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Second Residence Question


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#1 nedry

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Posted 07 April 2004 - 08:35 PM

This is probably gonna get a bunch of "stupid FNG" eyeball rolls, but we all gotta start somewhere...

If someone's a resident of a state prohibiting full-auto entirely (like People's Republic of WA), but has a "summer home" in a "full-auto-friendly" state (like, say, Nevada or Wyoming), and wanted to try for an NFA transfer to their "summer home" address, would it work with ATF? (Condition for this theoretical: the TSMG wouldn't leave the "summer home" state.)

Anybody have any ideas? I know, I'm gonna get the standard IANALs*, but I'm looking for general best-guesses from the BTDTs**.

(desperately praying for some legislation imparting sanity in WA weapons regs, like maybe a C&R exception added to the bans the Seattle-area Commies have imposed on my once-proud state)

Thanks much!
nedry OUT

*I Am Not A Lawyer
**Been There Done That
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#2 leid

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Posted 07 April 2004 - 11:12 PM

Hi nedry,
Dual residency can be established by having a DL in one state and an ID card in the other. It would be best to get your DL in the state where you will be paying taxes and voting. The ID card in the other state will establish your residency and allow you to do everything you need to do in the other state except drive. Requirements are different in every state, so check with several professionals and/or agencies to get the entire story. Don't be surprised if you get a lot of disinformation along the way. Make sure you have all the bases covered before you get into it(ie:drivers liscence in primary state, ID card in secondary state, car registration and inspection stickers, voter registration, insurance, state and federal income taxes, carry permits, and CLEO sign off or corporation for C3s). I am a dual resident and have been issued resident carry permits in both of my states. BTDT
Carey
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#3 Sig

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Posted 07 April 2004 - 11:57 PM

Some FAQ from ATF's website.

(B12) What constitutes residency in a state? [Back]

The state of residence is the state in which an individual is present with the intention of making a home in that state. A member of the Armed Forces on active duty is a resident of the state in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member's permanent duty station is in a nearby state to which he or she commutes each day, then the member may purchase a firearm in either the state where the duty station is located or the state where the home is maintained. An alien who is legally in the United states is considered to be a resident of a state only if the alien is residing in that state and has resided in that state continuously for a period of at least 90 days prior to the date of sale of the firearm. [18 U. S. C. 921( cool.gif and 922( cool.gif( 3), 27 CFR 178.11]


(B13) May a person who resides in one state and owns property in another state purchase a handgun in either state? [Back]

If a person maintains a home in 2 states and resides in both states for certain periods of the year, he or she may, during the period of time the person actually resides in a particular state, purchase a handgun in that state. But simply owning property in another state does not qualify the person to purchase a handgun in that state.


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