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Old July 8, 2013, 03:59 AM   #1
DruidKing
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Dual Residency?

Currently I have residency in both NY and in kentucky. Everyone knows NY is much more restrictive. I am looking to purchase a rifle to keep at my home in Kentucky, but I only have a NY drivers license. Would a lease or an electric bill be considered acceptable proof of residency? I spend a bit more time in NY so I would rather just keep my NY drivers license. What other proof of residency is considered acceptable for purchasing a rifle?
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Old July 8, 2013, 06:56 AM   #2
Garycw
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Dual Residency?

You have to have ky drivers license to purchase handguns. Although I believe I was told once that a state I'd would work too. For that you would need the utility bills to get.
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Old July 8, 2013, 08:54 AM   #3
dogtown tom
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Quote:
DruidKing Currently I have residency in both NY and in kentucky. Everyone knows NY is much more restrictive. I am looking to purchase a rifle to keep at my home in Kentucky, but I only have a NY drivers license. Would a lease or an electric bill be considered acceptable proof of residency? I spend a bit more time in NY so I would rather just keep my NY drivers license. What other proof of residency is considered acceptable for purchasing a rifle?
No, the documents that would serve as "alternate documentation" proving residency must be government issued.
Read these:
http://www.atf.gov/files/regulations...ing-2010-6.pdf

Instructions in the Form 4473:
http://www.atf.gov/files/forms/downl...f-f-4473-1.pdf


Quote:
Garycw You have to have ky drivers license to purchase handguns. Although I believe I was told once that a state I'd would work too. For that you would need the utility bills to get.
Not true. ANY "government issued photo ID" is acceptable. A buyer with multiple states of residence doesn't need a photo ID from each state, only the alternate documentation if the government issued photo ID does not show the current state of residence.

Utility bills would only be acceptable as alternate documentation if they were from a government entity.


.
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Old July 8, 2013, 05:03 PM   #4
Aguila Blanca
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Tom, that information (your first link) is contrary to what the BATFE FAQ site says in discussing people who own homes in two states, and who occupy one as a vacation home. The FAQ specifically says that you are a resident of each state for the period of time you are living in that state. A vacation home is no less a "home" than a year-round residence as long as the owner occupies the vacation home him/herself and doesn't use it solely as a rental property.

The advisory you're showing doesn't address people with homes in two states of the U.S., it's for people who live outside the U.S. See the instructions for both question 2 and question 13.

The answer to the question in the OP here is the instructions for questions 20a and 20b on the Form 4473. The buyer would show his "other" state driver's license and one of the alternate forms of identification. It doesn't have to be a government-issued ID card, it can be a tax bill. Anyone who owns a vacation home must receive a tax bill, either once or twice a year.

Last edited by Aguila Blanca; July 8, 2013 at 05:09 PM.
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Old July 8, 2013, 07:15 PM   #5
mete
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Things can change any time,these days. especially involving NY.
Recently a PA County has removed the reciprocity for handgun carry [Pike with NY] for NY residents.
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Old July 8, 2013, 08:07 PM   #6
ClydeFrog
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Resources ....

For legal questions about guns or concealed carry, Id check www.handgunlaw.us www.knifelawsonline.com www.nra.org .
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Old July 8, 2013, 08:08 PM   #7
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Quote:
Originally Posted by mete
Recently a PA County has removed the reciprocity for handgun carry [Pike with NY] for NY residents.
Citation?

Pennsylvania has state firearms law preemption. Reciprocity is established either by law or by written agreement between the Attorney General of PA and the AG of the reciprocating state. Counties cannot remove reciprocity for any state.

However, I don't believe PA recognized NY permits, so I don't think there was any reciprocity there to cancel. The Handgunlaw web site seems to confirm this:

http://www.handgunlaw.us/states/pennsylvania.pdf
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Old July 8, 2013, 09:44 PM   #8
DruidKing
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I'm looking to get a rifle, not a hand gun, if that makes any difference.
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Old July 9, 2013, 11:10 AM   #9
dogtown tom
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Quote:
Aguila Blanca Tom, that information (your first link) is contrary to what the BATFE FAQ site says in discussing people who own homes in two states, and who occupy one as a vacation home. The FAQ specifically says that you are a resident of each state for the period of time you are living in that state. A vacation home is no less a "home" than a year-round residence as long as the owner occupies the vacation home him/herself and doesn't use it solely as a rental property.
Please point out the contradiction, I don't see it.
In the first link, see page 2, fourth para that address residence in two states.



Quote:
The advisory you're showing doesn't address people with homes in two states of the U.S., it's for people who live outside the U.S. See the instructions for both question 2 and question 13.
Yes, it does. You need to read beyond the first paragraph. Again see page 2, fourth paragraph.



Quote:
The answer to the question in the OP here is the instructions for questions 20a and 20b on the Form 4473. The buyer would show his "other" state driver's license and one of the alternate forms of identification. It doesn't have to be a government-issued ID card, it can be a tax bill.
There is no requirement to show or possess a ""other" state driver's license and one of the alternate forms of identification"......that is clearly NOT what is explained in the instructions on the 4473. It is not alternate identification, but alternate DOCUMENTATION that shows name and current residence address. Tax bills, utility bills from municipalities, etc are not identification documents.

The buyer can show ANY government issued photo ID. Few states allow a person to hold valid drivers licenses from multiple states at the same time.
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Last edited by dogtown tom; July 9, 2013 at 11:22 AM.
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Old July 9, 2013, 12:55 PM   #10
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Quote:
Originally Posted by dogtown tom
There is no requirement to show or possess a ""other" state driver's license and one of the alternate forms of identification"
If he is in state 'B' (the vacation home state), the "other state" would be his home state ... which is where his driver's license will have been issued and which will be the address shown on his driver's license. So he will have to show that, plus one of the alternate documents to establish bona fide secondary residence in state 'B'.
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Old July 9, 2013, 03:24 PM   #11
dogtown tom
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Quote:
Aguila Blanca
Quote:
Quote:
Originally Posted by dogtown tom
There is no requirement to show or possess a ""other" state driver's license and one of the alternate forms of identification"
If he is in state 'B' (the vacation home state), the "other state" would be his home state ... which is where his driver's license will have been issued and which will be the address shown on his driver's license. So he will have to show that, plus one of the alternate documents to establish bona fide secondary residence in state 'B'.
Your "other state" is needlessly confusing. The buyer simply shows a government issued photo ID and appropriate alternate documentation.......just as stated in my first post and on the 4473.
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Old July 10, 2013, 12:23 PM   #12
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To my knowledge there is no such thing as dual residency. You must be a resident of only one state, and it's usually determined by how much out of the year you spend there. Drivers license and voter's registration are just "proof" of residency.
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Old July 10, 2013, 03:50 PM   #13
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Originally Posted by Skans
To my knowledge there is no such thing as dual residency. You must be a resident of only one state, and it's usually determined by how much out of the year you spend there. Drivers license and voter's registration are just "proof" of residency.
Have you read any of the BATFE advisories on this topic? Or their FAQ site? The BATFE specifically recognizes -- and states -- that someone who owns homes in two states is a resident of each state during the times when he/she is actually living in that house.
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Old July 10, 2013, 05:07 PM   #14
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I stand corrected in the case of purchasing handguns - I guess you can be a resident of two states.
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