Hi folks - new to this forum and just want to confirm that I am on solid legal ground in privately buying a handgun as a dual resident.

I am retired and own a house in NJ and a house in VA. I spend over half the year in NJ, so NJ is my state of residency for voting, income taxes, and driver's license. For purchasing a firearm, however, residency is defined by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives in their "Federal Firearms Regulations Reference Guide" (BATFE Firearms Guide) 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, spending most of the spring and summer in VA. Therefore according to the BATFE I am a resident of VA when in VA. This is also stated clearly in Form 4473 in the instructions for Question 2 and Questions 20b and 20c (ATF Form 4473) and goes on to say an out-of-state driver's license may be used to establish identification as follows:

"For example, if a U.S. citizen has two States of residence and is trying to buy a handgun in State X, he may provide a driver's license (showing his name, date of birth, and photograph) issued by State Y and another government-issued document (such as a tax document) from State X showing his residence address."

Virginia Code requires that an FFL must see a photo ID issued by the Commonwealth, so I would need a VA DL to buy from an FFL. However this does not apply to private sales. The only restrictions I find on private handgun sales (both Federal and State) is that both the seller and buyer must reside in the same state (Virginia), and the seller must not have reason to believe the buyer is not qualified to own a firearm (e.g. a felon).

So to summarize, I am a resident of Virginia when in Virginia and and am qualified to own a firearm (already had a background check to buy a shotgun). Therefore I can buy a handgun from a private individual by providing copies of my NJ DL and/or Passport for ID and my Virginia tax bill and/or utility bills to establish residency. I am also willing to fill in and sign a Form 4473 and a bill of sale.

Am I correct in this analysis? Anything I am missing? I would like to buy a handgun but want to make sure the seller is comfortable.

TomVA

I don't know what the law says but if you show me a NJ drivers license I am turning and walking away. I can only imagine everyone else on here would be exactly the same.

Tom, first let me say I am glad you did some research into the law.

But....as jims59 says, I would not feel comfortable selling you a gun privately.

I have sold to residents of other states, but the gun was shipped to his FFL (by my FFL, just because I'm a little anal).

I fully understand your hesitance to sell under these circumstances - certainly a Virginia driver's license is your best insurance. On the other hand, if everyone felt the same way I would be denied my right to own a handgun and protect myself in my home here in Virginia. I feel certain that such a sale is perfectly legal, but the seller must agree. I am hoping to find someone comfortable with the legal aspects and willing to sell me, but if not I can wait until I move here permanently in a few years.

Thanks!

TomVA

Hmm, Tom do you have anything that shows you own a property in VA, like a phone bill or a utility bill with the VA address? Would you be willing to sign a statement along with the bill of sale that you are in fact a VA resident at the time of purchase? That might make a seller comfortable. In a private sale, the seller makes the rules, so you'd need to convince someone that you are in fact a resident and able to own a handgun.

Hi Mark,

Yes I have my deed, my paid tax bills, and some utility bills, all showing my name and address in Virginia, and would provide copies to the seller. And I would be willing to sign a statement that I am residing in VA at the time of the purchase and a bill of sale, and even fill out and sign a Form 4473.

I fully understand that the seller would not want to take risk for a single handgun sale and I wouldn't want them to. At the same time I would really like to have a handgun to keep on the first floor of my house here in VA. I have a shotgun in the bedroom, but I am so rural (nearest little town of Floyd is 10 miles away) that a second gun to keep downstairs would feel more comfortable.

Tom

You're absolutely right about the BATFE regulations. But state law also applies, and some states take the position that you cannot be a resident of more than one state. Virginia has no rule like that, but for things like fishing licenses, in-state tuition, driver's licenses, and voting, you can be a resident of only one state. There is no such rule as to ownership and transfer of personal property, such as firearms.

There are basically two facts you need to be able to assert when you buy a gun: first that you are who you say you are, and second, that you actually reside in the state you say you do. The first fact can be established by a U.S. passport, which has no home address on it. The second could be established by things like utility bills and tax payment receipts. I think you can honestly say you don't have a driver's license in Virginia, so you rely on this other stuff. I think you can get a resident CHP, so maybe you ought to apply for one while you're actually residing in Va.

I suggest you use my bill of sale form in conjunction with such documentation, in which you are stating under penalty of perjury that there is no reason why you cannot purchase the gun. That relieves the seller of any legal liability for relying on your word. You can get the bill of sale form off my website, about halfway down the page under "useful stuff".

Still some folks don't want to take the risk, and as you said, you can't blame them.

Thanks user - very helpful. I agree Virginia code does not address the definition of "resident" with respect to the purchasing of firearms, and in the absence of a specific contradiction to federal code, the BATFE definition prevails. I am confident my passport and tax bill meet the legal requirements to privately purchase a handgun, but most private sellers are less confident.

TomVA

Tomva,

I also have this issue. I have researched it and spoken to some folks in Richmond about it. Federally you are a resident of both states during the time you are at your property in that state. However under VA law,

1. You can purchase long guns (rifles and shotgun) and take possession in VA, if purchased from an ffl dealer. Technically you would need to transfer a private sale through a dealer.

2. You cannot purchase handguns and "others" such as stripped receivers and take possession in VA, they would need to shipped to an FFL in your state of residence which is indicated on your drivers license. This would also apply to private sales of handguns.

I just fought this battle when I ordered 2 stripper AR receivers and had them sent to a VA FFL, ended up shipping them back to PA before I could take possession.