Nevada loophole?

[blockfort]

I believe there is no waiting period in Nevada (and no roster), but you have to show Nevada ID to purchase a firearm. However, the DMV does not require proof of residency to obtain a Nevada ID, just the equivalent of a Passport and SS card. So...

[TheExpertish]

I would still think you'd need an address to use. Don't you need proof of residence to actually purchase something?

[zfields]

pretty sure you still have to show residency in the state. Not sure about nevada, but to get my TX DL, I had to surrender my CA DL also.

[JeremyS]

1st -- even if you can get an ID in the state without proof of residency, a gun dealer in Nevada may require you to have two forms of ID proving your address, like they do in CA. I think that may be federal, actually (putting your residence address on the form). You might need an ID with a NV address plus something else like car registration, lease, etc, with the same addy on it. That is, if it's like CA and I don't know if that's the case.

2nd -- this is allowed in cases where somebody is a dual state resident. You have to ACTUALLY be a dual state resident, meaning spending some of the year in one state and some in the other (one you have an ID in, one you have a driver's license in, typically). Otherwise -- like what you're suggesting -- it's fraud and it's illegal.

...not a lawyer or anything, but I am a dual state resident and my understanding is that it has to be for real, otherwise felony or maybe misdemeanor but definitely technically illegal. Just like using a random address in CA to get your CCW license. It has to be your primary address and if the state found out that you rented some shack in the woods and never go there, but used it as your address to get a carry permit, you're screwed.

[halifax]

The 4473 asks your state of residency. If you intend to lie on a Federal document, that's up to you.

[blockfort]

Nevada Revised Statutes 483.141 “Resident” defined.
1. “Resident” includes, but is not limited to, a person:
(a) Whose legal residence is in the State of Nevada.
(b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this state, as the home state of such vehicles.
(c) Who physically resides in this state and engages in a trade, profession, occupation or accepts gainful employment in this state.
(d) Who declares himself to be a resident of this state to obtain privileges not ordinarily extended to nonresidents of this state.

[blockfort]

That above is straight from the Nevada DMV website.

[blockfort]

And yes, you need to put an address on the DMV form, but the woman at the DMV said that I can put the address of my hotel if that's where I'm living, and then change the address when I move to an apartment.

[JeremyS]

Becoming a "resident" of Nevada and being able to purchase a firearm just because you have an ID are different things. Even if you are able to purchase a firearm, I think it's still technically illegal because you are not truly a dual-state resident. Federal law says you can do this if you spend a meaningful portion of the year in each state. If it's just for the purpose of going there to buy a gun, it is not legal as you are not really a resident, irrespective of whether the state issues you an ID there or not.

And yes, you need to put an address on the DMV form, but...

halifax (and I) was talking about the federal form required to purchase a firearm. DMV is basically irrelevant. Like he said, you have to tell the government that you reside there. Your hypothetical situation would mean you are lying on that form.

[blockfort]

Does anyone have a link to the appropriate law? I'm curious what the wording and definitions are.

[JeremyS]

From ATF FAQ:
Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]



^^^ so that's kinda vague because it says "certain periods of the year" and doesn't provide objective time lengths required or anything else. But the idea is that you have to legitimately reside there sometimes and maintain a home there. Getting a hotel room for a week a year doesn't count. That's not maintaining a home. You'd have to rent an apartment or something year-round.

[blockfort]

I mean, I know people who live, in CA for all but a week or two a year, but they have a house or a wife (that they haven't seen in a while) in Nevada. So are they really "residents" of Nevada?

[trendar5]

You have not discovered a "loophole," and it won't work. Asking some lady at NV DMV about listing your residence on your Nevada I.D. is different than going the next step, and trying to buy a gun with that I.D. Can you go in and lie about which state you live in? Of course. Have you ever been in a Federal court?

[JeremyS]

I mean, I know people who live, in CA for all but a week or two a year, but they have a house or a wife (that they haven't seen in a while) in Nevada. So are they really "residents" of Nevada?

Since the time requirement is totally vague, I'd say any period of time that you spend there annually could qualify you. However, you have to "maintain a home" there. It sounds like you have no intention of doing that.


Honestly, with the ability to do single shot exemptions now to get a gun that's not on the roster, trying to do something like this is likely not worth it. Certainly not worth renting some place there. Probably not even worth gas to drive back and forth.

[zfields]

If it sounds to easy, it probably wont work.


Words to live by when it comes to scheming.