Posted by: TomVA
Private handgun sales to dual resident - 08/22/14 09:49 AM
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 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