Posted: 2/15/2011 6:21:38 AM EDT
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If my primary residence is in one state but I own a home in another state can I buy guns in both states?
Example: I live in NJ. If I bought a summer home in NH could I buy guns in NH whenever I'm there? If so what kind of ID do you get to do this? I did a quick read and the only state that you can get a second drivers license is FL. So I couldn't get a NH drivers license as long as my primay residence is in NJ. Thanks in advance and spare me the "leave NJ and live in NH full time" comments. Posted Via AR15.Com Mobile |
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Quoted: Ok. So if I own a house in two different states what kind of ID do I need to buy firearms in the state that isn't my primary residence? Posted Via AR15.Com Mobile you might be able to buy long guns in both states, but you can only purchase handguns in the state you reside in. Example - My home of record is in WI (have WI drivers license), but I reside in VA. Legally I should only buy handguns in VA. I use my mil orders and ID (along with VA concealed carry permit) to buy handguns here. |
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Quoted: Ok. So if I own a house in two different states what kind of ID do I need to buy firearms in the state that isn't my primary residence? Posted Via AR15.Com Mobile I don't think you can. IIRC that's the same dilemma that cost Cav Arms their FFL... selling handguns to someone whose primary residence was in CA, but they still had an AZ ID. |
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Not as a summer residence. while you may be able to get away with it; any firearm you purchase needs to be legal in your state of residence. change your residence to NH, stay in NH more than half a year and go ahead or start an LLC or trust based in NH, firearms not legal in NJ are purchased by the trust/llc and kept in NH |
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Ok. So if I own a house in two different states what kind of ID do I need to buy firearms in the state that isn't my primary residence? Posted Via AR15.Com Mobile I don't think you can. IIRC that's the same dilemma that cost Cav Arms their FFL... selling handguns to someone whose primary residence was in CA, but they still had an AZ ID. He had a fraudulent AZ ID card. BATF has ruled you are a "resident" of the state during the time you reside in that states. If you spend every winter in Cali and every summer in Nevada you can buy guns in Cali during the winter and guns in Nevada during the summer. In fact there is not even a requirement you have a DL or ID. You simply have to proove residency which can be done with stuff like mortgage papers and utility bills. |
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This question is covered at length in the ATF "Federal Firearms Regulations Reference Guide".
First of all, the fact that you own property in another state does not necessarily give you the legal right to purchase a firearm there. However, if you actually RESIDE in both states, then it works this way: If you are a legal resident of NJ, but you commute to NH every weekend, then you become a "temporary resident" of NH while you are there. The same applies if you own a summer home in NH. You are a resident of NJ while you are living there, and become a temporary resident of NH during the summer months if you regularly spend summers in NH. If, however, you only spend occasional weekends at your "summer home", I would doubt that you qualify for the status of "temporary resident". For military personnel, it works in a similar fashion. If you are a legal resident of Wisconsin, and get stationed in Virginia, then under the provisions of GCA '68, your are legally able to buy a handgun in either state. Also, if you are a college student who resides in one state and goes to college and lives in another, then you are a resident of your home state while you are there, and a resident of the state where your college is located while you are attending college. You may run into a problem with state law, however. Several months ago, a guy walked into the gun store where I work and wanted to buy a Glock 19. He was a legal resident of Virginia, and had a valid Virginia voters card. However, he lived in Florida for 6 months out of the year, and had a Florida drivers license. Virginia law requires that a handgun purchaser have a Virginia drivers license or some other form of Virginia state-issued photo ID. This guy had a US Coast Guard Mariners license that showed his Virginia address, but the state police told us that we could not accept that because it was not issued by the state. |
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Quoted: This question is covered at length in the ATF "Federal Firearms Regulations Reference Guide". First of all, the fact that you own property in another state does not necessarily give you the legal right to purchase a firearm there. However, if you actually RESIDE in both states, then it works this way: If you are a legal resident of NJ, but you commute to NH every weekend, then you become a "temporary resident" of NH while you are there. The same applies if you own a summer home in NH. You are a resident of NJ while you are living there, and become a temporary resident of NH during the summer months if you regularly spend summers in NH. If, however, you only spend occasional weekends at your "summer home", I would doubt that you qualify for the status of "temporary resident". For military personnel, it works in a similar fashion. If you are a legal resident of Wisconsin, and get stationed in Virginia, then under the provisions of GCA '68, your are legally able to buy a handgun in either state. Also, if you are a college student who resides in one state and goes to college and lives in another, then you are a resident of your home state while you are there, and a resident of the state where your college is located while you are attending college. You may run into a problem with state law, however. Several months ago, a guy walked into the gun store where I work and wanted to buy a Glock 19. He was a legal resident of Virginia, and had a valid Virginia voters card. However, he lived in Florida for 6 months out of the year, and had a Florida drivers license. Virginia law requires that a handgun purchaser have a Virginia drivers license or some other form of Virginia state-issued photo ID. This guy had a US Coast Guard Mariners license that showed his Virginia address, but the state police told us that we could not accept that because it was not issued by the state. |
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18 USC 922(a)(1)(A); It shall be unlawful for any person except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce 18 USC(a)(3); (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter 18 USC(a)(5); (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; 18 USC 922(b)(3); It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States) |
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18 USC 922(a)(1)(A); It shall be unlawful for any person except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce 18 USC(a)(3); (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter 18 USC(a)(5); (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; 18 USC 922(b)(3); It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States) Thats for non-resident sales. It does not apply to someone who lives in different states different times of the year. |
| I'm in a similiar situation to the OP. I have a FL driver's license and a house there as well but living in Minnesota since Oct. I want to start my first AR build and have been trying to figure out if and how I can get a stripped lower here. From what I've seen so far, long guns and shotguns shouldn't be a problem but handguns and NFA items are probably a no-go. |
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No. you are only supposed to have a DL from one state. Nevada will let you get a seasonal resident ID card once you have been there for 90 days. There is nothing illegal about having an "ID" from two states. The OP just needs to get an ID card from NH. |
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From the ATF website (www.atf.gov):
Q: What constitutes residency in a State? The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication. [18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11] Q: 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. [27 CFR 478.11] |
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Quoted: Quoted: Quoted: No. you are only supposed to have a DL from one state. Nevada will let you get a seasonal resident ID card once you have been there for 90 days. There is nothing illegal about having an "ID" from two states. The OP just needs to get an ID card from NH. I need to get down and get a State ID card to go with my DL. That way when traveling I'll have a back up ID, if I lose my wallet. 2 is 1, 1 is none.  |
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Ok. So if I own a house in two different states what kind of ID do I need to buy firearms in the state that isn't my primary residence? Posted Via AR15.Com Mobile I don't think you can. IIRC that's the same dilemma that cost Cav Arms their FFL... selling handguns to someone whose primary residence was in CA, but they still had an AZ ID. In fact there is not even a requirement you have a DL or ID. You simply have to proove residency which can be done with stuff like mortgage papers and utility bills. You absolutely cannot use mortgage papers or utility bills or other such paperwork to prove residency. You must use a valid, government-issued photo ID, or a combination of such IDs. |
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Ok. So if I own a house in two different states what kind of ID do I need to buy firearms in the state that isn't my primary residence? Posted Via AR15.Com Mobile I don't think you can. IIRC that's the same dilemma that cost Cav Arms their FFL... selling handguns to someone whose primary residence was in CA, but they still had an AZ ID. In fact there is not even a requirement you have a DL or ID. You simply have to proove residency which can be done with stuff like mortgage papers and utility bills. You absolutely cannot use mortgage papers or utility bills or other such paperwork to prove residency. You must use a valid, government-issued photo ID, or a combination of such IDs. Federal law is identity must be proved with government ID. Residency can be proved by other means. In fact in my state a DL or ID is specifically not proof of residency. When i first moved to California, and prior to obtaining a California DL i used my Michigan drivers license to proove identity and my residential phone bill to proove residency to buy guns. |