Buying an AR in Florida as a NY resident

[CapnMac]

It's not clear that people roaming from place to place are less "worthy" to have a gun. As a matter of fact they may legitimately need one more than someone with established roots in a community.

When Texas' CHL law first came out, many were surprised to see how much verbiage was committed to itinerants.(particularly the reduced cost of the then CHL).

The downside is that, at least as far as purchases are concerned, this would make state law moot and unenforceable.

And, Aye, that's the rub.
And, it's one where "residency" gets all confused. Many States have minimum amounts of time before one can get a DL (rather a few have maximum amounts of time a person can live, permanently, at a new address before getting one's ID updated.
Voter registration is also time-locked to a location as well. Vehicle insurance is very much location-specific as well, as the rates are very much position determinant.

There are those who find (and/or imagine) dark and arch motives about all this; this probably give too much credit for method. Particularly when simple ignorance far easier describes the lack.

 

[dogtown tom]

When Texas' CHL law first came out, many were surprised to see how much verbiage was committed to itinerants.(particularly the reduced cost of the then CHL).

"Itinerants" have never received reduced fees..... indigents, on the other hand, continue to.

 

[SamT1]

What about buying an 80% lower and jig, find a buddy to bum some tools and then order the rest of the parts. Would that be legal?

 

[25-5]

Having FL residence can get you a FL ID card. Use that address during purchase. Add a FL CCL and there is no waiting period.
Keep your NJ drivers license in your pocket.

 

[Styx]

What about buying an 80% lower and jig, find a buddy to bum some tools and then order the rest of the parts. Would that be legal?

I was going to say the same thing. Buy an 80% lower and a rifle or pistol kit from PSA... A little more work, but you can still be all in for around $400-$450.

 

[SamT1]

I was able to say the same thing. Buy an 80% lower and a rifle or pistol kit from PSA... A little more work, but you can still be all in for around $400-$450.

I assume its legal since its legal to own and just lots if hurdles to buy. But assume can do more than may a donkey out of you in this case!

 

[hdwhit]

AlexanderA wrote:
This is where it gets confusing. The definition of "resident" varies, according to the context.

Might help clarify things if we used the IRS definition of "resident".

 

[Theohazard]

Might help clarify things if we used the IRS definition of "resident".

But we’re not talking about federal tax laws, we’re talking about federal gun laws. The IRS definition of “resident” is completely irrelevant here, all that matters is the federal definition of “resident” as it pertains to transferring a firearm. For that, see 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, as stated in 18 U.S.C. 921(b). 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 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 to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4.
A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.

 

[25-5]

To obtain a FL ID, proof of residence is required. Utility bills will do the trick.

 

[desidog]

If you're in FL more than 6 months a year, you're really waisting your money by paying taxes as a resident of NY. The tax savings alone will buy you lots of AR's.

 

[25-5]

Per ATF form 4473.
No reference to primary residence.
Instructions state that if you have two places of residence you use the address of the state you're purchasing in.
If in NJ it's that address. If in FL it's that address.
I could not copy the instructions, but it is available on line.

 

[Theohazard]

Per ATF form 4473.
No reference to primary residence.
Instructions state that if you have two places of residence you use the address of the state you're purchasing in.
If in NJ it's that address. If in FL it's that address.
I could not copy the instructions, but it is available on line.

No, that’s not what the 4473’s instructions say. See post #17 where I posted a link to the 4473 and quoted the relevant instructions.

 

[25-5]

"If the transferee/buyer has two States of residence, the transferee/buyer should list his/her current residence address in response to question 2 (e.g., if the transferee/buyer is purchasing a firearm while staying at his/her weekend home in State X, he/she should list the address in State X in response to question 2)."

 

[Theohazard]

"If the transferee/buyer has two States of residence, the transferee/buyer should list his/her current residence address in response to question 2 (e.g., if the transferee/buyer is purchasing a firearm while staying at his/her weekend home in State X, he/she should list the address in State X in response to question 2)."

Exactly, which is not what you said in post #36. You said the following:

if you have two places of residence you use the address of the state you're purchasing in.

But that’s not correct: the 4473 doesn’t say anything about putting the address of the state you’re purchasing in, it says to put the address of the state where you’re living at the time.

 

[25-5]

I agree.

 

[Dibbs]

I snow bird in Florida and was told by a local dealer that you must posses a Florida license to purchase a firearm. I have a Florida concealed weapons permit and still can not purchase a firearm.

If you spend so much time here, why is your drivers license still NY? I would make it a point to establish residency here. Most FFLs are willing to accept a Florida driver's license
as proof of residency. The DMV here, (the local tax office) in Florida is pretty easy to deal with. You'll be in and out in 10 minutes or less, usually. You may like that even better than
buying the AR, after seeing what a big deal they make out of car paperwork in NY.

Without a Florida D/L, I doubt you will get much traction.

 

[25-5]

If you have a residence in FL you can obtain a FL ID card, which is accepted in place of a FL D/L at any FL LGS I have been.
The photo ID's now have an expiration date, just like a D/L.
FL is not my primary residence, just a vacation home.

 

[Rule3]

What is this question still being bantered about?. It seems the OP has come and gone. I am only replying as I saw Florida.

A person with Dual Residence (as in owning and maintaining a home) is able to buy a long gun in Florida.

Many many people live here during the winter and go back North in the Summer
It is not real difficult.

https://www.atf.gov/firearms/qa/what-constitutes-residency-state

What he/she does with it is another story (as in going back to NY.

 

[FLgunfan]

Got everything sorted out. Thanks for the many informative replies