trade with a part time resident

NorthBorder

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A person wants to make a swap, his handgun for my rifle. He is a part time resident in Montana and Arizona and he holds a AZ drivers license. He is currently in MT working for 6 months and the trade would occur in MT. Under FEDERAL regulations can anyone cite a USC or CFR statute, or does anyone have any real knowledge that they can share that would prohibit this trade without going thru a FFL? I can't find any info otherwise that can answer this specific question.
Thanks in advance.
 
A person wants to make a swap, his handgun for my rifle. He is a part time resident in Montana and Arizona and he holds a AZ drivers license. He is currently in MT working for 6 months and the trade would occur in MT. Under FEDERAL regulations can anyone cite a USC or CFR statute, or does anyone have any real knowledge that they can share that would prohibit this trade without going thru a FFL? I can't find any info otherwise that can answer this specific question.
Thanks in advance.

Does he meet the legal definition of a resident of montana?
 
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He is currently in MT working for 6 months
The issue hinges on whether he's a Montana resident. You can be a resident of more than one state (say, if you have a second house), but the intention must be to live in that state as a resident. A temporary work assignment, with a known termination date, won't qualify. It has to be at least open-ended.
 
Every state has their own definition of what counts as a resident (and what one needs to do to not be a resident). The answer to this question will depend on what Montana considers to be a resident.

most of what I have heard in the past is people asking the question the opposite way though. Like person moves to Florida for 6 months of the year because lower taxes but Massachusetts still wants tier money because they claim they are still a resident of Massachusetts.

My brother had this issue with California after moving back home to work after attending law school in California.
 
I almost never agree with Alexander A. But he is a lawyer and he knows the stuff if he's telling you that the guy doesn't meet the definition of resident I'd go with that
 
It also may come down to what proof the individual has of residency. Normally, an FFL will accept a state-issued driver's license as proof of residency in that state. But since a person can only have one state-issued driver's license at a time, that becomes a problem for someone claiming residency in two states (each for part of the year). In such cases, utility bills and other secondary proofs of residency can be used. (This of course applies to FFL sellers, but an individual would presumably follow the same standards.) It appears from the OP that the prospective trade partner would lack any of these requisite proofs.

The way out of this is simply to go to a Montana FFL and run the swap through his books. (Remember, an FFL can buy a gun from a resident of any state.) You'll have to pay a fee, but this is the way to keep the transaction unquestionably legal.
 
Well I found this which I believe is true and since a FFL isn't involved and it's person to person IMO it's ok to sell directly. I am an AZ resident as as far as I know we have the same statute.
  • Montana law does not prohibit sales of firearms to out-of-state residents, but federal laws and the laws of your resident state might. Consult your attorney. Are there any laws governing a private sale of firearms in Montana?
  • Montana law does not regulate the private sales of firearms, but federal law does. Consult your attorney.
https://dojmt.gov/features/frequently-asked-firearms-questions/
 
A person wants to make a swap, his handgun for my rifle. He is a part time resident in Montana and Arizona and he holds a AZ drivers license. He is currently in MT working for 6 months and the trade would occur in MT. Under FEDERAL regulations can anyone cite a USC or CFR statute, or does anyone have any real knowledge that they can share that would prohibit this trade without going thru a FFL? I can't find any info otherwise that can answer this specific question.
Thanks in advance.
Did you visit ATF.gov? They have the answers.
https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
To whom may an unlicensed person transfer firearms under the GCA?
A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
 
The issue hinges on whether he's a Montana resident. You can be a resident of more than one state (say, if you have a second house), but the intention must be to live in that state as a resident. A temporary work assignment, with a known termination date, won't qualify. It has to be at least open-ended.
Horsehockey.
College students are a great example: https://www.atf.gov/firearms/docs/r...residency-out-state-college-students/download
ATF Rul. 80-21
[Status of ruling: Active]
The Bureau has been asked to determine the State of residence of out-of-State college students
for purposes of the Gun Control Act of 1968. “State of residence” is defined by regulation in 27
C.F.R. 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 out-of- 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 out
of-State college students actually reside in their home State they are considered residents of their
home State.
 
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He pays taxes on his wages but in MT a person pays income tax on wages that are earned out of state if he legally resides in MT. In this case the guy is currently living and working in MT. that is all I know about him.
 
In this case the guy is currently living and working in MT. that is all I know about him.

Is a stop by a business with an FFL, that will assist with the transfer a deal breaker to him or you?

$20 for a little insurance to not break Federal law, could be money well spent. Even if you have to eat all $20 of the fee yourself.

For me that would be less work than going over details, I don’t know, with the people the ATF suggest but I am friends with a number of FFL’s in my State.

A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.



https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
 
Where you vote, where you pay taxes or how long you must live in a state to be considered a resident by that state means nothing to ATF.
In fact, ATF has a very liberal concept of residency:
2010-6 - State of Residence https://www.atf.gov/firearms/docs/ruling/2010-6-state-residence/download

States may have their own, more restrictive requirements.

This seems to cover it.

The term “identification document” is defined by 18 U.S.C. 1028(d)(3) as “a document
made or issued by or under the authority of the United States Government, a State, political
subdivision of a State . . . which, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the purpose of identification of
individuals.” The regulations, 27 CFR 478.11, define the term “identification document”
as “[a] document containing the name, residence address, date of birth, and photograph of
the holder and which was made or issued by or under the authority of the United States
Government, a State, political subdivision of a State . . . which, when completed with
information concerning a particular individual, is of a type intended or commonly accepted
for the purpose of identification of individuals.” Identification documents include, but are
not limited to, a driver’s license, voter registration, tax records, or vehicle registration. As
explained in ATF Ruling 2001-5 (ATFQB 2001-4, 37), a combination of valid government
documents may be used to satisfy the GCA’s State residency requirement.
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.
 
It is really not this complicated, Read the links in post #6. This topic comes up every week it seems.
 
Do the trade at an FFL...done.
Any other way would put you both in jeopardy of losing your right to own a gun, any gun, or spending a lot of money defending that right.
jmo,
.
 
It sucked fifty years ago. It still sucks. Our conditioning to it over time doesn't mean it's right. It sucks and I'm glad someone noticed.
And 40 and even 30 years ago it was never even a thought, whether or not it was legal. In the 80s, on a big powerhouse job with men from all over the United States, there were weekly and when overtime money was flowing even daily raffles of pistols and rifles. 1 out of 10 men had a ffl and there was a copy of shotgun news on every lunch table. In 83 alone, I bet well over a thousand firearms changed hands in the parkinglot.
 
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