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Dual residency pistol purchases

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In the process of finishing my home in Northern Florida and had a question about pistols purchased in Florida. Since I still own a home in NJ can I transport them my self back from Florida? It would seem easier than having to apply for a permit every time I want a pistol.

 

It seems legitimate to me but that's because I want it to be rather than some basis in fact.

The atf considers you a Florida resident when in Florida. So federally you could buy there. As for what a Florida dealer would need to transfer it to you I dont know

  • Author

The atf considers you a Florida resident when in Florida. So federally you could buy there. As for what a Florida dealer would need to transfer it to you I dont know

I'm looking at that but I think it's a drivers license.

I concur with GRIZ, it's 100% LEGAL the way you describe it.  NO mandatory registration in NJ either.  And FOPA covers the transportation legalities.  Just do yourself a favor and don't try to be an amateur Gun Runner by buying case qty of firearms for sale up in NJ.  That's a big NO-NO if you're not a FFL and pay your vig to Uncle Sam.  For personal use, NO problem!  

 

Also consider if you had a relative living in a Florida residence, if they moved-in with you in NJ, they could bring their arsenal with them and still enjoy the right of self protection and the exercise of that right by strictly following the famous "To and From Rules" for hand guns.  If said relative walked into a sporting goods store in NJ, the store isn't allowed to sell them hand gun ammo w/o a NJFID, but they could mail-order or drive to PA to buy a pallet of evil hollow points.....

  • Author

I am not looking to do anything but buy firearms for myself when I see something I'd like to have and can afford.  I am not buying in quantity, for the purpose of resale or anything else.  My thought was I would purchase guns at my other home because it's just less BS than what I go through now.  I also wouldn't transport any firearm to NJ that wasn't legal, e.g. magazine capacity issues.  

I am not looking to do anything but buy firearms for myself when I see something I'd like to have and can afford.  I am not buying in quantity, for the purpose of resale or anything else.  My thought was I would purchase guns at my other home because it's just less BS than what I go through now.  I also wouldn't transport any firearm to NJ that wasn't legal, e.g. magazine capacity issues.  

 

EXACTLY!  And I completely agree.  I merely posted what I did so as to eliminate any possibility of the written word being mistaken for any vagueness.  Just be sure to follow all Florida law and neuter any "evil assault rifles or shotguns" prior to crossing the NJ state line (as you just mentioned).  Sometimes I post things so there isn't ANY ambiguity, since some here like to Nit-Pick me.  Didn't ever mean to imply you were guilty of gun running OR anything else other than being a Collector/Shooter wishing to obey the laws of the PRNJ.

 

Have a great year in 2015 and enjoy finishing the house!

 

Dave

  • Author

Don't misread what I said--I know written is tough to interpret compared to speaking directly. I appreciate you making sure I didn't do something compromising. I was just giving you the detail about my motives. I'm just tired of the dumbness around NJ gun laws. Again, I appreciate your post. Better safe than sorry.

^^^^^NP and have a nice weekend!  Sometimes I answer things so that readers (other than the OP) who think of the NEXT question in their minds already get the answer they seek.

 

GTG!

I'm looking at that but I think it's a drivers license.

FL used to have a part time resident drivers license which was perfectly acceptable ID for gun purchases there. They had to stop issuing it because of the Real ID Act. There are undoubtedly thousands of FL part time residents this effected.

 

Stop by a few (note a few) FFLS in FL, explain your situation and see what type of ID they will accept. You should be able to get a FL state ID card. Don't give up pursuing a legal easier way to purchase handguns. I'm sure you will find a FL FFL who knows what you can do. Tax bills, utility bills, and anything of that sort addressed to you at your FL address can be used to establish residency. I would also be getting a FL resident carry permit if I were you. A FFL is acting in their own right by requiring certain ID to establish residency so go talk to a few.

  • Author

I'm going to register my cars there and get a drivers license, probably going to ditch my Jersey license.  I'll spend a good chunk of my time FL.

I used to have a house in FL, car registered and insured there, But my license was from NJ. I questioned dual residency at the FL DMV when I was getting the title transfer, plates ect (it was an inheritance, real estate and personal property). I questioned about dual residency and was told no such thing (this was about 4 years ago). I went as far as to see if seeing I owned a home in NJ and FL if I could be a FL resident with a home in NJ. The answer is your a resident (with the exception of military service) in the state you reside 6 months+ a year. You may? be able to get a non-driver state ID and purchase fire arms with it. But if God forbid you ever had to use that firearm and an  aggressive investigating prosecutor started digging you'd probably find yourself in a place you don't want to be.  

The atf is very clear on it. Even if you consider it your "vacation" home and you are there 2 days a month.(assuming it isn't a seasonal rental type thing) For those two days you are a resident of that state and can purchase anything

 

The atf is very clear on it. Even if you consider it your "vacation" home and you are there 2 days a month.(assuming it isn't a seasonal rental type thing) For those two days you are a resident of that state and can purchase anything

 

 

Well done, Grasshopper :)

 

I'm so proud...

n4p226r

I'll take your word for it, I never read the atf definition of residency. And as a property owner I do believe you can get a state non-driver ID card legit in FL. So your saying if you live in NJ and have a week end house in FL the feds are ok with your buying a firearm in either state? That's interesting. Now I think I need to find a 25'x25' spot in the swamp for sale, park a rust ole Winnebago on it an call it home sweet home

Please don't take my word for it.  I'd hate to be the one who lands someone in jail.  

 

Here is all the info direct from atf.gov

 

 

From Title 27 → Chapter II → Subchapter B → Part 478 → Subpart B → §478.11

 

 

§478.11   Meaning of terms.

 

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 on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip. 
Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y. 
Example 3. A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation. 
Example 4. A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.
 
 
 
 
 
it seems the ATF loves the word intention:  buy a sig SBR brace and intend to use it as described...you are ok to sometimes shoulder it.  buy a sig sbr brace with the intention of making an SBR without a tax stamp....illegal.      buy a gun for your uncle with his money, straw purchase.   buy a gun for yourself, realize you hate it, sell it to your uncle a week later.   legal.  at least this definition makes sense. 

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