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Old 04-16-2013, 14:16   #1
AC37
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Selling firearms with dual state residency

Hi all, I have a question I haven't yet quite figured out the answer to. I am legally a resident of Oklahoma at the moment and have my driver's license and OK CCW with an OK address, but currently reside in Utah and have a residency here, an mailing/physical residence address, and pay bills (mostly rent) here accordingly. I am trying to figure out how to go about selling - NOT buying - a few firearms legally without running afoul of either state or federal law. Specifically: if I can legally do Private Party transactions with a Utah resident, if any records are required (they are not in OK), if I have to get a Utah State ID card to do them, if I can legally do them with an Oklahoma resident, if it depends on where I'm physically residing at the moment, or if I'm considered in some sort of no-man's land where my only option is to send/sell the firearm through a licensed gun dealer first.

IIRC the BATF has said in this type of situation, you can -buy- a firearm while residing inside either respective state, but I do not know if the situation is identical for selling as well. However, I also seem to remember there is some sort of difference considered between long guns and pistols for this purpose.

--

ETA, here's the relevant section of the law regarding purchase in my situation and BATF's interpretation, though it's not quite what I'm looking for and do not "own" property in either, but rather rent:

Q: What constitutes residency in a State?

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. 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.

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


Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

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I am trying to study this as best I can, but I have not yet quite found what I am looking for.

Any clarifications, insights, or experiences of people who are or have been in similar situations would be much appreciated!

Last edited by AC37; 04-16-2013 at 14:21..
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Old 04-16-2013, 14:28   #2
sourdough44
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You could go through a local FFL. Just walk in(after asking) with the buyer and your gun. That's one easy way. Another is to list nationally & then send it off to an out of State FFL.

Do you have a close relative in UT? If so let them sell it. Some of these methods may cost a bit more, and could be a turn-off to a few. The upside is no one will come to you asking questions a few years down the road. They may come, but you will have good answers.
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Old 04-16-2013, 18:13   #3
Pier23
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You could contact your state 's Secretary of State for a definitive opinion. Most states have websites for just this kind of question.
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Old 04-16-2013, 18:18   #4
WoodenPlank
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Quote:
Originally Posted by sourdough44 View Post
You could go through a local FFL. Just walk in(after asking) with the buyer and your gun. That's one easy way. Another is to list nationally & then send it off to an out of State FFL.

Do you have a close relative in UT? If so let them sell it. Some of these methods may cost a bit more, and could be a turn-off to a few. The upside is no one will come to you asking questions a few years down the road. They may come, but you will have good answers.
Bingo. Cover your backside, and do it through an FFL.
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