-
ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info
It started with a change to "Ship or Transfer"
- Thread starter MegaFan
- Start date
- Status
]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.[/QUOTE]
SO WHAT ABOUT THIS??
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.
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.[/QUOTE]
SO WHAT ABOUT THIS??
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.
An example of not being able to maintain 2 residencies at one time. Documentary evidence of residency is not required, it is just evidence of your current intention to remain in one place. I could move to Alabama tomorrow with the intention to stay there and I would be a resident, but proving that intention is another matter. That's why most states have a grace period for getting new DL and car tags.
Which is exactly what I said.
Living in Athens we run into this issue all the time. In particular, out of state students have some hoops they have to jump through to establish residency.
As a footnote, the census counts the students who live in Athens as part of the Clarke County population, and they figure into all the population based decisions.
You think they would answer if I called now?
Try Monday during business hours.
Not an lawyer by any means, but I can read critically. I read the page listed from the ATF, according to their definitions, a person with a home in each state, is a resident of that state while he/she is in that state. A home has been made in both states.
"Sec. 178.11 Meaning of terms. * * * * * 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."
A bit confusing, but read carefully, seems pretty strait forward. Now that being said, that whole page applies only to FLL holders, not individuals. Unless something has changed recently or my understanding is flawed, GA law requires that only instate handgun sales/trades be performed between residents of GA ( two GA residents can transact with a handgun with no FFL transfer needed.) If a person in GA wants a handgun from a person who is a resident of another state, it must be transferred through a Federal Firearms License holder.
It reads like the federal law says one thing; state law, another. Our government is setup to where federal law is not supposed to trump state law. I doubt you would get a consistent answer from the BATF; four people would give you five answers. I bet it would also stump most FFL holders as well. Long and short, you need an firearms lawyer to answer that question; a fee for a hour of his time will probably be way way more expensive than a transfer
"Sec. 178.11 Meaning of terms. * * * * * 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."
A bit confusing, but read carefully, seems pretty strait forward. Now that being said, that whole page applies only to FLL holders, not individuals. Unless something has changed recently or my understanding is flawed, GA law requires that only instate handgun sales/trades be performed between residents of GA ( two GA residents can transact with a handgun with no FFL transfer needed.) If a person in GA wants a handgun from a person who is a resident of another state, it must be transferred through a Federal Firearms License holder.
It reads like the federal law says one thing; state law, another. Our government is setup to where federal law is not supposed to trump state law. I doubt you would get a consistent answer from the BATF; four people would give you five answers. I bet it would also stump most FFL holders as well. Long and short, you need an firearms lawyer to answer that question; a fee for a hour of his time will probably be way way more expensive than a transfer
The seller would be the one in jeopardy if he claims to be a GA resident and is not or has invalid GA ID.
Valid GA ID would solidify residency IMHO. However as I said earlier in for official answers. Good luck.
My point was exactly this... tell me twenty times to call the BATF and I still won't waste my time after hours/on the weekend! Hey, but maybe I could reach someone on Monday. However, as with the IRS, I don't expect consistency in the interpretation of a purposefully confusing written document. I'll probably just move on.
This is listed under UNLICENSED PERSONS question and answer ATF site.
May a person who resides in one State and owns property in another State purchase a firearm in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.
May a person who resides in one State and owns property in another State purchase a firearm in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.
THIS!
Instead of trying to interpret all the crazy ATF rules, just have him ship it to your favorite FFL and go pick it up there.
The transfer might cost $20 or so, but it’s cheap insurance for knowing that you did everything 100% legally.
- Status
