Out of State gun purchase restrictions upheld on appeal

[Walkingwolf]

I kicked around this website for a while and couldn't find anything close to what you're talking about. If you're a member of the Driver License Compact, which Florida is, you can only have one driver license . . .

Moving to Florida

Edit: Searched "Can a Florida resident have two driver licenses?" Found this, from 2009 . . .

New rule requires part-timers to surrender state driver license to get one in Florida

It appears the change was in 2009, I moved out in 95. That is a shame because changing license two, or three times a year is a hassle that shouldn't be. This is the problem when the federal government sticks their nose into state affairs. It is why national reciprocity is a bad idea.

 

[jag312]

I have my ranch in the Free State of Nevada, and I have a place in Santa Cruz in the Peopls's Republic of California. Nevada Drivers License, Nevada registration on cars and motorcycles, and no State income tax. I can get any gun I want in Nevada. If there is an antique or C&R firearm in California, I have my C&R FFL. The only thing that California has that I don't have in Nevada is the Pacific Ocean.

 

[Muss Muggins]

It appears the change was in 2009, I moved out in 95. That is a shame because changing license two, or three times a year is a hassle that shouldn't be. This is the problem when the federal government sticks their nose into state affairs. It is why national reciprocity is a bad idea.

I'm not sure that establishing a process to verify that state ID's actually represent the person holding them is a bad idea, but hey, to each his own . . .

 

[SMSgt]

That was my understanding, but the ATF can, and has shifted rules. It is possible to have a drivers license in two states, it is common in Florida. They have a permanent, and resident license, unless that has changed.

Having acquired DLs in several different states during my service, I had to surrender the previous state's DL each time, the last being in FL in '93.

 

[Walkingwolf]

Having acquired DLs in several different states during my service, I had to surrender the previous state's DL each time, the last being in FL in '93.

I kept my DL while in the service from my home state. Never changed it. Unless things have changed the soldiers here have their home state DL, and they can still buy firearms in this state with out of state DL.

 

[Muss Muggins]

I kept my DL while in the service from my home state. Never changed it. Unless things have changed the soldiers here have their home state DL, and they can still buy firearms in this state with out of state DL.

That is a different matter than what you described earlier, and yes, my understanding is that, based on the nature of your orders, it is possible for someone in the military to buy a firearm in another state with an out of state driver license. It's not an automatic thing, however . . .

 

[joeintexas]

Having recently moved to Florida from Texas and still owning a home in Texas I can tell you Florida required me to exchange my Texas drivers license for a Florida drivers license. Only one residence can be declared. Cost to register two vehicles in Florida for the first time from another state...a little over $700.

 

[johngalt]

My brother just went through this. Has homes in both IL and FL. Has an IL drivers license. He bought a gun while in FL, used his FL property tax bill as proof of residence, from a FFL. 100% legal for a resident to buy a firearm in any state he has a home, regardless of who issued his drivers license.

 

[TTSH]

My brother just went through this. Has homes in both IL and FL. Has an IL drivers license. He bought a gun while in FL, used his FL property tax bill as proof of residence, from a FFL. 100% legal for a resident to buy a firearm in any state he has a home, regardless of who issued his drivers license.

Same with the second home in Florida "snowbirds" I know as well. Whoever said or implied that proof of residence must be a driver's license is dead wrong. That also applies to folks I know with summer places up in NH, ME and VT.

I just wish I had that option myself, but no second home for dirt poor old moi.

 

[CAJUNLAWYER]

You can't have dual residency of a state. Have to pick one. This is generally dictated by where your driver license is. As an example, if you establish residency in Missouri, you have to get a Missouri driver license and surrender your other license . . .

Actually one CAN have dual residency. One can have only one DOMICILE however. That domicile is the place you are registered to vote, exercise your homestead exemption and declare for your drivers license. My domicile is in Iberia Parish Louisiana, in the quaint town of Jeanerette. As is my primary residence. If I spend 11 months out of the year in my chalet in Mississippci I have dual residences. However my domicile remains in Louisiana unless and until I change it wither formally by filing a declaration in the County courthouse or by actually changing my voters registration and homestead to Mississippi. technically my two oldesy children are still domiciled at home as they still register to vote out of this address-however they have lived in Baton Rouge for years. They therefore have a residence and a domicile both separate.

 

[GKC]

We recently moved within Texas...not from one state to another, but one city to another, within the state of Texas. So, I still have a Texas driver's license. I hadn't yet gotten my new license with my new address when I ordered a gun from Gun Genie, to be shipped to a FFL in our new location. I went in to pick it up, and the dealer refused to sell it to me because the address on my license wasn't current, and didn't match the address I had given to Gun Genie. I was getting pretty upset, but he offered to go in online, change my address for me, and print out a temporary license. (I had to pay the $11 fee for that, but I would have had to anyway if I'd just done it on my own.) Then he said he'd sell me the firearm, and completed the transaction. It all ended up working out, and I wanted the gun since I got it at a good price, but I've never heard of a gun dealer refusing to sell a gun because the address wasn't current...just that it was within the state.

Anyone else had this happen?

 

[c1ogden]

We recently moved within Texas...not from one state to another, but one city to another, within the state of Texas. So, I still have a Texas driver's license. I hadn't yet gotten my new license with my new address when I ordered a gun from Gun Genie, to be shipped to a FFL in our new location. I went in to pick it up, and the dealer refused to sell it to me because the address on my license wasn't current, and didn't match the address I had given to Gun Genie. I was getting pretty upset, but he offered to go in online, change my address for me, and print out a temporary license. (I had to pay the $11 fee for that, but I would have had to anyway if I'd just done it on my own.) Then he said he'd sell me the firearm, and completed the transaction. It all ended up working out, and I wanted the gun since I got it at a good price, but I've never heard of a gun dealer refusing to sell a gun because the address wasn't current...just that it was within the state.

Anyone else had this happen?

ATF requires proof of residence in the state where you are making the purchase of a handgun but there is no requirement that addresses match. This from ATF's website:

What form of identification must a licensee obtain from a transferee of a firearm?

The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee's name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a current driver's license.

A combination of government issued documents may be used to meet the requirements of an identification document. For example, a passport which contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee in order to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.

 

[stringpicker]

To address an earlier comment, I am a permanent resident of PA and not Ohio for various reasons, and would prefer to keep it that way for the time being. If I officially move to Ohio, I give up my PA LTCF, and have to wait 45 days to be granted a CCW in Ohio. That's 45 days that I won't be able to legally conceal in an effort to protect me or my wife. Since I refuse to be without the legal ability to protect myself as I'd like, I"m a PA resident.

To make matters worse, I have a vehicle in Ohio, registered and licensed to me, carrier of an out of state license. I was recently confronted in Ohio by a local LEO about my having only one license plate on my PA licensed vehicle, which is also in Ohio. I had to remind him that PA issues only one plate, instead of the two that Ohio issues.

My residing in two different states has created a slew of issues for me and my bride over the years, but nothing that's too pressing. I do wish that I could purchase and take receipt of a firearm here in Ohio, but the PA thing keeps popping up. Oh, well...I can always send it to an FFL I know in PA and collect it in the odd numbered months, when I go back to check on things.

I do wish that the state issue was no longer an issue, though...

 

[stringpicker]

ATF requires proof of residence in the state where you are making the purchase of a handgun but there is no requirement that addresses match. This from ATF's website:

What form of identification must a licensee obtain from a transferee of a firearm?

The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee's name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a current driver's license.

A combination of government issued documents may be used to meet the requirements of an identification document. For example, a passport which contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee in order to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.

I've attempted to use the vehicle registration as proof of address, but since it didn't match the same address on my DL, the FFL refused. I'm guessing that fear of making a mistake prevented him from making the sale.

 

[Muss Muggins]

If you lived in Missouri instead of Ohio under that same scenario, you would have one of two things by now: A stack of tickets for No Missouri Driver License and Improper Vehicle Registration, or a Missouri Driver License and a Missouri Vehicle Registration . . .

To address an earlier comment, I am a permanent resident of PA and not Ohio for various reasons, and would prefer to keep it that way for the time being. If I officially move to Ohio, I give up my PA LTCF, and have to wait 45 days to be granted a CCW in Ohio. That's 45 days that I won't be able to legally conceal in an effort to protect me or my wife. Since I refuse to be without the legal ability to protect myself as I'd like, I"m a PA resident.

To make matters worse, I have a vehicle in Ohio, registered and licensed to me, carrier of an out of state license. I was recently confronted in Ohio by a local LEO about my having only one license plate on my PA licensed vehicle, which is also in Ohio. I had to remind him that PA issues only one plate, instead of the two that Ohio issues.

My residing in two different states has created a slew of issues for me and my bride over the years, but nothing that's too pressing. I do wish that I could purchase and take receipt of a firearm here in Ohio, but the PA thing keeps popping up. Oh, well...I can always send it to an FFL I know in PA and collect it in the odd numbered months, when I go back to check on things.

I do wish that the state issue was no longer an issue, though...

 

[johngalt]

To address an earlier comment, I am a permanent resident of PA and not Ohio for various reasons, and would prefer to keep it that way for the time being. If I officially move to Ohio, I give up my PA LTCF, and have to wait 45 days to be granted a CCW in Ohio. That's 45 days that I won't be able to legally conceal in an effort to protect me or my wife. Since I refuse to be without the legal ability to protect myself as I'd like, I"m a PA resident.

To make matters worse, I have a vehicle in Ohio, registered and licensed to me, carrier of an out of state license. I was recently confronted in Ohio by a local LEO about my having only one license plate on my PA licensed vehicle, which is also in Ohio. I had to remind him that PA issues only one plate, instead of the two that Ohio issues.

My residing in two different states has created a slew of issues for me and my bride over the years, but nothing that's too pressing. I do wish that I could purchase and take receipt of a firearm here in Ohio, but the PA thing keeps popping up. Oh, well...I can always send it to an FFL I know in PA and collect it in the odd numbered months, when I go back to check on things.

I do wish that the state issue was no longer an issue, though...

It doesn't matter who issued your driver's license. You need some sort of documentation that shows residency - for example a utility bill, tax bill, or lease agreement with your name and address on it. If you have a home in Ohio, and are residing in Ohio, you can buy in Ohio. Finding a LGS that understands the law is a different matter.

 

[TTSH]

It doesn't matter who issued your driver's license. You need some sort of documentation that shows residency - for example a utility bill, tax bill, or lease agreement with your name and address on it. If you have a home in Ohio, and are residing in Ohio, you can buy in Ohio. Finding a LGS that understands the law is a different matter.

Bingo! And repeated for its truth: "If you have a home in Ohio, and are residing in Ohio, you can buy in Ohio."

I can actually understand an Ohio FFL not going along on the basis of an Ohio vehicle registration by itself. That proves little to nothing about the nature of your part year residency. Johngalt (above) has it right. I would have brought your property tax bill (or lease agreement) and one or more utility bills...plus any other proof you might have of a period of actual Ohio residency... not just visiting for the weekend, not just vacationing for a week, not just checking on your place off-season... but a legitimate period of actual Ohio residency.

If that doesn't work, you are working with the wrong Ohio FFL.

Sorry to rant a bit, but I think it's a damn shame that you feel you have to have the gun you want shipped back to an FFL in PA.

 

[Weimar]

My only comment is that NOT doing it because of a 45 day wait is a bit extreme. I mean, 45 days goes by awful fast. Just do it. I know people get caught up in not carrying, but how many times in the last two yrs have you needed a gun on you? Lock it in the trunk so its legal, you can still get to it, but not be illegal. 45 days flies by, if thats the only/primary reason.