Quoted: Marine2f2 Sure, someone can use all sorts of ways to show a Texas address, but my understanding is that federal law requires the purchaser of a handgun to be a legal resident of the state in which it is purchased. Others may disagree, but if that is correct, how can someone maintain a drivers license and voting privileges in WV and claim legal residence in TX? In my own opinion they cannot, and I''m not certain what you are planning is legal. I can usually show a valid residence address in two, sometimes three, states, but--personal opinion--my buying a handgun in any state other than my one legal drivers license/voting etc. state of residence is not allowed.
If a dealer can't legally sell it to you, I would not sell it to you either, private citizen or not. Private sales are governed by the same laws as are dealers, except that dealers have certain exemptions and can, for example, sell a long gun to a resident of another state whereas a non-dealer cannot.
If I'm not correct, can someone post the specific language and federal statute that would allow this? I would sincerely like to be wrong, but I've never seen language that would show that I am.
|
(B12) What constitutes residency in a State?
The State of residence is the State in which an individual is present with the 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 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, “Sale of Firearms to Aliensin the United States”, under Items of Interest).
[18 U.S.C. 921(b) and 922(b)(3), 27 CFR 178.11]
ATF Rul. 80-21
"State of residence" is defined by regulation in 27 CFR 178.11 as the
State in which an individual regularly resides or maintains a home.The
regulation also provides an example of an individual who maintains a home
in State X and a home in State Y.The individual regularly resides in State
X except for the summer months and in State Y for the summer months of the
year.The regulation states that during the time the individual actually
resides in State X he is a resident of State X, and during the time he
actually resides in State Y he is a resident of State Y.
Applying the above example to out-of-State college students it is held,
that during the time the students actually reside in a college dormitory
or at an off-campus location they are considered residents of the State
where the dormitory or off-campus home is located.During the time
out-of-State college students actually reside in their home State they are
considered residents of their home State.
[ATFB 1980-4 25]