laws in the states in question. In Washington, for example, it is perfectly legal for a part time Washington resident, a military member stationed in Washington, or a spouse of a military member stationed in Washington to obtain a Washington State ID Card (non-driver's license, just an ID card), and maintain their home state driver's license. You can carry both on your person, at the same time, legally, and buy firearms in Washington State using the Washington State ID card as identification at an FFL.

 

[neomac3444]

Well thank you NavyLT for that information I will look into the state laws with that.
Thank you again.

 

[Iowa Don]

State of residency?

You live in the state from which you pay your federal taxes, and the one in which you "go home to visit", which will be the same one as you claim as your domicile when you pay your state taxes, and where you claim taxes paid in the other state, and the state in which you vote. 2 ID's. 2 DL's. You're playing with fire, my friend..

 

[NavyLCDR]

Respectfully, Iowa Don, did you even read the Code of Federal Regulations, which carries the weight of Federal Law, that was posted by the OP? Your statement,

You live in the state from which you pay your federal taxes, and the one in which you "go home to visit", which will be the same one as you claim as your domicile when you pay your state taxes, and where you claim taxes paid in the other state, and the state in which you vote.

is completely incorrect for the definition of state of residence as it pertains to firearms transactions, especially for military members and students.

 

[ants]

More information is at atf.gov in the firearms FAQ. If the link works correctly, it should scroll you automatically to Question B12 http://www.atf.gov/firearms/faq/faq2.htm#b12

(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.
[27 CFR 478.11]

This is a synopsis of their official interpretation of the Code of Federal Regulations referenced in the original post.

Bottom line: Yes, you may get a state-issued ID in your alternate state and use it to purchase a firearm from an FFL dealer lawfully BUT only during the period that you're living in that state.

 

[NavyLCDR]

Bottom line: Yes, you may get a state-issued ID in your alternate state and use it to purchase a firearm from an FFL dealer lawfully BUT only during the period that you're living in that state.

Now, that, is the correct statement!