Sorry this is so long for my first post, but it is a complicated subject that probably applies to all states and I would like to get some opinions from the good folks here.
I own a house in NJ and spend just over half the year in NJ, so for most purposes NJ is my legal state of residency.
I also own a house in VA and spend most of the spring and summer there (growing vegetables). I go back and forth between the two houses each month as I still need to care for my 94 year old mother in NJ. Since my house in VA is very rural I would like to buy a handgun to keep in the VA house for self-protection while there.
By federal law, a handgun can only be transferred between residents of the same state, but there are different kinds of "residency".
For the purposes of voting, taxes, and driving, you are a resident of the state in which you live at least 183 days per year (>half the year). For the purpose of purchasing a firearm, however, residency is defined by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) in their "Federal Firearms Regulations Reference Guide" (http://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf page 39) as follows:
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.
Example 2 above describes me exactly - I own a home in NJ and I own a home in VA, and I travel back and forth between the two. Therefore according to the BATFE I am a resident of VA when in VA and should be entitled to the same rules and rights as any other VA resident when purchasing a firearm. And since this is a federal definition it should hold true for other states as well.
The VA State Police website lays out the VA state laws regarding firearm purchases and it is silent on the definition of residency, so therefore the federal BATFE definition should prevail. The VA State Police website says one must present a primary ID and a secondary ID to buy a gun. They say: "The primary form of ID shall consist of a valid photo-ID form issued by a governmental agency of the Commonwealth or of the prospective purchaser or transferee’s home state..." They also say: "Federal law prohibits the sale or transfer of a handgun to a nonresident of the state in which the handgun is being purchased." Since I am a resident of VA according to the BATFE, and I have a valid photo NJ driver’s license, I comply with the VA State Police requirements as well as those of the BATFE.
So I should be able to legally buy a handgun in VA with proof of my identity (NJ Drivers’s License) and proof of VA residency (tax and utility bills).
My problem is that the VA FFLs I visited all want to see a Virginia photo ID to sell a handgun - period. I can’t get a VA DL unless I turn in my NJ DL, which I think would make me a resident of VA for all other purposes as well, which I would rather not do at this time.
So, in summary, I am a VA resident, but cannot get a VA photo ID to prove it, and FFLs demand it.
Am I reading these regulations and definitions correctly or am I missing something? Does anyone have any suggestions on how to convince an FFL that it is legal to sell me a handgun?
Tom
I own a house in NJ and spend just over half the year in NJ, so for most purposes NJ is my legal state of residency.
I also own a house in VA and spend most of the spring and summer there (growing vegetables). I go back and forth between the two houses each month as I still need to care for my 94 year old mother in NJ. Since my house in VA is very rural I would like to buy a handgun to keep in the VA house for self-protection while there.
By federal law, a handgun can only be transferred between residents of the same state, but there are different kinds of "residency".
For the purposes of voting, taxes, and driving, you are a resident of the state in which you live at least 183 days per year (>half the year). For the purpose of purchasing a firearm, however, residency is defined by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) in their "Federal Firearms Regulations Reference Guide" (http://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf page 39) as follows:
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.
Example 2 above describes me exactly - I own a home in NJ and I own a home in VA, and I travel back and forth between the two. Therefore according to the BATFE I am a resident of VA when in VA and should be entitled to the same rules and rights as any other VA resident when purchasing a firearm. And since this is a federal definition it should hold true for other states as well.
The VA State Police website lays out the VA state laws regarding firearm purchases and it is silent on the definition of residency, so therefore the federal BATFE definition should prevail. The VA State Police website says one must present a primary ID and a secondary ID to buy a gun. They say: "The primary form of ID shall consist of a valid photo-ID form issued by a governmental agency of the Commonwealth or of the prospective purchaser or transferee’s home state..." They also say: "Federal law prohibits the sale or transfer of a handgun to a nonresident of the state in which the handgun is being purchased." Since I am a resident of VA according to the BATFE, and I have a valid photo NJ driver’s license, I comply with the VA State Police requirements as well as those of the BATFE.
So I should be able to legally buy a handgun in VA with proof of my identity (NJ Drivers’s License) and proof of VA residency (tax and utility bills).
My problem is that the VA FFLs I visited all want to see a Virginia photo ID to sell a handgun - period. I can’t get a VA DL unless I turn in my NJ DL, which I think would make me a resident of VA for all other purposes as well, which I would rather not do at this time.
So, in summary, I am a VA resident, but cannot get a VA photo ID to prove it, and FFLs demand it.
Am I reading these regulations and definitions correctly or am I missing something? Does anyone have any suggestions on how to convince an FFL that it is legal to sell me a handgun?
Tom
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