two state residence and intrastate-transfers

[Andras]

My parents are retired and live both in my state and also have a cabin in Maine for May-Oct.

A month or so ago my mom called me and asked if I wanted a rifle some guy was selling at a yard sale. I said I wasn't sure if it was legal for her to buy it in a FTF transaction because I didn't think she was a legal resident of Maine.

It turns out that the ATF only cares if you have a home in that state and are 'residing' in it at the time of the transaction.

It seems to me that it would be legal for her or my father to purchase a FTF firearm there, and when they return to MD FTF it to me either as a gift or a sale.

Does 'straw purchase' (if I'm the actual intended recipient at some later date) come into play when you buy a FTF firearm or is that only if you buy one on a 4473 from an FFL?

 

[natman]

From the ATF Firearms FAQ:
http://www.atf.treas.gov/firearms/faq/faq2.htm#b12



"B12) May a person (who is not an alien) 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. However, simply owning property in another State does not qualify the person to purchase a handgun in that State."

So if you can buy a handgun based on dual residency, the chances are excellent you can buy a long gun on the same premise.



Disclaimer: I am not a lawyer, I am especially not your lawyer, take all legal advice on the internet with a grain of salt, including mine. Contact the ATF / your state DOJ directly and get their advice in writing. Then follow it.

 

[Aguila Blanca]

Sounds okay to me. The BATFE said so. (No sarcasm intended ... as noted, the FAQ very clearly addresses dual residency.)