unomas

Thanks for all the help! My plan is to visit the local gun shop in my WV home town and have a talk with the owner/worker and see what they says about recognizing me as a resident. "ATF considers you a resident of that state while you are at the residence." Hopfully all things go well and if not I will create the LLC. I will report back to this thread, but I am going on vacation and won't get to WV until the end of this month. Cheers!

I have no experience with the LLC formation but it sounds interesting. What tax issues would I be creating if I set it up? What type of business do most set up?

I found this on the ATF webiste, full text here http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf "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." To me it sounds like it comes down to the dealer and if they'd be willing to do the transaction.

Interesting the ATF considers the dual resident differently, then the IRS. The more I look into this, the more confusing it is. The cabin is in my name and we don't rent it out at all. Thanks

We spend more time there then just a vacation home, but I can't say it is equal 6 months wv and 6 months nj, but I do have a job that would allow me to be there 6 months but the wifes' job isn't as flexible. I will have to double check into the dual residency thing and the trust. thanks!

Yeah that's my exact problem, I can't seem to figure out how to have a dual residency? I know if I tried to get a WV drivers licencse I would have to hand over my NJ one. I can't even get a WV state ID card without handing over my NJ license. I looked into it for a fishing license no less, WV wants to charge me close to double for a fishing license as an NONresident (even thought I own a cabin and pay property taxes!) I will have to look into the trust thing and or just wait until I retire to WV and make all those residency changes.

Hi, I am new to the forum and have a few questions. I am in the beginning stages of getting my first handgun permit (dropped the papers off today) I am looking to pick up a 22 pistol for just target shooting. Doing research on this forum and youtube, I am interested in the Ruger SR22 and the Buckmark camper whisper (I am open to suggestions). I am leaning towards the whisper b/c I'd like to one day be able to get a suppressor, hence my dilemma. I own property out of state (west virginia) where I plan to actaully use the gun, but b/c I have to keep my residence as NJ I have to purchase the gun here. I am fine with that, but is it possible to purchase the suppressor out of state, since that is where the gun will be? (side note, I can not change my state of residency, it is too complicated tax wise, wv and nj don't reciprocate like pa and nj do). So, is it possible to purchase a suppressor via the appropiate dealer in another state that I own in, yes or no, or is it yes but you have to jump through many burning hoops to do so???? Thanks for reading! cheers!