If you have a home in Fl and buy a hand gun down there, can you bring it to NJ with out a  FFL transfer

Yes as long as it's NJ legal (<=15 rounds, etc).

I take it you have dual residency. No issues bringing the gun to NJ other than what NJGF said.

I have edited my post based on the information I found below.

 

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. 

 

Can you have dual residency as far as NJ Gun laws are concerned? I know if you buy a firearm legally as resident of another state then move to NJ as long as it is NJ Legal no problem no registration needed. I assume this also applies to someone who is a resident for the summer in another state?

 

So anyone who owns a summer home in SC, can buy as many handguns as they want during the summer and bring them back to NJ? In essence it is circumventing NJ one handgun per month law correct?

 

Here is the link to ar15.com forum where I found the ATF Ruling information at

 

https://www.ar15.com/archive/topic.html?b=1&f=6&t=1699419

Yes. You are a resident in a state if you have a residence there.

 

Buy a home or rent an apartment in any state you want.

 

Sent from an undisclosed location via Tapatalk.

There have been long threads about the dual residency and gun purchases. Search is your friend.

 

ATF form 4473 explains this in detail.

Forgive me I'm clueless about this. How do you prove your residency in Florida? Do you have a FL DL? Do you bring your deed?

18 U.S.C. 922(t)(1)©: IDENTIFICATION OF TRANSFEREE 27 CFR 178.124: FIREARMS TRANSACTION RECORD Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements of the Brady Act. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of the transferee may be supplemented by another valid, government-issued document showing the transferee's residence address

Forgive me I'm clueless about this. How do you prove your residency in Florida? Do you have a FL DL? Do you bring your deed?

 

If this is direct at me, I now have a Florida D/L but previously I brought my government issued tax bill, deed would be fine, to show I owned the house.  In NJ my FID passes for residency when I apply for P2P's at my local PD.  

 

There a couple of threads where I explained this in exhaustive detail.  

And a "government issued document" proving residence not including drivers license would be? Remember the situation is you LIVE in NJ but have a residence in another state.

And a "government issued document" proving residence not including drivers license would be? Remember the situation is you LIVE in NJ but have a residence in another state.

Tax bil, deed, auto registration.

 

I have a FL D/L and Montville proceeded my P2Ps without even commenting on the drivers license.

 

Read form 4473. If you own multiple homes that you reside in, regardless of split, you claim your state of residence as the state you are in at the time of purchase. Again I've outlined form 4473 in painful detail in other places. '

 

Here is the explanation of question 4473.13.

 

Question 13. State of Residence: The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is a member of the Armed Forces on active duty, his or her State of residence also is the State in which his or her permanent duty station is located.

If you are a U.S. citizen with two States of residence, you should list your current residence address in response to question 2 (e.g., if you are buying a firearm while staying at your weekend home in State X, you should list your address in State X in response to question 2.)

 

There is no time requirement. it even says weekend, which is part time, home to claim that if that is the state where you are purchasing.

 

4473.20a

 

20a. Identification (e.g., Virginia Driver’s license (VA DL) or other valid government-issued photo identification.) (See Instructions for Question 20.a.) Issuing Authority and Type of Identification Number on Identification Expiration Date of Identification (if any)

Month Day Year

 

 

So why do most FFLs and sellers think you need a D/L that matches FID. Completely made up and everyone follows it. Check the for sale threads here.

 

Here is the detailed explanation of 4473.20a:

 

Question 20a. Identification: List issuing authority (e.g., State, County or Municipality) and type of identification presented (e.g., Virginia driver’s license (VA DL), or other valid government-issued identification).

Know Your Customer: Before a licensee may sell or deliver a firearm to a nonlicensee, the licensee must establish the identity, place of residence, and

age of the buyer. The buyer must provide a valid government-issued photo identification to the seller that contains the buyer’s name, residence address,

and date of birth. The licensee must record the type, identification number,

and expiration date (if any) of the identification in question 20.a. A driver’s license or an identification card issued by a State in place of a license is acceptable. Social Security cards are not acceptable because no address, date of birth, or photograph is shown on the cards. A combination of government-

issued documents may be provided. For example, if a U.S. citizen has two States of residence and is trying to buy a handgun in State X, he may provide a driver’s license (showing his name, date of birth, and photograph) issued by State Y and another government-issued document (such as a tax document) from State X showing his residence address. If the buyer is a member of the Armed Forces on active duty acquiring a firearm in the State where his or her permanent duty station is located, but he or she has a driver’s license from another State, you should list the buyer’s military identification card and official orders showing where his or her permanent duty station is located in response to question 20.a.

 

Ok, seems that there are many ways to prove who you are and as I've said before identity and residency can be proved with two different documents even if you live in only one state. Most NJ FFLs think D/L is required, nonsense and it's an optional field in the NICS check. If the number is not a NJ, expired or suspended you will get denied but it isn't necessary. A couple FFL's on this board believed it was required for NICS checks.

 

 

4473.20b

20b. Alternate Documentation (if driver’s license or other identification document does not show current residence address) (See Instructions for Question 20.b.)

 

Gee whiz look at that the forms says, in case D/L or other document doesn't show current residence. It tells you what to do and that doesn't include telling him/her that they can't buy a gun. Otherwise the explanation or instructions for 4473.20b would say throw them out of your store. Again I can't tell you how many time I hear that identity and residency document addresses much match--it's false. If you have an out of state D/L you can use your NJ government issued FID as proof of residence. However, most stores don't know that, some do.

 

4473.20b explanation:

 

Question 20.b. Alternate Documentation: Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements of the law. The required valid government-issued photo identifica- tion document bearing the name, photograph, and date of birth of transferee may be supplemented by another valid, government-issued document showing the transferee’s residence address. This alternate documentation should be recorded in question 20.b., with issuing authority and type of identification presented. A combination of government-issued documents may be provided. For example, if a U.S. citizen has two States of residence and is trying to buy a handgun in State X, he may provide a driver’s license (showing his name, date of birth, and photograph) issued by State Y and another government-issued document (such as a tax document) from State X showing his residence address.

 

Ok, clear enough.

 

I've again had to beat this horse to death,moor the third time. Before PK90 and mipafox rain crap on me I didn't start this thread and didn't give some of the incorrect answers here. I'm never explaining this again. FFLs and private sellers you can continue to invent your own rules with matching FID and D/L but it isn't the law. A quick call to the state police will tell you that or just read the forms.

 

This just proves that people who purchase guns never really read what they are signing. In the brain it's yes to the first question, 11a, then no to questions 11b-l, skip 12, NJ, United States, flip, sign, date. Which is actually a crime if you aren't reading the questions.'

Lastly, I implore, beg, pray that those of you (majority) that make up rules to please stop. There are of enough of them already.

 

OP if you own two home in two different states you can carry in either legally and bring guns back to NJ if they are NJ compliant. I've done it back and forth a dozen times. So regardless of advice you are getting I've actually done it, not speculating about it, done it. I'm sure others have tool. Ok, I've worn myself out.