Question about buying a firearm in Wisconsin

I have a residence in both Wisconsin and Indiana, and an Indiana drivers license. I decided to stop at Cabalas to see what it looked like since bought by Bass Pro. It looked about the same.

It is legal according to Federal law for me to buy a pistol in Wisconsin since I have a residence here. I don't have a Wisconsin DL, so I asked them what they would need as proof of residency. The first guy tried to insist that there is no such thing as dual residency and I could only buy in the primary state that issued my DL, which is 100% incorrect. The next guy insisted I need a Wisconsin picture ID.

Given their prices, I'm not much interested in buying there, but would like to get the correct info.

So does Wisconsin require a picture ID issued by WI, or will any anything such as a bill mailed to my WI address do? I can't find anything in Wisconsin's laws requiring a WI issued ID.

He is right. You can only buy long guns in a contiguous state to your primary state of residence. You can only buy handguns in your state of primary residence. The exception would be if you have a Federal Firearms License. Since Wisconsin and Indiana are not contiguous you may not buy any firearms in Wisconsin. There is a distance of approximately 60 miles between the closest points of Wisconsin and Indiana.

This has absolutely nothing to do with Wisconsin Law and everything to do with Federal Law. Contact your local BATFE Office and ask them if you choose to not believe this!

And, BTW, you can only buy long guns in a contiguous state, in your case Illinois, Kentucky, Ohio or Michigan, if the laws of your state of primary residence, Indiana, allows this! It isn't automatic just because Federal Statutes say it may be!

In the eleven plus years we have both been members of this forum I cannot believe you have never read a single post discussing exactly this issue! It has been discussed numerous times, including at least once this month.

R/E federal law, you can buy the handgun, you just have to have it shipped to an FFL in your primary state of residence to complete the purchase and take delivery.

Unless something has recently changed, you can buy a long gun in another state that is not contiguous to your home state. I have purchased a fair number of long guns from FFL's in Maine and taken direct possession in Maine, while residing in CT and PA.

Certain state laws may prohibit the above, depending on the states involved, but not federal law.

https://www.google.com/url?sa=t&rct...s_online.pdf&usg=AOvVaw0OBz2I8f9ztuAN9Ohrp0M3

Larry

johngalt said:

I have a residence in both Wisconsin and Indiana, and an Indiana drivers license. I decided to stop at Cabalas to see what it looked like since bought by Bass Pro. It looked about the same.

It is legal according to Federal law for me to buy a pistol in Wisconsin since I have a residence here. I don't have a Wisconsin DL, so I asked them what they would need as proof of residency. The first guy tried to insist that there is no such thing as dual residency and I could only buy in the primary state that issued my DL, which is 100% incorrect. The next guy insisted I need a Wisconsin picture ID.

Given their prices, I'm not much interested in buying there, but would like to get the correct info.

So does Wisconsin require a picture ID issued by WI, or will any anything such as a bill mailed to my WI address do? I can't find anything in Wisconsin's laws requiring a WI issued ID.

Click to expand...

I think it's going to be up to the shop to decide what level of documentation you are going to need to show them to prove current Wisconsin residency. And remember, it's not just that you happen to own a place in Wisconsin. That's not enough (or isn't supposed to be enough). You need to actually be residing there (not just vacationing or up for the weekend) during the time you want to buy a gun there.

Alk8944 said:

He is right. You can only buy long guns in a contiguous state to your primary state of residence. You can only buy handguns in your state of primary residence. The exception would be if you have a Federal Firearms License. Since Wisconsin and Indiana are not contiguous you may not buy any firearms in Wisconsin. There is a distance of approximately 60 miles between the closest points of Wisconsin and Indiana.

This has absolutely nothing to do with Wisconsin Law and everything to do with Federal Law. Contact your local BATFE Office and ask them if you choose to not believe this!

And, BTW, you can only buy long guns in a contiguous state, in your case Illinois, Kentucky, Ohio or Michigan, if the laws of your state of primary residence, Indiana, allows this! It isn't automatic just because Federal Statutes say it may be!

In the eleven plus years we have both been members of this forum I cannot believe you have never read a single post discussing exactly this issue! It has been discussed numerous times, including at least once this month.

Click to expand...

Yes, I have seen this discussed numerous times, and the information given is usually wrong. It was just discussed in the Lounge recently, the same incorrect information was posted there yet again, to which I responded.

A person may buy a firearm (both pistol or long) in any state where he has a residence, regardless of who issued his drivers license, according to BATFE. He may do so 'while residing there', whatever that means. As far as BATFE is concerned, there is no such thing as a 'primary residence'. Since I am physically here, it seems I must be residing here.

The contiguous state requirement for long guns is out of date, that was done away with a number of years ago, and would have only applied to non-residents. Even the Cabalas guy said I could buy a long gun and take it with me.

My brother has homes in both IL and FL, IL issued his drivers license. He just bought a pistol in FL, from a FFL. He used his property tax bill as proof of residence.

I'm just trying to find out if WI requires a WI issued photo ID to buy a pistol, or what is required to show you have a residence.

I agree that finding an FFL who actually knows the law is another issue, as I suspect this doesn't come up often.

johngalt said:

. . . It is legal according to Federal law for me to buy a pistol in Wisconsin since I have a residence here. . .

Click to expand...

That's not exactly how it works. The clerks were correct if you could not prove you were physically residing in WI at the time. I suspect most FFL's err on the side of caution with this matter . . .

May a person who resides in one State and owns property in another State purchase a firearm in either State? | Bureau of Alcohol, Tobacco, Firearms and Explosives

What constitutes residency in a State?

For Gun Control Act (GCA) purposes, a person is a resident of a State in which he or she is present with the intention of making a home in that State. The State of residence for a corporation or other business entity is the State where it maintains a place of business. A member of the Armed Forces on active duty is a resident of the State in which his or her 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 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.

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

johngalt said:

Yes, I have seen this discussed numerous times, and the information given is usually wrong. It was just discussed in the Lounge recently, the same incorrect information was posted there yet again, to which I responded.

Click to expand...

It's not really worth asking here anymore. People believe what they want to believe regardless of what the ATF says. And you are right, that includes some shop owners as well. The Florida dealers tend to be a lot more used to the part-year residency thing because of so many snowbirds coming down from the northern states in wintertime. Other states? Maybe not so much.

Alk8944 said:

He is right. You can only buy long guns in a contiguous state to your primary state of residence. You can only buy handguns in your state of primary residence. The exception would be if you have a Federal Firearms License. Since Wisconsin and Indiana are not contiguous you may not buy any firearms in Wisconsin. There is a distance of approximately 60 miles between the closest points of Wisconsin and Indiana.

This has absolutely nothing to do with Wisconsin Law and everything to do with Federal Law. Contact your local BATFE Office and ask them if you choose to not believe this!

And, BTW, you can only buy long guns in a contiguous state, in your case Illinois, Kentucky, Ohio or Michigan, if the laws of your state of primary residence, Indiana, allows this! It isn't automatic just because Federal Statutes say it may be!

In the eleven plus years we have both been members of this forum I cannot believe you have never read a single post discussing exactly this issue! It has been discussed numerous times, including at least once this month.

Click to expand...

This is wrong. Perhaps read the OPs post again.

I can not say for sure about Wisconsin. But you can get a State ID card (looks just like a DL)

or if the FFL knows what the hell they are talking about you can provide two forms of proof such as a property (home) tax bill and say a Utility Bill.

Yes, you can by a gun in a State that you have dual (home) ownership. As mentioned it is very common in Florida where folks live 6 months her and the other 6 back in Wisconsin, Michigan, Ohio or where ever.

Consult your Local ATF office or inquire in the lounge

I get all my legal advice on the forum.

John
3298658996
Dormitory 6
FCI Milan
Milan Michigan

See ya in three to five!

I recently worked part time at a Wisconsin LGS for a year and a half or so, hopefully this will help clarify the requirements.

In Wisconsin handgun sales are regulated by the WI state Department of Justice. A separate state form is filled out for handgun purchases. Information provided by the buyer is transmitted to the state DOJ by either phone or computer. From my understanding the state uses multiple systems, including NICS, to conduct the background check. A federal form 4473 is also filled out as well; however it is not used for a separate background check but only to satisfy federal requirements.

Once the dealer receives a proceed from the DOJ the handgun may be transferred. Currently there is no waiting period for handgun transfers. However the DOJ has five business days to complete the check. Most checks came back within a few minutes to a half hour although some took several days.

As part of the check, WI requires "The buyer must provide valid government-furnished photo identification to the seller that contains the buyers name, residence address and date of birth" (material in quotes from the form instructions). Wisconsin does offer a state ID card that can be obtained at the DMV.

So to answer the OP's question, to purchase a handgun in Wisconsin he or she will need a WI DL or ID card.

Thanks for the info, I didn't know WI has a separate background check system for pistols. Both in IN and OH, I fill out the 4473, wait for the NICS approval, take it home.