Buying a handgun "out of state" (just moved to a new job)

[RTR_RTR]

I recently moved states for work and am looking to purchase a pistol in the state I just moved to. I have an out of state driver's license and am currently subletting in an apartment until my more permanent apartment becomes available in the next month. I assume it is legal for me to purchase a pistol in my current state, but how do I demonstrate proof of residence? Employment contract? Signed lease? Do I actually need to go to the dmv and get a local drivers license?

Thank you all for any edification

 

[Warp]

I recently moved states for work and am looking to purchase a pistol in the state I just moved to. I have an out of state driver's license and am currently subletting in an apartment until my more permanent apartment becomes available in the next month. I assume it is legal for me to purchase a pistol in my current state, but how do I demonstrate proof of residence? Employment contract? Signed lease? Do I actually need to go to the dmv and get a local drivers license?

Thank you all for any edification

Get a driver license for your new state. You need to do that anyway and it solves your handgun purchase issue.

 

[RTR_RTR]

Thanks, I suppose that's the easiest way. Just puts a kink in my plan to go today, thought about the out of state issue as I was walking out the door!

 

[lysanderxiii]

Get a driver license for your new state. You need to do that anyway and it solves your handgun purchase issue.

Check with your current state laws.

Most states require a valid drivers license for that state, unless you are active duty Military with orders assigning you to your current location.

 

[samuelcmm]

I bought one when I first moved back to ohio with a electric bill and a insurance bill I had just got. I soon changed my license to ohio after but I just hadn't gotten around to it at that point

Sent from my LGLS992 using Tapatalk

 

[herrwalther]

If you can bring in bills delivered to your name at an address in state, you shouldn't have any problems. Some of my first handguns I bought were in college with an out of state DL and an in state cell phone bill. The worst a gun store can do is deny the sale until you get a DL.

 

[RTR_RTR]

Thanks guys. I went ahead and drove out to ask and handle the gun. They ask for a state driver's license. I'll be back!

 

[medalguy]

Ask the dealer what proof he needs. He might accept a lease contract or utility bill.

 

[Warp]

I was denied transfer/sale at an FFL once because I moved from one building in an apartment complex to the other building in the same apartment complex. Literally the only difference is the apartment building number. I filled out the 4473 with my current address but my driver license showed a different apartment building number...I had to go update my driver license and return to the store to get the gun

Another time I was denied because I showed a state issue photo ID (not a driver license, just a photo ID) and they said since it wasn't a driver license they needed to see something else too, with an address, and I didn't have anything with me.



[all of these laws and restrictions are worse than useless of course, but it's what we have right now]

 

[NMPOPS]

I do believe Federal law states that you can only purchase a handgun in your state of residense. You commonly establish legal residense with a Driver's License.

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[GarySTL]

But don't forget folks who have established residence I'm two or more states. Live in one state in winter and another in summer, you can buy in both states. A friend has a SD drivers license and an AZ ID card. He can buy both places.

 

[lysanderxiii]

I do believe Federal law states that you can only purchase a handgun in your state of residense. You commonly establish legal residense with a Driver's License.

Sent from my BNTV400 using Tapatalk

Yes, you are correct about resisdence.

USC 922(b) - It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;

(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;

(4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; and

(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.

Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors. Paragraph (4) of this subsection shall not apply to a sale or delivery to any research organization designated by the Attorney General.

As to dual State residency - "Federal Firearms Regulations Reference Guide" (http://www.atf.gov/files/publication...f-p-5300-4.pdf page 39) states the following:

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.

However, this can be preempted by State laws regarding the matter, so, just because one guy can do it between South Dakota and Arizona, does not mean it is universally applicable [see 922(b)(2)] . . .

 

[lysanderxiii]

I was denied transfer/sale at an FFL once because I moved from one building in an apartment complex to the other building in the same apartment complex. Literally the only difference is the apartment building number. I filled out the 4473 with my current address but my driver license showed a different apartment building number...I had to go update my driver license and return to the store to get the gun

Another time I was denied because I showed a state issue photo ID (not a driver license, just a photo ID) and they said since it wasn't a driver license they needed to see something else too, with an address, and I didn't have anything with me.



[all of these laws and restrictions are worse than useless of course, but it's what we have right now]

See the above:

knows or has reasonable cause to believe does not reside in . . .

look at it from his perspective . . .

It may have been a fat finger mistake on your part, or it could have been someone trying to falsify their address and getting their stories mixed up.

He's just covering his own ass.

 

[Sam1911]

By federal law, you simply must be in the state you live in or in which you are intending to make a home -- as pointed out in post 12.

There may be more specific laws as to how you must establish residency in order to purchase a firearm, that are in effect in some states, but I don't know of any off the top of my head.

What is true, though, is that any FFL dealer will decide what proof he/she needs to see in order to feel you are a lawful resident, so without talking to the dealer, explaining your situation, and asking what documentation they will accept, you can't know how they will handle this.

And that's what the OP already did!

 

[GarySTL]

Yes, you are correct about resisdence.




As to dual State residency - "Federal Firearms Regulations Reference Guide" (http://www.atf.gov/files/publication...f-p-5300-4.pdf page 39) states the following:


However, this can be preempted by State laws regarding the matter, so, just because one guy can do it between South Dakota and Arizona, does not mean it is universally applicable [see 922(b)(2)] . . .

Yes, it's not universaly applicable, but I used my friend as an example of a resident in two states.

 

[25-5]

In my primary state of residence I use only my drivers license for ID. In a secondary state of residence I use only the state's ID. Purchase firearms both places. It is interesting to note that the state ID has part of my drivers license number on it.

 

[Frank Ettin]

In the ATF publication, Federal Firearms Licensee Quick Reference and Best Practices Guide (ATF P 5300.15), describes satisfactory identification as follows (pg 6, emphasis in bold in original, emphasis in italics added):

General Identification Requirements

You MUST verify the identity of each non-licensee buyer by examining the person’s identification document(s) prior to transferring a firearm. A proper “identification document” is:

1. A document containing the name, residence address, 1. date of birth, and photograph of the person;
   
   
2. A document that was made or issued by or under 2. the authority of the U.S. Government, a State or local government, or a foreign government;
   
   
3. A document that is of a type commonly accepted for 3. the purpose of identification of individuals.

Common examples of acceptable identification documents are a valid driver’s license or a valid State identification card issued in lieu of a driver’s license. Social security cards are not acceptable because they do not contain a residence address, date of birth, or photograph. However, a firearms buyer may be identified by any combination of documents which together contain all of the required information (as long as all the documents are Government issued): name, residence address, photograph, and date of birth.

 

[cpask8]

Drivers license is your best bet in any state.