The Firing Line Forums - View Single Post - Student wishing to purchase a handgun. Rec's on best way to do so.

TomNJVA · August 26, 2014, 01:18 PM

The 183 day rule defines residency for some purposes, such as paying taxes and voting. 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" (http://www.atf.gov/files/publication...f-p-5300-4.pdf) 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.

This is also stated clearly in Form 4473 in the instructions for Question 2 and Questions 20b and 20c (http://www.atf.gov/files/forms/downl...f-f-4473-1.pdf) 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."

If you are maintaining an apartment or home in Virginia, you are considered under federal law to be a resident of Virginia while you are staying there for the purposes of buying a firearm. Unfortunately, Virginia Code requires that an FFL must see a photo ID issued by the Commonwealth, so you would need a VA DL to buy from an FFL.

This does not apply to private sales, and in theory you can buy privately with a proof or residency such as a tax or utility bill, but very few private sellers will sell you a handgun without a Virginia driver's license. Your concealed carry permit, however, along with proof of residency make be okay for some.

TomVA

August 26, 2014, 01:18 PM	#12
TomNJVA Senior Member Join Date: January 22, 2014 Location: Floyd, VA Posts: 241	The 183 day rule defines residency for some purposes, such as paying taxes and voting. 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" (http://www.atf.gov/files/publication...f-p-5300-4.pdf) 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. This is also stated clearly in Form 4473 in the instructions for Question 2 and Questions 20b and 20c (http://www.atf.gov/files/forms/downl...f-f-4473-1.pdf) 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." If you are maintaining an apartment or home in Virginia, you are considered under federal law to be a resident of Virginia while you are staying there for the purposes of buying a firearm. Unfortunately, Virginia Code requires that an FFL must see a photo ID issued by the Commonwealth, so you would need a VA DL to buy from an FFL. This does not apply to private sales, and in theory you can buy privately with a proof or residency such as a tax or utility bill, but very few private sellers will sell you a handgun without a Virginia driver's license. Your concealed carry permit, however, along with proof of residency make be okay for some. TomVA __________________ In NJ, the bad guys are armed and the households are alarmed. In VA, the households are armed and the bad guys are alarmed.