What determines your state of residence?

[FenderBender]

I have searched and not been able to clearly define what determines an individuals state of residence for face to face sales. For example if two individuals live in the same state but one still has a drivers license from another state, can a face to face firearm sale be done without using a FFL?

I ask this because most college students are able to attend school in another state without being required to get that state's driver license.

So is residence defined by where you are actually living or by what your drivers license says?

Thanks

 

[deanpf]

I'm sure I'm wrong but if you can meet f-f and make the transaction, what's the problem? Who is to know or care about residency?

 

[627PCFan]

I believe your residence is defined by the state in which you pay taxes.

 

[2000Yards]

Residence within a state will be defined by the state. In the example you give, some states specifically exclude students who are "out of state" from being considered as residents of that state, absent meeting other criteria. I don't image residence is peculiar to a face-to-face transfer - you are either a resident of the state, according to the laws for establishing residency in that state, or you're not.

Attending school within a state while the state permits your driver's license to be issued by another state are supporting the state's position that you are not a resident (and therefore often required to pay higher tuition at state schools).

Based on your question/hypothetical you may not be a resident of that state - proceeding with a FtF transfer in that state may be in violation of Federal law, be careful.

2KYDS

 

[2000Yards]

I believe your residence is defined by the state in which you pay taxes.

While this may be true in some state (I don't know), it is not the case in a number of western states (that I've established and not established residency in, at various times). For example, you may live on the border of State A but work in and for a company in State B. You may have to pay state income tax in State A, State B, both or neither depending on the tax regulations of each state. However, you are likely a resident of only one of those states (State A most likely) and I've yet to see residency requirements hinge around tax status (though it's certainly possible).

2KYDS

 

[NavyLCDR]

I believe your residence is defined by the state in which you pay taxes.

Not for firearms.

Residence within a state will be defined by the state.

Not for firearms.

 

[NavyLCDR]

So is residence defined by where you are actually living or by what your drivers license says?

http://ecfr.gpoaccess.gov/cgi/t/tex...iv8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27

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. 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.

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.

 

[NavyLCDR]

So is residence defined by where you are actually living or by what your drivers license says?

And for college students:

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

Page 126

27 CFR 178.11: MEANING OF TERMS

An out-of-State college student may establish residence in a State by residing and maintaining a home in a college dormitory or in a location off-campus during the school term.

ATF Rul. 80-21

"State of residence" is defined by regulation in 27 CFR 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 tates 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 outof-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 outof-State college students actually reside in their home State they are considered residents of their home State.

[ATFB 1980-4 25]

 

[2000Yards]

Thanks for the clarification NavyLT. Regarding:

Applying the above example to outof-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 outof-State college students actually reside in their home State they are considered residents of their home State.

I'm curious as to whether FFL holders perform transfers for someone with a DL from another state, based on the above hypo (or the multi-home hypo); any idea? I imagine that while it may be legal, some would refuse. Perhaps they can accept something other than the DL to establish residency per the rules.

 

[NavyLCDR]

I'm curious as to whether FFL holders perform transfers for someone with a DL from another state, based on the above hypo (or the multi-home hypo); any idea? I imagine that while it may be legal, some would refuse. Perhaps they can accept something other than the DL to establish residency per the rules.

In most cases for rifles/shotguns, yes. Utilizing the 18 USC 922 (b)(3) exception:

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Handguns, no, because the college student would probably not be able to provide an identification document which meets the requirements of 27 CFR 478.11:

Identification document. 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, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi- governmental organization 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 same is true for military spouses who do not change their driver's license. The military member may purchase both handguns and rifles from FFLs in the state they are stationed to by presenting an Active Duty ID Card and a copy of thier orders to that state. The military spouse may only purchase rifles/shotguns from the FFL under the 18 USC 922(b)(3) exception if they do not change their driver's license to the new state.

There are no Federal requirements for any kind of identification document in a private party sale.

 

[unspellable]

Two states

This one affects me too. As a resident of two states, the way I read the federal law I am eligible to buy a hand gun in either state, but you can only have a driver's license for one state so what do you do for ID to make a purchase in the other state? Particularly in my case since the "other" state requires a state permit for the purchase?

There are all kinds of catch 22s in this sort of situation.

 

[Guns and more]

There are all kinds of catch 22s in this sort of situation.

Indeed.
Wait until they regulate your health care.

 

[NavyLCDR]

There might be an exception in state law that would allow you to obtain a state ID card that would not be a driver's license. Most states have laws that require you to switch you driver's license after a certain period of time of residency in that state anyway, though.

Washington state laws, for example, allow both military members and their spouses to obtain a Washington State ID card and maintain their home state driver's licenses. I have a Washington State ID card and a Wyoming Driver's license and a Washington Concealed Pistol License. I can (and have) taken my Washington State ID Card and CPL into an FFL and walked out with a handgun within just a few minutes with only the normal processing required.

 

[NMPOPS]

In New Mexico, for handguns purchase from and FFL, you must have a NM DL or ID card unless you are active duty military stationed in NM. There is no provision for issuing an ID card if you have a DL from another state. Face to face, non FFL does not require paperwork of any kind. Also I would assume the residence you list on your tax return would be your state of residence

 

[unspellable]

Another goofy aspect

Another goofy aspect of this is that I can go to another country, take up legal residence there and keep my home state legal residence including absentee voting. But I can't go to another state and keep my home state residence.