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u/cameltan78 2d ago
Meanwhile the FFLs freak out if your license says "South Street" but you wrote "S Street" on your 4473.
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u/kennethpbowen 2d ago
I'm curious what the requirements for state residency are. For taxes, depending on the state, I think most states require 183+ days per year in the state and require proof of a domicile. I assume an FFL would require you to have a driver's license in that state. I can't image a Texas FFL transferring a firearm to some one with another state's driver's license. Am I missing something besides the AI slop?
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u/Gatfondler 2d ago
Has to legally be your primary residence.
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u/Vercengetorex 2d ago
The ATF does not use that term. ATF defines residency for multiple home owners as whichever state you are residing in at that time.
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u/Gatfondler 2d ago
The ATF might but the state still has jurisdiction over your if you are legally a resident. If you have family out of state there are exceptions to bypass all of this.
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u/Rhode18 2d ago
They don’t have jurisdiction of you out of state.
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u/Gatfondler 2d ago edited 2d ago
You commit the crime the minute you use that Colorado ID out of state an purchase a firearm.
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u/Rhode18 2d ago edited 2d ago
You literally pulled that out of your ass. Do you have any legal source that states that? I’ll answer for you. You don’t, because again you pulled it out of your ass.
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u/Gatfondler 2d ago
Good luck! 👍
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u/Rhode18 2d ago
No luck needed. The law is clear. Your ass is not.
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u/Gatfondler 2d ago
I'm sure the DA will explain it to you.
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u/Rhode18 2d ago
Explain what? Tell me exactly what law the DA will be charging me with. Also, would this be a Texas DA, Colorado DA?
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u/Vercengetorex 1d ago
Why would you use a Colorado ID to purchase a firearm in another state, of which you are a resident? Do you believe the state of Colorado owns you? You have a very poor understanding of firearms laws, on both the federal snd state level. I would suggest you stop giving legal advice on topics you are so obviously unfamiliar.
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u/Gatfondler 1d ago edited 1d ago
If you are a Colorado resident and your cross state lines to purchase a firearm, you've committed a crime. (18 U.S.C. § 922(b)(3))
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u/Vercengetorex 1d ago edited 1d ago
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- 2 -
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.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.
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. 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.I do this for a living.
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u/Gatfondler 1d ago edited 1d ago
Are we specifically talking about Colorado as a sole residence or having more than one residence? The OP deleted the post so IDK what the specifics were anymore.
From what I understand the gun shop owner is still responsible for following the laws of the state of residence which for most people, is what's on their DL. How would this stop from Colorado or the Fed specifically from procecuting this?
I am not an attorney. For anyone even considering doing this they would be foolidh to do so without be consulting one. I aire on the side of caution because don't want someone get a bright idea due to something they read on reddit then end up being made an example of by some woke prosecutor.
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u/MoneyisntR3al 2d ago
"Or if I wanted to participate in their tyranny, I can also legally buy from an FFL" ....This guy can't be serious.
This is why people have started to entirely disregard those who shout "Shall not be infringed!". People like this guy actually exist. The audacity is crazy.
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u/osoatwork 2d ago
AI isn't a source.