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Old May 31, 2017, 10:21 PM   #49
dogtown tom
Senior Member
 
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 2,397
Quote:
Today 09:43 PM
ShootistPRS I'm sorry Tom, as I see it there is no intent to make a home, he is there on a business trip only and intends to return to his home after the business is completed. Of course he is living there, but he is NOT making a home there. He has no intention of making a home there. It is a business trip, albeit a prolonged business trip it remains a business trip. There is no intent to make a residence.
You are free to believe what you like.
So.........you believe his state of residence is in a state where HE DOES NOT LIVE?

Laughably wrong fella.
And here's why (my comments in RED)

Quote:

ATF Rul. 2010-6
..........A person’s “State of residence” is defined by regulation in 27 CFR 478.11 as “the State in which an individual resides. An individual resides in a State if he or she is present in a
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State with the intention of making a home in that State.” Ownership of a home or land within a given State is not sufficient, by itself, to establish a State of residence. However, ownership of a home or land within a particular State is not required to establish presence and intent to make a home in that State. Furthermore, temporary travel, such as short-term stays, vacations, or other transient acts in a State are not sufficient to establish a State of residence because the individual demonstrates no intention of making a home in that State.
According to the OP, he's in GA for at least SIX MONTHS, that's not a "short term stay" by any stretch of the imagination.



To ensure compliance with this residency requirement, section 922(t) of the GCA requires licensees to examine a valid “identification document” (as defined in 18 U.S.C. 1028(d) and 27 CFR 478.11) of a firearm transferee. This document must contain the residence address of the transferee so that the licensee may verify the identity of the transferee and discern whether the transferee has the intention of making a home in a particular State. Licensees transferring a firearm to a person not licensed under the GCA are required, pursuant to 27 CFR 478.124, to record the firearm transaction on an ATF Form 4473, which requires, among other things, the transferee’s residence address, including the transferee’s State of residence as it appears on the valid identification document.
The term “identification document” is defined by 18 U.S.C. 1028(d)(3) as “a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State . . . which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.” The regulations, 27 CFR 478.11, define the term “identification document” as “[a] document containing the name, residence address, date of birth, and photograph of the holder and which was made or issued by or under the authority of the United States Government, a State, political subdivision of a State . . . which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.” Identification documents include, but are not limited to, a driver’s license, voter registration, tax records, or vehicle registration. As explained in ATF Ruling 2001-5 (ATFQB 2001-4, 37), a combination of valid government documents may be used to satisfy the GCA’s State residency requirement.
See.......here's where ATF says a buyer must provide a government issued photo ID that shows his name and residence address. As the Form 4473 REQUIRES the buyers CURRENT residence address, an out of state license will not suffice on it's own.


ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179.
Well?
ATF even says you can buy in multiple states DURING THE TIME YOU ACTUALLY RESIDE IN THAT PARTICULAR STATE.



Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an off-campus location, they are considered residents of the State where the on-campus or off-campus housing is located.
Whuuuut?
Even a college student?
Do you still believe the OP isn't making GA his residence? A college student is MUCH more temporary or transient than the OP.





The same reasoning applies to citizens of the United States who reside temporarily outside of the country for extended periods of time, but who also maintain residency in a particular State. Where a citizen temporarily resides outside of the country, but also has the intention of making a home in a particular State, the citizen is a resident of the State during the time he or she actually resides in that State.
"During the time he or she actually resides in that State"
What part of that do you just not understand?





In acquiring a firearm, the individual must
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demonstrate to the transferor-licensee that he or she is a resident of the State by presenting valid identification documents.
A government issued photo ID and if that ID does not show the current residence address a combination of other government issued documents may be used to show residency. That's all the OP needs to show.



Held, for the purpose of acquiring firearms under the Gun Control Act of 1968, a United States citizen who temporarily resides in a foreign country, but who also demonstrates the intention of making a home in a particular State, is a resident of the State during the time period he or she actually resides in that State.

Held further, the intention of making a home in a State must be demonstrated to a Federal firearms licensee by presenting valid identification documents. Such documents include, but are not limited to, driver’s licenses, voter registration, tax records, or vehicle registration.
Someone like the OP WHO IS LIVING IN GA for SIX FREAKING MONTHS can easily obtain a government document showing his name and address in GA.
That would make him a resident of GA WHILE HE LIVES IN GA.


Date approved: November 10, 2010
Kenneth E. Melson
Deputy Director
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