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Posted: 2/6/2006 6:57:34 PM EDT
Howdy all,

I am planning to send the BATF a leter asking about residency requirements, and if my particular situation would qualify as "making a home" in another state. MAinly this is because I am interested in purchasing a handgun and doing FTF transactions in that state.

Just wondering the normal turn-around time on such general questions.

Thanks
Link Posted: 2/6/2006 7:03:41 PM EDT
Are you work on release from a Federal pen? What's you situation?
Link Posted: 2/6/2006 8:03:38 PM EDT
Normal?

I wouldn't expect anything for a year or so, if ever.

From what I know, it doesn't really matter what ATF thinks, it only matters if you are considered a legal resident of the state in question. If so, you are good to go. You'll probably get much faster response by determining what is required to be considered a legal resident in the state. Call the state's AG office.
Link Posted: 2/6/2006 8:09:43 PM EDT
Ive seen 3-4 month turn arounds...
Link Posted: 2/6/2006 8:12:34 PM EDT
I sent an email to the tech branch and got a response in about a week...
Link Posted: 2/6/2006 8:34:13 PM EDT
[Last Edit: 2/6/2006 8:35:59 PM EDT by dkhntr04]
My situation: 4 year college student in MN and have been living here 75% of the time for the last 2 years, from WI, WI drivers licence, taxes etc. Living here gives me enough to get the MN permit to purchase, but I do not know if it would be kosher from the federal level.

I don't feel like having to drive 6 hours round trip back to WI to get my handgun on my 21st, then turning around and doing the same thing 2 days later after the waiting period is up. I also would like to do FTF firearms transactions here in MN.

I was also going to check the rules regarding >18 but <21 purchases of handguns from non-FFL and if it was legal. Reason I wanted to mail it in was so I had written documentation of my answer.

Thanks, I think I may give email a shot.
Link Posted: 2/6/2006 8:42:29 PM EDT
States determine residency requirements, not the Feds. If you are considered a legal resident of the state in question, that is all you need, there are no further Federal stipulations.
Link Posted: 2/6/2006 9:03:10 PM EDT
[Last Edit: 2/6/2006 10:37:58 PM EDT by dkhntr04]
Can I be a legal resident of both states? Hmmm.. The reason I wanted to check with the feds is because it is a federal law that prohibits FTF non-FFL transfers between residents of seperate states. From reading some info on the ATF website, especially with regards to AD millitary, they are the ones who determine if they are a resident for GCA purposes. The state by state paperwork and applying for residency doesn't matter.

MN residency laws are confusing, and seem to lead to me having to give up my WI residency which would give me these same issues when back in WI.

The more I learn about laws, the more and more I respect the limited government that the Founding Fathers set up. Not just to protect our freedoms, but to keep us from the headaches of questionably useful laws and the headscratching that goes on over such insignificant foolishness.
Link Posted: 2/6/2006 9:21:24 PM EDT
I go to college in VT as a full time student and am considered a temporary resident or some such, all I know is that kids from school buy firearms here in VT all the time and there are no problems with residency since we live here for a certain number of months per year. Check the state laws as has been said.

Steve
Link Posted: 2/6/2006 10:54:26 PM EDT
From the ATF FAQ section:


(B13) May a person 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. But simply owning property in another State does not qualify the
person to purchase a handgun in that State.



This is what I am looking at, however I do not know if being a full time student constitues "making a home" as defined in the ATF FAQ section.


(B12) What constitutes residency in a state? [Back]

The state of residence is the state in which an individual is present with the intention of making a home in that state.

Link Posted: 2/7/2006 4:14:10 AM EDT
Yes, you can have dual residency according to Federal law. I would be surprised if a state could put limits on this, but who knows.

Here's an example of dual residency from 27 CFR 478.11:

"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."
Link Posted: 2/7/2006 6:08:30 AM EDT
[Last Edit: 2/7/2006 6:12:58 AM EDT by GarrettJ]
I have had letters come back in a couple of months. I have also had letters that are going on 3 years that I have not received an answer for.
Link Posted: 2/7/2006 7:26:04 AM EDT
Get a state ID card at the MVA. You will need a bill, (phone, electric, credit card, ect) that is at least three or four months old. This will allow you to buy stuff as an in state resident, guns, ammo, hunting license, ect. If you get a driver license it will get complicated with auto insurance and regestration.
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