Posted: 12/8/2008 12:31:32 PM EDT
| Anyone have the link to the ATF opinion about dual residency, living half in one state, and half in another? I remember reading an oppinion that a guy who lived something like six months in his home in one state, and six months in his home in another state. |
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Almost all of your ATF questions can be easily answered by consulting the ATF Firearms FAQs:
http://www.atf.gov/firearms/faq/faqindex.htm And, since I'm in a good mood, here is the specific section you asked about: (B11) What constitutes residency in a State? [Back]
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] (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? [Back] 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] FluxPrism |
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http://www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm 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. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. 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 is a U.S. citizen and 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 on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days. |
