Dreaming100Straight
Quote:
Either point out my advice that can cause "serious legal problems" or get the heck out of the thread.
You suggest that as long as you present the government issued documentation that is all the proof needed, when the fact is that you just committed a felony if at the time you no longer are a resident of the state.
You didn't read what I wrote.
SEVERAL times in this thread I have mentioned that the transferee/buyer must ACTUALLY reside at his current residence address. As such your assertion above is laughably wrong fella. Never once have I suggested that a buyer/transferee falsify the Form 4473....and shame on you for suggesting that I have.
You may not have intended to give anyone that impression, but in the context of posts about presence in a state along with the intent to make a home equals residency some are encouraged to make illegal purchases thinking that if the purchase is ever investigated no one can prove that at the time they didn't plan to make a home in that state.
Please rephrase this horribly constructed sentence.
I have written ad nauseaum about a buyer/transferee answering Que 2 on the 4473 with their actual current address. As has Theohazard. You have quite the imagination to come to a conclusion that I have encouraged anyone to make illegal purchases. In fact, I have provided links to ATF documents backing up my statements, whereas you don't.
This is more likely to become an issue if trips to the other state coincide with the purchase of guns that are regularly sold in another state.
Huh?
Is English your first language? I ask because your comprehension of what has been written by ATF, Theohazard and myself is to put it mildly.....bad.
A buyer/transferee can travel to as many states as he wants and buy firearms in any of them provided he follows Federal law and the sale/transfer is legal in his state of residence.
These are often referred to as multi state residents, even though as I see you understand you are actually only considered a resident of one at any given time; the one in which you are physically present.
I know full well what a multi state resident is. And have for some time. Funny how actually reading ATF Rulings will do that.
Sometimes a simple hypothetical is useful in understanding how law is applied. Say Joe owns a house in State X and another in California. State X has no waiting period and so called instant background checks. Since he and Mrs. Joe have two grown children of which one lives in State X and the other in Los Angeles, they have been splitting time equally between living in their two homes, but the son in X gets transferred to the Santa Ana, CA office. Consequently, Mr. and Mrs. Joe lease out their State of X home and head for Beverly Hills. (Sounds like the Clampets.)
Now on the way to the airport, Joe stops off to pick his Sig 229 up at the lgs, where it had been left for some trigger work. While there, Joe falls in love with a used Beretta over/under and buys it. He presents his State of X drivers license and is back on the road with his old Sig and new used over under.
The return of a repaired or replacement firearm does not require a Form 4473. It wouldn't matter what Joe's state of residence is.
If the leased out home is no longer his current residence address, then Joe did not truthfully answer Que 2 on the 4473 for the shotgun.
Bot guns are correctly declared at the airport and checked through by TSA. A couple of weeks after moving, Joe is arrested. What if any crimes have been committed?
Arrested by who?
If by the State of California I don't really care. If by ATF, it means they think he lied on his 4473. The crime would be falsifying a Federal document.