Texas Resident Buying a Gun in KS

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So you don't want to be changing licenses on a regular basis.
The KS one looks to be $10; but the TX DL is like $26, so it could be spendy.

If a KS FFL is willing to use the State-issued Photo ID in lieu of a DL (from memory, the Dealer part of the 4473 does not require a DL, just Identifying documents, could be wrong, would not be the 1st time today--sigh).

The KS DL law only requires a permanent resident to get a DL within 90 days. It does not address those only intending to reside in the State for a given duration.
 
It seems to me, from a gun buyer's perspective, that Texas would be a more fertile field for buying than Kansas. Number of gun shows? Number of dealers? Geographical area? If it was me, I'd just maintain my "official" residence in Texas, and if I found a handgun I really wanted in Kansas, I'd have the Kansas FFL ship it to my Texas FFL. Then travel back to Texas and pick it up.
 
Howdy yall.

I am based in Texas, but will likely be a temporary resident in Kansas for an 18 month period (or thereabouts).
Where you are "based" is immaterial. Where you actually reside is.
Please read https://www.atf.gov/firearms/docs/ruling/2010-6-state-residence/download




I was thinking about buying a gun in Kansas while I am there. This question is NOT about CC reciprocity. It is about any special hoops I would need to jump through because I’m a temporary resident. Can anyone think of any weird waiting periods or any oddball FFL transfers that I would need to do on the purchase side of things? Or is it the same, my temporary status notwithstanding?
As described in the link above, ATF for the purposes of acquiring firearms considers you a resident of the state where you make your home. It does npt require owning or renting property and its possible to have more than one state of residence for the purpose of acquiring firearms.

Where you are registered to vote, where you pay taxes, where you think you are based or where your drivers license is from doesn't matter one bit.
 
Usually not an issue for long-guns. I have bought several while out-of-state and taken possession immediately. Handguns have been shipped backed to local area FFL.
If the OP is residing in Kansas he can buy any type of firearm in Kansas and take immediate possession.
 
The author of the excerpt that you posted is quite correct that a person can "rotate between different places of residence", but they can't be a "Dual Resident" (except for the special case identified by the BATF). The author of the excerpt wrote correctly, even if misleadingly, by using a common legal tactic of first saying what you want the reader to believe (There can be a "Dual Resident"), then using the conjunctive "or", followed by what the law actually says (one can quickly change residency). You're led to believe that both are correct when technically, only one need be correct to make the whole statement correct. They actually teach law students how to do this (stuff) in their "Trial Advocacy" classes.

Let's look at the actual definition of "State of Residence" (Quoted from 27CFR478.11):

"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, as stated in 18 U.S.C. 921(b). 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 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.
Example 3.
A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.
Example 4.
A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X."
First, note carefully the requirement that a person be "present in a state" in order to be a resident of that state. That condition alone makes "Dual Residency" quite impossible (unless one is standing on the stateline with a foot in each state). But then when you look at the examples, and particularly Example 2, it's pretty clear that a person who maintains homes in two states can change their residency as quickly as they can move between their two homes. A lot of folks liken this to being a "Dual Resident" of both states. But when you examine the wording, it's clear that they are not. They are only a singular resident of the state they're currently in.

Example 4 is highly relevant to the OP's situation. I would have to think that application of this example would hold him to be a resident of Kansas for the 18 months he plans to be there.
Example #4 is an alien.....and I'll bet the OP isn't.
Example #2 best describes the OP's situation IMO.
 
I certainly don't know the situation in Kansas, but here in Utah you can get a free state issued photo ID card. That might be helpful.
OP already has a government issued photo ID....his TX DL or LTC.
The instruction on the Form 4473 describe to the buyer and gun dealer that if the government issued photo ID is not the same as the current residence address, then additional government issued documents showing the buyers name and that current address may be used.
So.....The OP can use his TX drivers license and any government document showing his name and address in Kansas. Thats GOVERNMENT document, not a lease agreement, not a bank state, not cell phone bill. You would be amazed at how many people cannot comprehend the difference between a business and a government.:cuss:
It could be as simple as going to WalMart and getting a hunting or fishing license which is a government document. A utility bill from a municipality, city. county. A tax bill. A library card.
 

A residence is anywhere you have an apartment or house where you stay for periods of time. My house here in Utah is a residence. If I were rich, and had a second house on the shores of Lake Tahoe, that would also be a residence. If I also had a long term lease on an apartment overlooking Canon Beach in Oregon, that would be a residence. I could be a resident of Nevada on Tuesday and a resident of Oregon on Wednesday.

But only one residence can be a domicile. Your domicile is your main residence, the one where you vote and pay your state income tax.

George HW Bush kept an apartment in Texas, and that was his legal domicile.
 
FFL's are supposed to be sure the address on your driver's license is correct.
No we aren't. I;m not required by any federal law or ATF regulation to verify the buyers ID documents.


Since changing them has now become more of a hassle because of the new license requirements, you might want to just consider keeping you residency in TX, and any pistols you want to buy in KS, just send to a TX FFL. You could always drive down and get them if you can't wait the remaining time in KS.
There is no such thing as "keeping your residency"......for the purposes of acquiring a firearm you just have to make your home in a state. If the OP is living for a year in KS, he sure is a resident. Please read ATF Ruling 2010-6 linked above.
 
OP already has a government issued photo ID....his TX DL or LTC.
The instruction on the Form 4473 describe to the buyer and gun dealer that if the government issued photo ID is not the same as the current residence address, then additional government issued documents showing the buyers name and that current address may be used.
So.....The OP can use his TX drivers license and any government document showing his name and address in Kansas. Thats GOVERNMENT document, not a lease agreement, not a bank state, not cell phone bill. You would be amazed at how many people cannot comprehend the difference between a business and a government.:cuss:
It could be as simple as going to WalMart and getting a hunting or fishing license which is a government document. A utility bill from a municipality, city. county. A tax bill. A library card.
True enough. But there is no reason he can't have a Kansas ID card if he wants one. And a Kansas ID card, showing his residence address in Kansas, is easy to get and may be helpful. It's a matter of what best suits his purposes.
 
It seems to me, from a gun buyer's perspective, that Texas would be a more fertile field for buying than Kansas. Number of gun shows? Number of dealers? Geographical area? If it was me, I'd just maintain my "official" residence in Texas, and if I found a handgun I really wanted in Kansas, I'd have the Kansas FFL ship it to my Texas FFL. Then travel back to Texas and pick it up.
Sigh.:(
 
A residence is anywhere you have an apartment or house where you stay for periods of time. My house here in Utah is a residence. If I were rich, and had a second house on the shores of Lake Tahoe, that would also be a residence. If I also had a long term lease on an apartment overlooking Canon Beach in Oregon, that would be a residence. I could be a resident of Nevada on Tuesday and a resident of Oregon on Wednesday.

But only one residence can be a domicile. Your domicile is your main residence, the one where you vote and pay your state income tax.

George HW Bush kept an apartment in Texas, and that was his legal domicile.
How many times is "domicile" mentioned in ATF Ruling 2010-6? Or in the instructions to the Form 4473?
NONE. It's irrelevant. Has nothing to do with anything. Not germane in the least.
As a matter of fact ATF expressly disagrees with the concept of a single domicile or permanent home or "official residence"..........and that's a good thing.
 
Where you are "based" is immaterial. Where you actually reside is.
Please read https://www.atf.gov/firearms/docs/ruling/2010-6-state-residence/download
As described in the link above, ATF for the purposes of acquiring firearms considers you a resident of the state where you make your home. It does not require owning or renting property and its possible to have more than one state of residence for the purpose of acquiring firearms.
All this is true, but the question still boils down to what "residence" is. It's a matter of intent: do you intend to make the state your home for an indefinite period? If you are merely visiting, and intend to return to your permanent place of abode, you are not a "resident" of the place you are visiting. The OP was clear: he intends his "visit" to last 18 months. That doesn't sound "indefinite" to me.

All the objective proofs, such as having a driver's license in a state, owning or renting property there, paying taxes there, etc., relate to establishing intent.
 
Kansas is gun (and knife) and constitutional carry friendly state but not tax friendly. When you consider Kansas is a big square state the size of Europe almost with more cows than people then revenue has to come from somewhere and it comes out of resident pockets. There is a state income tax, property taxes and other taxes to pay for schools to educate illegal aliens. And while Kansas is basically a red state it tends to elect Democratic governors thanks to a liberal enclave in and about the Kansas side of Kanas City, MO and the capitol Topeka despite Wichita being the largest city with Sedgwick county population approaching one million souls. So then, my point being, I would retain Texas residency because Texas has no state income tax.

3C
 
Ok, I'll throw in my 2 cents. First, I must disagree with this statement:
Example 4 is highly relevant to the OP's situation. I would have to think that application of this example would hold him to be a resident of Kansas for the 18 months he plans to be there.
OP is NOT an alien. Therefore example #4 does not apply.
Secondly, it appears there is confusion between a "resident" and a "citizen".
For example, you can be a resident in AZ and not be a citizen. AZ citizens can vote and be a beneficiary of all the state's social programs and in-state tuition and hunting licenses, but a resident may NOT vote in AZ elections and is excluded from instate tuition and hunting licenses.
JMHO, of course and IANAL.
 
do you intend to make the state your home for an indefinite period?
Ah, see, you have added something (a logical something) which is not in the language:

27 CFR 478.11:
"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.

A person can intend to only reside in a place for a month, a quarter, a year, the CFR keys off of intent, not time.

Also IRS will be picky as they use that same CFR for purposes of taxation. While @Sovblocgunfan is residing in KS, he will be subject to KS state income taxes, which will be a unique thing, as Texas has no State Income Tax.
 
All this is true, but the question still boils down to what "residence" is. It's a matter of intent: do you intend to make the state your home for an indefinite period? If you are merely visiting, and intend to return to your permanent place of abode, you are not a "resident" of the place you are visiting. The OP was clear: he intends his "visit" to last 18 months. That doesn't sound "indefinite" to me.

All the objective proofs, such as having a driver's license in a state, owning or renting property there, paying taxes there, etc., relate to establishing intent.
Please read ATF Ruling 2010-6 State of Residence.
You are using terms that ATF does not, muddling the thread. "Indefinite" has nothing to do with any part of this.
Living or residing in Kansas for eighteen months ain't "visiting" by any stretch of the imagination.

From that Ruling:
ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an offcampus location, they are considered residents of the State where the on-campus or offcampus housing is located.


A Texan that goes to college at OU is a resident of Oklahoma while living there. When he returns to his home in Texas, he is a resident of Texas.
 
Also IRS will be picky as they use that same CFR for purposes of taxation. While @Sovblocgunfan is residing in KS, he will be subject to KS state income taxes, which will be a unique thing, as Texas has no State Income Tax.

yes correct, although my per diem will be tax free for first 12 mos-I will be considered permanent resident after that.
 
A person can intend to only reside in a place for a month, a quarter, a year, the CFR keys off of intent, not time.
Well, yes, intent is the crux of it. But how can you "intend" to make a home in a state, without giving up your existing home in another state? An "indefinite" stay solves this problem. A definite terminal date (18 months in this case) implies that the stay is a "visit." Just as moving to a state might make you a resident after one day (no lower limit), a "visit" of 18 months might still result in your being a "visitor" (no upper limit).

Now, these rules tend to be more cut-and-dried when it comes to tax purposes. Most states will tax you as a resident if you are physically present in the state for more than 183 days during the year (i.e., more than half the year). (This is the difference between a "domiciliary resident" and an "actual resident," but I digress.) Anyway, the ATF definition of "resident" is considerably more lax than that of the taxing authorities. It has to do more with intent than with physical presence.
 
Most states will tax you as a resident if you are physically present in the state for more than 183 days during the year (i.e., more than half the year). (This is the difference between a "domiciliary resident" and an "actual resident," but I digress.) Anyway, the ATF definition of "resident" is considerably more lax than that of the taxing authorities.
Having pay taxes in several States, my experience was that they defined it as whether I was billing/working within that State, and not any residency status.

27 CFR 478 is used by many branches of Government as a "standard" definition.

It ought to be more simple, but it's not. Such is life. This can be vexing for gun ownership (and paying taxes cuts into the gun budget, too :) )
 
From that Ruling:
ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State.
This ruling does not answer the question, because it hinges on the meaning of "actually resides." Again, that comes down to intent.
A Texan that goes to college at OU is a resident of Oklahoma while living there. When he returns to his home in Texas, he is a resident of Texas.
What a mess. In practice, this means that he can buy guns in both states. Since he presumably retains his Texas driver's license and his home (parents' ?) in Texas, he can return on any given weekend from OU and buy a gun in Texas. Then, when he's at his dorm at OU, he can buy a gun there. (Proving residence in Oklahoma would be a bit more complicated.)

Like many things originating at ATF, logic seems to have nothing to do with this.
 
Having pay taxes in several States, my experience was that they defined it as whether I was billing/working within that State, and not any residency status.
If you have income from a state, but don't live there, they tax you on that income as a non-resident. If you are considered a resident, they tax you on all your income. Double-taxation credits may apply. (Just to clarify, since this is slightly off-topic.)
 
Ok, I'll throw in my 2 cents. First, I must disagree with this statement:
OP is NOT an alien. Therefore example #4 does not apply.

Then I must defend the statement.

The purpose of an example is to better illustrate, and give better context, to the subject of the example. An example does not define the point being illustrated.,

While Example #4 does refer to an "Alien", the point being made about residency is equally applicable to a "Citizen." The federal firearms laws do treat aliens and citizens differently in some regards, but not in regard to "State of Residence."
 
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