jnojr
Member
So get an ID card for the second state.
Friend wants to buy a gun - possible problems?
- Thread starter Cyanide_357
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So get an ID card for the second state.
Aguila Blanca
Member
Not so fast, mate.
You are omitting one salient point: IF you do indeed have two valid residences (maybe a summer home in Pennsylvania and a winter home in Florida), the BATFE will indeed allow you to purchase a firearm in either state ... WHILE YOU ARE RESIDING THERE. But if your Florida home is basically closed for the season but you make a quick trip down from PA to check for damage after a storm, technically the BATFE says you are not supposed to buy down there at that time.
It's a fine distinction and might never get picked up, but if you're tossing out information, you might as well toss out all of at once.
Otherguy Overby
member
Uh, neither one is a summer home or winter home. When I'm at one, I'm usually there for several months. I think the shortest time I've ever stayed at one was maybe for just over a month.
Here's what the BATF says:
(B13) May a person who resides in one state and owns property in another state purchase a handgun 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 handgun in that state. But simply owning property in another state does not qualify the person to purchase a handgun in that state.
http://www.atf.gov/firearms/faq/faq2.htm#b13
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Anyway the kid in question could legally buy the pistol where he resides, if an FFL would take his out of state license (unlikely). Of course he also can't fib on the 4473.
What the ATF says about ID:
A Social Security card, alien registration card, or military identification alone does not contain sufficient information to identify a firearms purchaser. However, a purchaser may be identified by any combination of documents which together establish all of the required information: Name, residence address, date of birth or age, signature, and photograph of the holder. In addition, the documents used to establish the purchaser's identity must have been issued by a government agency. [27 CFR 178.124( c)]
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You'll please notice it only says the government ID can be used to establish identity. Residency can be established with other documentation the way it sure seems to be written.
Interestingly, this only applies to handguns. Now, with instant NICS checks, residency shouldn't really be a concern anymore and only state restrictions should apply. IOW, one should be able to purchase and receive a transfer from an FFL anywhere a state doesn't prohibit it, as it is with long guns. I'm not going to hold my breath for logic from a governemnt agency, though.
BTW, don't worry about me, mate, one of the houses is for sale and I'm not going to purchase any long guns or handguns there.
How about a really gray area? There are a whole lot of people living full time in RVs, just where can they purchase a handgun? Where their driver license is from? Even though they only have a postal address there? There are a bunch of these people "from" Richardson, Texas called escapees (they've their own zipcode, too).
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