Posted: 4/17/2012 8:44:57 AM EDT
Really basic question (hopefully). 
I live in the UK and despite having US citizenship, I've never purchased a firearm in America. My understanding is that a clean criminal record, no history of serious mental illness, and citizenship would allow me to purchase a firearm from a registered FFL. When I last visited America, there were many signs mentioning an ATF requirement for proof of residency being required to purchase and I wondered if that meant a US citizen would be prohibited from purchasing if they live abroad? Gun shows and private sales would probably be different, but this is regarding a shop purchase with mandatory background check. How about CCW licenses? Most states probably only issue those to their respective residents, right? If I was in a state such a VT that doesn't require a CCW, would it be illegal for me to carry a concealed firearm? Thanks. |
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"Residency" usually refers to "lawful permanent residents" - i.e. those with status LESS than full citizenship.
If you are a U.S. citizen, you cannot also be an LPR. As a citizen (and assuming you do not have a disqualifying criminal conviction or other condition spelled out on the background check form available from any FFL/gunshop), you can buy a firearm. It is your constitutional right to own one. In addition to federal law, you must follow the laws of the state where you live. Proof of state residency is required because you can only buy a handgun in your own state of residence. Long guns can be purchased in other states, so long as the laws of your home state are followed, as well as the state where you buy the long gun. Now, it appears you currently live in England and not in any state in the USA. Thus, in your particular case, any purchase/transfer you make here in the U.S. would presumptively be for export. Export is another matter entirely & is getting more complicated every year. Until you arrange to navigate this separate area of regulation, you cannot obtain a firearm here. To simplify your situation, I suggest you return to your country of citizenship (the U.S.A.), and establish state residency in the state of your choice. THEN you can start shopping for a gun. I have a cousin who is a U.S. citizen but grew up in Canada. After moving to Florida for about 6 months, he used his passport as proof and now owns a Glock & a few other guns. |
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Thanks.
I did look at export, but decided against it. I visited America recently to go shooting and considered purchasing a rifle to leave there with an acquaintance. Whilst the person left holding the rifle would be eligible to purchase their own, it did occur to me that it might violate some sort of "straw purchase" law, or count as some sort of dodgy private sale. I remember discussions about regulations on private sales in several states, and they seemed to have numerous regulations in some states. |
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If you purchased a firearm, and left it in the custody of someone, you would not be committing a crime unless you transferred the gun to them and they were not a resident of the same state as yourself.
However, I am unsure of your status when purchasing a firearm. You would still need to establish residency for the purpose of buying a handgun, since an FFL can only transfer a firearm other than a long gun to a resident of the same state. |
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When you go to do the 4473, you will be required to show your driver's license. If your driver's license shows your current address and your current address is outside the U.S., the dealer cannot proceed with the transaction. If your driver's license does not show your current address, you are required to show some sort of government-issued paperwork (CCW license, city utility bill, vehicle registration) that does show your current address. If the address on that ID is outside the U.S., the dealer cannot proceed with the transaction.
Bottom line: if you don't have an ID showing a U.S. address of yours, you can't purchase a firearm. Doesn't matter what type of firearm you're buying. |
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New Court Case Seeks Firearms Rights for U.S. Citizens Living Abroad
One of the more interesting cases they’ve filed in recent weeks is one concerning Stephen Dearth, a U.S. born citizen who now lives in Canada. Dearth, who actually has a valid Utah CCW permit, wants to purchase a firearm in the U.S. for self-defense for when he visits friends and family, but cannot due to federal restrictions. Here is his situation, as detailed in the lawsuit:
more at link.
Plaintiff Stephen Dearth is fully qualified to obtain, own and possess firearms under federal law—but for his lack of residence in the United States. The law does not consider Dearth a danger with guns: he is permitted access to firearms for “sporting purposes,” a trust not provided felons, mental incompetents, or other categories of people disqualified from possessing weapons for readily obvious and compelling safety reasons. And were Dearth merely to relocate to the United States, he would face no federal firearms restrictions whatsoever. However, because Dearth happens to make his home across the border in Canada, Dearth risks arrest and prosecution should he attempt to acquire a firearm in the United States for self-defense. Indeed, Dearth cannot buy a gun within the United States, for any reason, by sole virtue of his foreign residence. |