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Buying firearms out of state residency

partisan1911

Sergeant
Full Member
Minuteman
Apr 19, 2009
101
0
49
N. Pole, Alaska
I am an AK resident but am not currently living there and don't plan on being back for several years. I don't want to give up that residency because I want to keep going back to hunt. Every time I go to buy a firearm I have to prove that I am a resident of the state where I am buying it. If I am not a resident of the state where I want to purchase the firearm I can't buy it. I run into the same issue when shipping because I have to go through FFL's and they insist on filling out the forms. Is there a way around this other than purchasing only from private parties?
 
Re: Buying firearms out of state residency

I was told I could use my military orders assigning me to the state I reside in but doesnt that alter my residency status?
 
Re: Buying firearms out of state residency

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: partisan1911</div><div class="ubbcode-body">I was told I could use my military orders assigning me to the state I reside in but doesnt that alter my residency status? </div></div>

Mil orders work for many states. Need cac, copy orders and a bill showing current address. Works in GA while I'm a resident of commie Maryland.
 
Re: Buying firearms out of state residency

Depends on what your looking to buy, the rules in that state, and how ATF if that area is interpreting that set of rules.
 
Re: Buying firearms out of state residency

Some states require you to become a resident if your residing in that state for a certain period of time. Also be careful with the state of Alaska. Some western states take a dim view of people not residing in the state while claiming resident status for hunting lisence purchases.Your tax returns can tip them off. Seem to remeber Montana cracking down on this some time ago. Friend of a friend got nailed for this. Cost him a bunch of money and time.
I think even in private party firearm sales a resident can only sell to a resident of the same state.
 
Re: Buying firearms out of state residency

It depends on the state you're in...

As a Michigan resident, I bought long guns in Kansas regularly...
Handguns are a completely different deal...
 
Re: Buying firearms out of state residency

Engaging in the interstate commerce of firearms without an FFL is a big time no-no, private party or not.

You also might be violating state laws wherever you live by not having a driver's license there or changing your residence, etc.

I would highly suggest that you actually research the law where you live and get that straightened out, or you could end up in a lot of trouble.
 
Re: Buying firearms out of state residency

Federal law requires that an FFL abide by federal law, the law of the state in which the sale occurs, and state law of the resident state of the tranfreree.

Handguns may not be sold to anyone other than residents of the state in which the transfer takes place. Long guns may be sold to residents of other states, if in compliance with all law.

Here is a good example: West Virginia residents can buy long guns in Virginia. The sale complies with Federal Law, West Virginia Law, and Virginia Law.

Virginia residents may not buy long guns in WV. This is because Virginia law requires that a VA State Police check be conducted on transferees, and West Virginia dealers have no way the conduct a VA SP check; WV uses NICS.

ATF Publishes a book of state ad federal law, and it is up to the FFL to determine if the sale is allowed. Many FFLs just are not going to risk running afoul of federal law, and sell long guns only to residents. FFLs in areas very near state borders are usually more familiar with the rules.

You may have only one state of permanent residence. Requirements vary, but usually take 30-90 days residency with the intent to make that state your permanent home.

Let me qualify all of this.. I try to know and understand the law, and this is the way I interpret things; but it may be absolutely wrong !
 
Re: Buying firearms out of state residency

If you are active duty you are treated as a resident of the state you are stationed in. You are also still a resident of the state that you enlisted in as long as you keep it as your state of residence with the military and that is where any state taxes that are taking out of your check go to. Im currently stationed in the peoples republic of NY and I can purchase firearms, with the exception of hand guns due to the fact I do not feel like paying them a few hundred dollars and then waiting six months to a year for them to approve a handgun permit. When I was stationed in WA all I needed was my military ID to purchase any firearm. I also have a resident WA concealed carry permit. However since I have been in my state of residence is PA. My license and vehicle registration is still through PA and that is where I pay state taxes and vote. So as long as you have not gone into finance to change your state of residence to any thing other than Alaska youll remain a resident there as well as where you are stationed. I know in the past few years that there was also a law passed that now allows spouses to choose between where you are stationed and your state of residence for licensing and tax purposes as well as all rights inherit to residency.
 
Re: Buying firearms out of state residency

^^^^ Right on there. States are making more laws everyday trying to make it easier for deployed soldiers.