My family has been transferred due to my wife's job. We are only going to be in our new location for a few months so I have no plans to get a new drivers license. I still have a valid drivers license from my home state. We have tied all of our license and car registration to my Mother-in-Laws house. It is not the address on my drivers license. We have no utilities in our name for that address. Is there a way for me to buy a handgun next month in this situation?
Buying a Handgun while living out of state...
- Thread starter Papa D
- Start date
aarondhgraham
New member
I thought it was different,,,
I thought you could make the purchase,,,
But it had to be shipped to a FFL in your home state.
Last year I stopped in a pawn shop in Kansas,,,
I found a Colt Frontier Scout I wanted.
I could buy the gun in Kansas,,,
I just couldn't take possession of it in Kansas.
I would have bought the gun,,,
But the pawn broker wanted $50.00 to mail it to Oklahoma.
Aarond
.
I thought you could make the purchase,,,
But it had to be shipped to a FFL in your home state.
Last year I stopped in a pawn shop in Kansas,,,
I found a Colt Frontier Scout I wanted.
I could buy the gun in Kansas,,,
I just couldn't take possession of it in Kansas.
I would have bought the gun,,,
But the pawn broker wanted $50.00 to mail it to Oklahoma.
Aarond
.
dogtown tom
New member
Yes.
ATF considers you a resident of the state where you make your home.
You will need a government issued photo ID and because it will not show your current residence address......another government issued document showing your name and your current residence address.
In short, use your current drivers license and current car registration. The dealer will record the alternate documentation on Que. 20 b when you do your Form 4473.
100% wrong. There is no requirement under Federal law to "establish" residency.
Again, 100% wrong.
While the dealer may have his own requirements, Federal law says nothing of the sort.
Read the instructions on the Form 4473.
If you don't actually live there you cannot truthfully answer Question 2 "Current Residence address" and Que 13 "State of Residence".
it matters not one bit what state your drivers license is from, where you vote or what you consider your "home state"...........what matters is where you actually make your home.
Here are the ATF Rulings regarding state of residence:
https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf
and
https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-80-21.pdf
Last edited:
Aguila Blanca
Staff
There is much information NOT given in the above that may be crucial to a proper answer.Papa D said:
Where you live now (or lived pre-transfer, if you have already relocated), do you own your residence, or rent? If you own it, will you maintain it empty, sell it, or rent it out? If you rent, will you continue the lease and pay rent every month, or will you give up the lease and vacate? If you keep the lease, will you maintain the place empty, or sublet? Will you continue to pay utilities at the "old" address?
You wrote that you have "tied" your drivers' licenses and car registrations to your MIL's address. Is she in your original home state, or is she in the new (temporary) state of residence? Will you be paying utilities in your name at the new, temporary address? How can you have "tied" your driver's license to your MIL's address if the address on your driver's license is not your MIL's address?
What all these questions are trying to zero in on is whether you might qualify as a dual resident. The BATFE has ruled that an individual who maintains homes in two states is a resident of each state during the time(s) he or she actually resides in each state. That means you OWN (or lease) homes in both states; a hotel room or a two-week rental of a vacation cottage doesn't count.
The information you provided in the opening post doesn't provide sufficient information.
dogtown tom
New member
All of that is irrelevant.
There is no requirement under Fedral law to own, lease, rent, pay utilities or maintain the place.
All that matters is........is it your HOME?
Again.....irrelevant.
Typically, most states require your car registration and drivers license to show your current address. If the OP is living in his MIL's house......guess what his residence address is?
Wrong.
You need to read the links in my previous posts. ATF is clear that that there is no requirement to own, pay rent, or lease any property to establish residency for the purposes of acquiring firearms. They go so far as to specifically state: "Ownership of a home or land within a given State is not sufficient, by itself, to establish a State of residence."
cc-hangfire
New member
Dogtown Tom keyed in on the critical document you will have to fill out - Form 4473. Take a look at it and what information you must provide and the questions you must answer. Add to that the fact that you will need to provide government issued ID to the gun store. Your temporary living conditions very well may keep you from completing that form in a manner that satisfies the legal requirements for purchase.
But read over that form; it should clarify your questions.
But read over that form; it should clarify your questions.