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Old May 29, 2017, 11:44 PM   #38
Theohazard
Senior Member
 
Join Date: April 19, 2012
Location: Western PA
Posts: 3,781
Quote:
Originally Posted by ShootistPRS
Theohazard,
Can you actually define a 9 month stay while being employed from out of state as an attempt to "make a home there"?
Yes, that's a classic example of "making a home" under the 1968 GCA. For the purpose of buying a firearm, think of it simply as where you live. If you're living somewhere, you're making a home there, even if it's temporary.

Quote:
Originally Posted by ShootistPRS
Making a home requires some kind of investment, living on property you own, or looking for property to buy, maybe?
Ownership of property isn't required to establish residency; the ATF explicitly says that in ATF Ruling 2010-6. In fact the ATF even allows an RVer to use the address of the spot where their RV is parked as their residence. Even a homeless person's tent on a street corner could qualify as a residence, but they would have to get some government-issued documentation of their tent's address to purchase a gun from an FFL.

Quote:
Originally Posted by ShootistPRS
Does he have any intention to spend time in that state after the job he is doing is over? Will he spend a few months at his second home every year? It seems one must show an intent to make it a "home" in order to be a resident. Will he pay the state income tax? No because he is an out of state employee. If he was a resident he would be liable for the state taxes.
You're way over-thinking this. Read ATF Ruling 2010-6 and 27 CFR 478.11; residency is actually super simple. It breaks down as simply as this: Where are you living right now at this moment? People need to stop over analyzing this, because this is one of the simplest parts of our federal firearms laws. Many people are confused with the federal residency requirements to buy a gun because they think it's way more complicated than it really is. But it's actually pretty simple: Do you currently live in state X? Then you're currently a resident of state X. That's it.

If you're living somewhere, even for a short period of time, then that's your residence. If you're visiting somewhere on a vacation, then that's not your residence.
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Last edited by Theohazard; May 29, 2017 at 11:51 PM.
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