dogtown tom
Member
For the purposes of acquiring firearms, ATF considers you a resident of the state where you make your home. It doesn't matter where your drivers license is issued, where you are registered to vote or where you pay taxes. What matters under FEDERAL law is whether you actually reside in a particular state.So here’s the deal, I’m a resident of NYC but I have a vacation home in Florida. Anytime I go to Florida I’d go with my friends to the range and use their guns. However I was wondering if I could purchase my own rifle(an AR-15) in Florida. Is this possible with me having NY ID? I’ve read that you can purchase a firearm if you are not a resident of Florida and if that firearm complied with laws in my state of residence. But with an AR-15 that wouldn’t be possible. Seeing as I have a vacation home in Florida is it possible?
ATF addressed this in CFR 478.11 as well as Ruling 2010-6 State of Residence. Further the ATF FAQ's.
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.