Residency question...

[Frog48]

I live in Texas, and own a home. Hypothetically, lets say that I buy a lakehouse in a neighboring state. Also, lets say I own real estate in both states, recieve mail at both residences, and split my time 50/50 between the two residences.

Is it legal to possess drivers licenses in both states?

If so, when filling out a 4473 at a gunshop, which address and/or drivers license should I use? Seeing as though I wouldnt have a primary residence, per-se.

 

[Art Eatman]

"Is it legal to possess drivers licenses in both states?"

Texas law says thou shalt not. Dunno about NM, OK, AR or LA. Odds are, uh-uh.

Best to stick with where you are registered to vote. That's your legal residence.

That said, federal law has some deal for folks like you, about gun purchases in the state where you spend a lot of time but aren't a voting resident. Somebody else is going to have to cite that one, though.

Art

 

[mp510]

ATF does have allowances for individuals to use temporary/part-time addresses for firearms purchases; intended for people who are (for example) military, students, and individuals who split their time between 2 addresses. This doesn't apply to folks who only use the second address as a temperary retreat- ie. folks who have a hunting cabin or weekend apartment CANT use that address.

 

[19-3Ben]

Cant say for certian about Texas state laws regarding driver's licenses, but for legal reasons, it sounds like you have residence in both states, however you only have domicile in Texas. You are physically and lawfully in TX with the intent to remain there. Therefore there is domicile.
You can only have domicile in one state at any given time, and you don't intend to remain in the neighboring state and use it as your main residence. Therefore, there is no domicile. Those are federal definitions/laws.

Disclaimer: I'm a law school student, but not a lawyer. Use any of the above info at your own risk. This was free advice, and free advice is usually worth what you pay for it.

 

[Frog48]

Thanks guys!

I really have no reason to need 2 drivers licenses, nor need to purchase guns out of state, it was purely curiousity.

 

[Jimmie]

ATF answer

Ask and ye shall receive:

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 2.
A is a U.S. citizen and maintainsa 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.

27 CFR 478.11

 

[DMF]

ATF does have allowances for individuals to use temporary/part-time addresses for firearms purchases; intended for people who are (for example) military, students, and individuals who split their time between 2 addresses.

No they don't. For example an active duty military person is considered a resident of the state where their permanent duty station is located, for the purposes of buying firearms. There is no general exception that would allow a military person to be considered a resident in more than one state for the purposes of buying a firearm. There is one very specific exception for an active duty military person who lives in one state and commutes a short distance to their duty station in a neighboring state.

We've covered this ad nauseum on this forum, yet people still want to perpetuate many myths about this topic. Here is a link to a previous discussion with citations: http://thehighroad.org/showthread.php?t=305069&highlight=active+duty

 

[Prince Yamato]

Yes, you CAN be a resident of two states. Yes, you CAN purchase long guns or handguns in EITHER state. You simply need to explain your situation to the FFL you're buying from and show them proof (in the form of paperwork- ie, apartment bills, phone bills, utility). Generally, though, an FFL will look on you with suspicion and probably won't sell to you. I don't think many people are familiar with the law.