Establishing Residency Question

[ShoreDweller 0]

Hi all - I read that it becomes legal to move firearms into NJ "after establishing residency." I already own property but my driver's license is still another state. (I am still in the process of moving things from one state to NJ - running several trips) Does my driver's license need to be an NJ one prior to driving the firearms to the new home to comply with NJ residency law or is owning the property enough? 

[PK90 3,570]

Are you moving to NJ, or owning an additional residence? Property is not a residence. No need to change your credentials before, or even ever if you keep your oos home. If moving, then you have 60 days to change your DL. No need for a FPID unless you acquire long guns or ammo in NJ.

[Howard 538]

NO!  There is nothing in the law that requires you to have a driver's licence in order to own a gun or follow other laws.  So many people spew the crap about FID and matching licence but nowhere in the statute does it say anything about having a driver's licence.  A copy of your deed or mortgage would prove you are a resident.

[ShoreDweller 0]

Thanks for the replies. I am moving to NJ. After selling the other property, the NJ home will be my primary (and only) residence and only property I own.

[45Doll 5,877]

Depending on your exact scenario this may be relevant.

You may have one or more states of residence, where you own a house or other dwelling you occupy at least part of the year.

You can only have one state of domicile. That is typically used for determining state tax obligations.

You may find  ATF Rule 2010-6 relevant, which says in part:

"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."

[Rob0115 1,105]

When you dispose of your property outside of NJ you'll get a NJ DL.  While you still own both your DL can be either address and it does not have to be an NJ address to be resident.  You only need to own or rent a place of residence.