It started with a change to "Ship or Transfer"

[MegaFan]

There are a few exceptions for "across state line transfers" for non-licensees but please do NOT consider this as legal advice. Although I have yet to do this, it is my belief that I personally meet the dual state exception based on the following ATF example of dual state residency as related to the Gun Control Act (GCA). The document can be downloaded at the following link:
https://www.atf.gov/file/84321/download

Specifically, "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."

Currently, I reside in Georgia during the week and live in Alabama on the weekends. Additionally, I spend my summers at the lakehouse in Wedowee, Alabama. In my opinion, I meet the conditions stated in the example and could legally buy or trade for your Sig "during the time I am a resident of Alabama".

Why bring this up, you might ask? I am interested in your Sig, and could offer a decent selection of AR trades and/or cash, or other Sig 40's. However, I have posted this to see and listen to other interpretations of the ATFs example, especially from the knowledgeable Moderators, such as @VHinch, or our resident law and legal experts.

I re-posted the quoted info above soliciting feedback from other members regarding doing a deal with an Alabama Sig Legion owner. I have not moved forward with trying to do the deal, and welcome any interpretations of this particular "dual state residency" example. I tend to err on the side of caution and this example seems to be in a "grey area", so I'll most likely not to do the deal, but would like thoughts from others. I also recognize that the cost of a transfer is pretty cheap compared to a potential legal issue, but the example seems pretty straight forward.

 

[StuP]

You'd have to convince the seller, not yourself Seriously, I'd call them and ask.

 

[TheGman]

What state issued his DL and CCW?

 

[Radar363]

Can't you just go through an FFL in this case?

 

[MegaFan]

You'd have to convince the seller, not yourself Seriously, I'd call them and ask.

I guess I am more interested in the law, as I buy often, seldom trade, and rarely sell. Using the example that was cited seems to mean that I could do an individual deal with someone in AL when I reside in Alabama (on weekends and during the summer months), even though my carry permit and DL are in GA. You're right, the issue is really a seller issue, but I would never want to jeopardize someone else's rights either.

 

[StuP]

I mean call the BATF and ask. Couple of times I've spoken to the Atlanta office they've been helpful.

 

[MegaFan]

What state issued his DL and CCW?

Not sure if he has a CCW and, as a buyer, that is not my concern, right? His DL is GA still, but, by law, he resides in AL; therefore, he is an Alabama resident even though he hasn't yet changed his documentation. Again, the seller should be just as concerned about my status as I am regarding an "in state/resident buyer" vs an "out of state/non-resident buyer".

 

[TheGman]

Not sure if he has a CCW and, as a buyer, that is not my concern, right? His DL is GA still, but, by law, he resides in AL; therefore, he is an Alabama resident even though he hasn't yet changed his documentation. Again, the seller should be just as concerned about my status as I am regarding an "in state/resident buyer" vs an "out of state/non-resident buyer".

Good questions in for answers

 

[gh1950]

I re-posted the quoted info above soliciting feedback from other members regarding doing a deal with an Alabama Sig Legion owner. I have not moved forward with trying to do the deal, and welcome any interpretations of this particular "dual state residency" example. I tend to err on the side of caution and this example seems to be in a "grey area", so I'll most likely not to do the deal, but would like thoughts from others. I also recognize that the cost of a transfer is pretty cheap compared to a potential legal issue, but the example seems pretty straight forward.

There is no such thing as concurrent dual state residency. You can be a citizen of two countries, but not a resident of two states. (Amending this to say that there is a limited exception for active duty military.)

You can be domiciled in 2 states, which is what you are talking about when you say you "live" in two states.

If you had "dual state residency" you could vote in both states, have a drivers license in each state. and so on.

"Residency" is based on your current state of mind to remain in certain place. Being as no one can prove your state of mind, it is proven by extrinsic evidence, meaning where does your mail go, where is your DL, where are your vehicles registered and so on.

 

[MegaFan]

There is no such thing as concurrent dual state residency. You can be a citizen of two countries, but not a resident of two states. (Amending this to say that there is a limited exception for active duty military.)

You can be domiciled in 2 states, which is what you are talking about when you say you "live" in two states.

If you read the ATF example and the linked document, you will find that more than just military exceptions are discussed, including college students in one state, where they are considered residents while in school and residents in their home states when they return (with no change in ID/documentary evidence). I don't care to argue with you or anyone else, but I posted an ATF reference for consideration of fact and welcome you to do the same.