Legality of selling firearm in another state

[Corbin Dallas]

I'm curious because I know the law states that if you are not a resident of the state you intend to sell a firearm in the transfer must be done by FFL according to the state in which your permanent residence is in.

But what if you have a home in that state that you use when returning to visit family?

I know there is a time period in which you can claim residence but what's the minimum?

For instance, say you own a home in AZ but you rent a apt and work in CA. You have both an AZ and CA DL (because CA requires one since you work here).

Can you legally sell your weapons in AZ without an FFL?

Of course, this is just in theory.

[Greg-Dawg]

Can you legally sell your weapons in AZ without an FFL?

Yes you can...in TX.

[CHS]

If you don't have legal residence in that state, you CANNOT sell without an FFL. Period. This is federal law.

Ignore what Greg-Dawg says about Texas. It's not AZ law or CA law or TX law that's important here. It's FEDERAL.

Now, since you have an AZ ID, and AZ residence, then you're fine to transfer firearms PPT according to applicable state laws, which in AZ do not require an FFL.

[EOD3]

I think the answer to your question is in Title 18 USC.

Now, about having two valid drivers licenses, that's a no-no.

[Rob454]

Im 100% sure you cant have two driver licenses. you're supposed to turn the old one in to get your new one from whichever state you live in. If you wana sell a gun just go through a FFL in whatever state the owner is in. I think in order to claim residence you had tobe in the state living there for 30 days. i may be wrong on the length of time some states may require more

[Corbin Dallas]

I think the answer to your question is in Title 18 USC.

Now, about having two valid drivers licenses, that's a no-no.

Only in certain states...

The one state that allows you to obtain a second license is Florida. The Florida Department of Highway Safety and Motor Vehicles (HSMV) states that part-time residents may elect to retain their valid out-of-state license and receive a Florida license which states "Valid in Florida Only." So in most all states one has to turn in or exchange their previous state's license for a new license when they move to a new state but FL allows you to keep your other state's license and carry a Florida only license.

What allows this is Florida Statute (FS) Section 322.03(1)(B) which states that a person who does not drive a commercial motor vehicle is not required to surrender a license issued by another jurisdiction, upon a showing to the department that such license is necessary because of employment or part-time residence.

[Rob454]

Arizona and California is not Florida.

[GrizzlyGuy]

From the ATF FAQ:

Q: What constitutes residency in a State?

See also in the wiki: Transferring firearms Interstate

[Corbin Dallas]

Arizona and California is not Florida.

I was merely pointing out that having a DL in two states is not a blanket "no-no".

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

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.

So IF my intention is to make a home in that state but I am not currently present due to work, does this automatically make me a resident of whatever state I'm currently in?

What if my state is not a state at all and I'm in another country? Say I work in Mexico 5 days a week but I spend 2 day a week in CA. Does this make Mexico my residence? I don't intend on making a HOME there, but it is where I currently am "present".


Since I'm neither a member of the Armed forces nor an Alien, the following does not apply to me.

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.

Sorry if it seems I'm being difficult, just want to be clear about the law... as unclear as it seems at times...

[EOD3]

Well Cuz,

I can't play the "some state" game but, I assure you having two drivers licenses in the PRK is forbidden. You MUST surrender your existing license to receive your California license. Welcome to California!

[Corbin Dallas]

Well Cuz,

I can't play the "some state" game but, I assure you having two drivers licenses in the PRK is forbidden. You MUST surrender your existing license to receive your California license. Welcome to California!

Only if you COME to Commiefornia...

[EOD3]

Only if you COME to Commiefornia...

...own a home in AZ but you rent a apt and work in CA...

You asked the question and you picked the playing field.

Maybe we should have asked you in the first place...

[Corbin Dallas]

You asked the question and you picked the playing field.

Maybe we should have asked you in the first place...

I was speaking of the drivers license.

The problem I found is there are two different requirements for residency status.


So which one is the right one? Do I go by Arizona law that says 7 months or more in the state or by California law of 3 months?

See the dilema??

[CHS]

So which one is the right one? Do I go by Arizona law that says 7 months or more in the state or by California law of 3 months?

See the dilema??

For the purposes of a firearm transfer, you go by what the feds say.