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Posted: 7/18/2018 2:49:46 PM EDT
So I have temporarily relocated from my home state, but I still maintain residency in my home state.
Is there any way to have an approved Form 4 sent to another for me to pick up.
I feel like I already know the answer but I just want to make sure.
Link Posted: 7/18/2018 3:55:16 PM EDT
[#1]
Are you the party selling the NFA item or are you buying it?

The approved Form 4 will be mailed back to the transferor of the item, aka the seller or the dealer, not to the transferee (buyer).

ETA, Or are you saying you already had a form come back aproved in your old state but didn't get the item from the dealer there yet and want to know if they can now send the form+item to a dealer in your new state?  (spoiler, they cannot without starting over).

If you still maintain residency in your old state, you can still pick up the item there.
Link Posted: 7/18/2018 4:25:48 PM EDT
[#2]
Yeah I guess I didn't phrase that correctly. I figured I'd have to pick it up in my home state. Another question is, can I now add someone to my trust and have them pick it up?
The form 4 is at the dealer.
Link Posted: 7/18/2018 4:38:22 PM EDT
[#3]
That's a good one, I don't know if there is official ATF guidance for this.

But, I think you will find that after the 41F changes, the FFL will be very hesitant to release the item to anyone who wasn't on the trust for the submission and who didn't send in a RP form/fingerprints/photo.
Link Posted: 7/18/2018 10:11:54 PM EDT
[#4]
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Quoted:
So I have temporarily relocated from my home state, but I still maintain residency in my home state...
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Quoted:
So I have temporarily relocated from my home state, but I still maintain residency in my home state...

ATF considers you a resident of the state where you currently reside. It matters not one bit where you think you "maintain residency", where you vote, what state your DL is from or where you pay taxes. ATF Ruling 2010-4 State of Residence

When you go to your dealer to pick up that firearm you'll fill out a Form 4473. It will ask CURRENT RESIDENCE ADDRESS, not home state, not where you maintain residency.

Quoted:
If you still maintain residency in your old state, you can still pick up the item there.
Only if he commits perjury.
Link Posted: 7/18/2018 10:17:06 PM EDT
[#5]
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Quoted:
Yeah I guess I didn't phrase that correctly. I figured I'd have to pick it up in my home state. Another question is, can I now add someone to my trust and have them pick it up?
The form 4 is at the dealer.
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Sure can.
The dealer may ask to see a copy of the trust to see the name of the person picking up the firearm. That person would complete the 4473 and certify in writing that the trust authorizes him to acquire the firearm on behalf of the trust. The dealer would then conduct a NICS check on that person because a background check was not performed by NFA Branch.

It's all right there in the instruction on the Form 4473. But being that your dealer may not have read those instructions or has no intention to read them, he may refuse to transfer.
Link Posted: 7/18/2018 11:15:02 PM EDT
[#6]
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Quoted:

Only if he commits perjury.
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I took the "temporary" in the OP to mean not actually moved, but out of state for extended time such as for work, duty station, etc.

And I hadn't considered the new trust member and the BG check at pickup, I only thought that language on the 4473 was for the interim time before 41F went into effect/went into effect while forms still in process.
Link Posted: 7/19/2018 12:01:32 PM EDT
[#7]
Quoted:

ATF considers you a resident of the state where you currently reside. It matters not one bit where you think you "maintain residency", where you vote, what state your DL is from or where you pay taxes. ATF Ruling 2010-4 State of Residence

When you go to your dealer to pick up that firearm you'll fill out a Form 4473. It will ask CURRENT RESIDENCE ADDRESS, not home state, not where you maintain residency.

Only if he commits perjury.
View Quote
I'm assuming you didn't actully read that.

A person's "State of residence" is defined by regulation in 27 CFR 478.11 as "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."

Quoted:
I took the "temporary" in the OP to mean not actually moved, but out of state for extended time such as for work, duty station, etc.

And I hadn't considered the new trust member and the BG check at pickup, I only thought that language on the 4473 was for the interim time before 41F went into effect/went into effect while forms
View Quote
You are right with your assumption of temporary.
Link Posted: 7/19/2018 1:04:31 PM EDT
[#8]
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Quoted:
I'm assuming you didn't actully read that.  
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Quoted:
Quoted:

ATF considers you a resident of the state where you currently reside. It matters not one bit where you think you "maintain residency", where you vote, what state your DL is from or where you pay taxes. ATF Ruling 2010-4 State of Residence

When you go to your dealer to pick up that firearm you'll fill out a Form 4473. It will ask CURRENT RESIDENCE ADDRESS, not home state, not where you maintain residency.

Only if he commits perjury.
I'm assuming you didn't actully read that.  
Yes, I've read it many times since it was issued in 2010.

A person's "State of residence" is defined by regulation in 27 CFR 478.11 as "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."
Renting an apartment or house for several months= making it your home.
Renting a motel room for the weekend= not making it your home.

Your words were "temporarily relocated".....not a typical way to explain a weekend stay, a week stay or a vacation.

Quoted:
I took the "temporary" in the OP to mean not actually moved, but out of state for extended time such as for work, duty station, etc.
The ATF ruling says short term, transient stays are not enough to establish a state of residency for the purpose of acquiring a firearm.
A member of the military on active duty can claim the state where his active duty station in located and the state where he actually resides.....but not his home "state of record" that he tells the military. Example: A soldier from Arkansas, with an AR drivers license, enlists in the Army and is eventually stationed at Ft Bliss, TX. But he actually lives in a house in New Mexico. His "state of residence" for the purposes of acquiring firearms is not Arkansas, but NM & TX.

You are right with your assumption of temporary.  
His and your assumptions don't count as much as ATF's.
A weekend? Yeah, that's temporary.
A month? Maybe.
Three months, probably not.
Six months, definitely not.
Guess what, grandma and grandpa sell their house and buy a Winnebago to travel the US. They have their mail sent to your house in WV. They keep their DL's from WV, stay registered to vote, pay taxes, etc in WV...…….but they aren't residents of WV because they aren't actually making WV their home. They are transient.

In your head you think you may return to WV?
Do you maintain a household there, returning there often?
If so, you may be able to claim two states of residence for the purpose of acquiring firearms.

This is a pretty liberal ruling by ATF. It doesn't require "establishing residency", doesn't require signing a lease, buying property or even getting a drivers license from your new state...…just live there.
Link Posted: 7/19/2018 2:16:43 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Yes, I've read it many times since it was issued in 2010.

Renting an apartment or house for several months= making it your home.
Renting a motel room for the weekend= not making it your home.

Your words were "temporarily relocated".....not a typical way to explain a weekend stay, a week stay or a vacation.

The ATF ruling says short term, transient stays are not enough to establish a state of residency for the purpose of acquiring a firearm.
A member of the military on active duty can claim the state where his active duty station in located and the state where he actually resides.....but not his home "state of record" that he tells the military. Example: A soldier from Arkansas, with an AR drivers license, enlists in the Army and is eventually stationed at Ft Bliss, TX. But he actually lives in a house in New Mexico. His "state of residence" for the purposes of acquiring firearms is not Arkansas, but NM & TX.

His and your assumptions don't count as much as ATF's.
A weekend? Yeah, that's temporary.
A month? Maybe.
Three months, probably not.
Six months, definitely not.
Guess what, grandma and grandpa sell their house and buy a Winnebago to travel the US. They have their mail sent to your house in WV. They keep their DL's from WV, stay registered to vote, pay taxes, etc in WV....but they aren't residents of WV because they aren't actually making WV their home. They are transient.

In your head you think you may return to WV?
Do you maintain a household there, returning there often?
If so, you may be able to claim two states of residence for the purpose of acquiring firearms.

This is a pretty liberal ruling by ATF. It doesn't require "establishing residency", doesn't require signing a lease, buying property or even getting a drivers license from your new state...just live there.
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After reading more about it my head hurts, I now get what you're saying.
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