Posted: Today 12:43:31 AM EDT
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Neither seller nor buyer is an FFL. Neither is a prohibited possessor. Both US Citizens. Buyer lives in AZ. Seller owns a home in AZ and lives there for 3 months out of the year, and lives outside the US for the remaining 9 months of the year. When the seller is living in AZ during those 3 months, can he legally sell a firearm to another AZ resident, face-to-face? |
https://www.ArizonaShooting.org
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Sounds like me (typical 90/30 overseas work rotation). Not a lawyer but I’ve never know AZ to care. FTF is completely legal w/o background check (which a citizen can’t do anyway) and the only caveat I have seen is someone asking for a copy of the buyer’s DL in order to be able to say “Detective, I sold the firearm to this guy.” Have I ever been asked to provide DL? No. Have I ever asked for a DL? No. |
I wanted a mission, and for my sins, they gave me one.
No rules today, sport…just orders.
It’s not about how many people you kill, it’s about how many you save.
No rules today, sport…just orders.
It’s not about how many people you kill, it’s about how many you save.
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Originally Posted By backbencher: Both are AZ residents. Three months in Arizona is probably too short of a time to meet any residency requirements, regardless of property ownership. |
The Second Amendment: Preserving our right to petition the government - with malice.
"I guess it comes down to a simple choice, really. Get busy livin' or get busy dyin'."
Virginia Is For Loners (™)
"I guess it comes down to a simple choice, really. Get busy livin' or get busy dyin'."
Virginia Is For Loners (™)
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Originally Posted By Lexington: Three months in Arizona is probably too short of a time to meet any residency requirements, regardless of property ownership. If someone is a US citizen and splits their time equally among 4 different locations for 3 months each, are they never allowed to buy/sell a firearm without an FFL involved? From some "AI research" (which could be wrong), here's what it returns: In 27 CFR 478.11, the federal definition states: "A chief component of the definition of 'State of residence' is bodily presence in a State. ... If a person maintains a home in two States and resides in both States for certain periods of the year, he may, during the period of time he actually resides in a particular State, purchase [or sell] a firearm in that State." Federal law only requires that you are physically present in the state with the intent of making a home there at that exact moment. It does not matter if that stay lasts 6 months, 3 months, or 3 weeks. The ATF's official example involves a college student who lives in one state for 9 months of school and another state for 3 months of summer. The ATF rules that the student is a legal resident of the summer state for those 3 months proving that a 90-day stay is perfectly legal. As established in ATF Ruling 2010-6, this exact same logic applies to U.S. citizens who live abroad for 9 months and return to their U.S. home for 3 months. For those 3 months, their legal "State of Residence" is Arizona. |
https://www.ArizonaShooting.org
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Originally Posted By Lexington: Three months in Arizona is probably too short of a time to meet any residency requirements, regardless of property ownership. I didn’t even do my 3 months all at once: 3 months/hr; 1 month every 90 days. |
I wanted a mission, and for my sins, they gave me one.
No rules today, sport…just orders.
It’s not about how many people you kill, it’s about how many you save.
No rules today, sport…just orders.
It’s not about how many people you kill, it’s about how many you save.
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Originally Posted By jtb33: Does ATF care about "residency requirements"? Or is that just an IRS/Tax thing? If someone is a US citizen and splits their time equally among 4 different locations for 3 months each, are they never allowed to buy/sell a firearm without an FFL involved? From some "AI research" (which could be wrong), here's what it returns: In 27 CFR 478.11, the federal definition states: "A chief component of the definition of 'State of residence' is bodily presence in a State. ... If a person maintains a home in two States and resides in both States for certain periods of the year, he may, during the period of time he actually resides in a particular State, purchase [or sell] a firearm in that State." Federal law only requires that you are physically present in the state with the intent of making a home there at that exact moment. It does not matter if that stay lasts 6 months, 3 months, or 3 weeks. The ATF's official example involves a college student who lives in one state for 9 months of school and another state for 3 months of summer. The ATF rules that the student is a legal resident of the summer state for those 3 months proving that a 90-day stay is perfectly legal. As established in ATF Ruling 2010-6, this exact same logic applies to U.S. citizens who live abroad for 9 months and return to their U.S. home for 3 months. For those 3 months, their legal "State of Residence" is Arizona. ATF most certainly cares about residency requirements. Those are what make a person a legal resident of a State, and what allows (or disallows) you from doing FTF firearms sales with them. I brought it up so you could consider it. |
The Second Amendment: Preserving our right to petition the government - with malice.
"I guess it comes down to a simple choice, really. Get busy livin' or get busy dyin'."
Virginia Is For Loners (™)
"I guess it comes down to a simple choice, really. Get busy livin' or get busy dyin'."
Virginia Is For Loners (™)
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So help me understand what this means: In 27 CFR 478.11, the federal definition states: "A chief component of the definition of 'State of residence' is bodily presence in a State. ... If a person maintains a home in two States and resides in both States for certain periods of the year, he may, during the period of time he actually resides in a particular State, purchase [or sell] a firearm in that State." In my scenario, if a person owns two homes - one of them outside of the country, and another in AZ... and he only lives in the one in AZ for 3 months each year, I assume he would not be considered a resident of the state of AZ. So how does that impact his ability to buy or sell a firearm when he's living in AZ in those 3 months without going through an FFL? |
https://www.ArizonaShooting.org
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IMO, sounds good to go so long as the transfer takes place during the time the guy is currently living in AZ. It sounds like the AZ home is the "primary residence" where he intends to "make a home", and the place outside the US is just his temporary/work location? The law puts a lot of weight on "the intention of making a home in that State." to determine residency. It needs to be a place where you intend to make a home, not a vacation or temp work type situation. This is how it's defined in the CFR: 27 CFR 478.11 - Meaning of terms ... 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. |