Purchasing a Gun in TX

[Cato the Younger]

Hey All,
I have just moved down to Texas for school. I have a texas drivers license, and am living in an apartment down here. I list this as my residence for all purposes, and have been living down here since 1 Aug. When am I able to purchase firearms legally? I have heard everything from : "You have a Tx DL, you are good to go", to "90 days from when you establish residency"

1. What consitutes residency- when I began leasing my apartment? Or when I got my TX DL?
2. What waiting period is actually involved? 90 days? Nothing?

I would really like to buy a new pistol or two, but I do not want to run afoul of TX gun laws. Any help would be appreciated

 

[Mr Kablammo]

Texas forum

I suspect that residency would best be demonstrated by the TX DL issue date. But for more asking more knowlegeble gents than I, check out

www.texasshooting.com

 

[bender]

no waiting period here.

well, just the 5 minute wait for the background check to go thru...

 

[rbernie]

As far as I know, residency is established via valid TX DL and that's all that's needed. No 'cool off' waiting periods, no legal restrictions on the number of firearms you can buy in any given time period. Walk into a gun shop, pick out what you want, and start the process.

Welcome to Texas.

 

[JCF]

I am a new Texas resident, and have been through this recently. Private sales are unmonitored. No background, no waiting period. If you purchase from a dealer, you need to demonstrate Texas residency if you are a recent arrival in-state. This consists of handing over 3 consecutive months of utility bills in your name, and at a Texas residence of course, immediately preceding the date (month) of purchase. Your D/L by itself is not enough in many cases. When the dealer phones in your background, he should advise them that you have provided said documentation. Many dealers don't realize this. If the dealer does not do this, the clearance MAY be "delayed" in which case you will be required to wait a week or so. It has happened to me twice. If you are delayed, don't panic... it's pretty common with new residents.

 

[bender]

sheesh... I've been living here in TX 33 years... but I haven't bought a gun since this "background check" stuff was started...

guess I should, just so I see how it works...

 

[Euclidean]

From my personal experience, I've been told by multiple sellers that if your driver's license matches your actual current address, you're good to go.

Also, it would help your case just to not mention it.

 

[JCF]

You are legally required to "mention it". The form you complete asks the question of residency, and defines residency as 90 consecutive days. I would counsel against falsifying that information... given it is a federal crime.

 

[Prince Yamato]

Already had to go through this. You are good to go as soon as you get your DL. You have 90 days upon moving into Texas to surrender your OLD DL. You are a resident here as soon as you legally wish to make it your home. You're also registered to vote in TX as soon as you get your DL. You'll probably get your voter registration in the mail too. According to TX and the BATF, you're a resident.

Git yer gun son!

Welcome to Texas BTW.

 

[BB93YJ]

While you're at it, find, sign up for, and take a CHL course. Among other things, it makes for quick purchases of guns. No NICS check, just fill out the 4473, they make a copy of your driver's license and concealed license, pay your money and go home, (or to the range) with your latest gun.

God I love this state!

And I'm native to it.

 

[Cato the Younger]

Yeah, the rules here beat the ones in Cook Cty, IL

Yeah, I think the most shocking thing to me since moving down here is the rampant guncrime due to lax firearms law I seem to notice a CCW holder getting in a shootout over someone taking his parking space everyday, and I have to dodge bullets on the way to class from disgruntled students. It tells me something when two of our professors run the skeet and trap club for the law school, and I can walk into a gunstore to buy some ammo and pistol magazines and here from the owner that one of my professors is a regular of his. And lower taxes! Man, this is enough to make Daley

 

[JCF]

ABSOLUTELY NOT!

You ARE NOT a resident of Texas "as soon as you get your drivers license". The federal gov't defines state residency as 90 consecutive days of residence in-state. You can get a d/l the day after you move in-state. If you simply get a d/l and claim to have been in state for 90 days even though you haven't, you are in violation of federal law.

Don't take anyone else's word for it (including the dealers because many of them are unclear on this)... call the ATF yourself and verify it. I did.

 

[Prince Yamato]

FROM BATF Webpage:

(B11) What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

personally, I wouldn't get the DL and immediately head to a gunstore- it looks a little suspicious. But if you wait a while, or if you feel there is an immediate threat to you, go for it. The 90 days only applies to aliens and as I understand it, you come from Illinois, not Mars or Mexico (eh, they both have red rocks). So are you present in the state? Check. Do you intend on making a home there? Check. Annie get your gun.

And so you don't have to be scared by the numerous differences between federal laws :

http://www.atf.treas.gov/firearms/faq/faq2.htm#b3

Bookmark it. Check it when you have a question. Print a hard copy or two to use in court if necessary. Call ATF if you have questions. They're seriously not going to break down your door and arrest you. They're a convoluted organization with screwy laws, but they're run by humans (or chimps as some people have reported) and most humans will be humane with you. Chimps like you to give them jelly or grapes first though. I don't agree with them, but as long as you're funding them with your tax-payer dollars, you may as well use their "free" resources.

 

[Shipwreck]

WHen the permit was first offered in 1996, U had to be a resident for 6 months in order to get one. I think they changed that later, though...

Electric bill or phone bill or something like that can prove residency. But, when U fill out the paperwork for the CHL, they will make U list your recent addresses and the times U have lived at each, if I remember correctly (for the 1st time U get 1). So, U may have to abide by a residency restriction, if there still is 1

 

[Prince Yamato]

I think he's talking about just BUYING a handgun.

 

[dtalley]

I've never been asked how long I've lived in TX when puchasing a gun. Show them a valid TX DL and pay you are good to go.

 

[rbernie]

You ARE NOT a resident of Texas "as soon as you get your drivers license". The federal gov't defines state residency as 90 consecutive days of residence in-state.

I do not believe that to be correct....

Don't take anyone else's word for it (including the dealers because many of them are unclear on this)... call the ATF yourself and verify it. I did.

And if you called twice and talked to two different people - you'd get two different answers, neither of which would be legally binding.

If you want to consult the Oracle, you need to do so in writing. Alternately, you could just scurry yourself down to the local FFL and see if they have any issues selling a firearm to someone with a brand new DL.

 

[Cato the Younger]

Thanks for all the advice

Dear All,
Thank you for all of the advice. I think I will either A. ask the ATF for a letter clarifying the law or B. just wait the 90 days from both the issuance of my DL and the start of my residence here (as measure by apt. rent and utility bills). I will also look into getting my CHL at some point, when I have 10 hrs free on a Sat.

Thank you for all of the advice- that is why I love this forum.

 

[wdlsguy]

5. 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 a member of the Armed Forces on active duty, his or her State of residence also is the State in which his or her permanent duty station is located. An alien who is legally in the United States is a resident of a State only if the alien is residing in the State and has resided in the State continuously for at least 90 days immediately prior to the date of sale or delivery of a firearm.

ATF Form 4473