QUESTION regarding state gun laws

[Guest atx780]

Hey guys, quick question - I'm pretty sure that I can sell anywhere through an FFL transfer, right?

The real question is this - we (my family) primarily live in MS, but also own property (houses) in another state, namely TN, that aren't our primary place of residence... Can we legally register weapons in that state to that address? It is not rental property... it is vacation property. I'm assuming yes, but I really don't know.

Any help is appreciated.

Thanks
-Reuben

[kckndrgn]

TN does not have "registration" so nothing to do there.  If you mean you want to be able to purchase IN TN using your TN address information, I think technically you can, but many FFL's will only go by what's on your "valid" ID, as in you MS drivers license.

 

Here is the 4473 text on state of residence:

Question 13.

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 a member of the

Armed Forces on active duty, his or her State of residence also is the State in which his or her permanent duty station is located.

If you are a U.S. citizen with two States of residence, you should list your current residence address in response to question 2 (e.g., if you are buying a

firearm while staying at your weekend home in State X, you should list your address in State X in response to question 2.)

[Oh Shoot]

Hey guys, quick question - I'm pretty sure that I can sell anywhere through an FFL transfer, right?

 
These aren't state laws, they are federal. You can sell a long gun through FFL either in your state or through state of the buyer. However, a hand gun sold to a different state resident may only be transferred through FFL in the buyer's state. Of course, in MS you can sell a long gun or handgun to a MS resident without going through FFL at all, assuming you have no reason to believe they are barred from firearm possession.
 

The real question is this - we (my family) primarily live in MS, but also own property (houses) in another state, namely TN, that aren't our primary place of residence... Can we legally register weapons in that state to that address? It is not rental property... it is vacation property. I'm assuming yes, but I really don't know.

 

 

Not real sure what exactly you're driving at here. I don't think that TN recognizes any kind of "dual residency" for firearms stuff, except for military stationing of those with a different state of record.

- OS

Edited March 14, 2013 by Oh Shoot

[Oh Shoot]

TN does not have "registration" so nothing to do there.  If you mean you want to be able to purchase IN TN using your TN address information, I think technically you can, but many FFL's will only go by what's on your "valid" ID, as in you MS drivers license.

 

Yeah, I've wondered about that little part of the 4473 instructions.

 

A TN FFL can sell a long gun to someone of most any state -- I said "most" because it's "any" for federal law, but some states don't allow their residents to do that, and don't know how FFL's around the country keep up with that, or even if they do.

 

BUT, I don't think you'll find a TN FFL that will sell a handgun except to one who has a TN driver's license or other valid TN id. 'Cause you can't take possession of a handgun except in your actual state of residence by federal law.

 

And as far as your doing personal sales in TN, well ... no legal opinion, but sound pert iffy to me at best should push come to shove.

 

- OS

Edited March 14, 2013 by Oh Shoot

[jhc77]

Edit: Typed too slow, I knew they were coming. Edited March 14, 2013 by JHC77

[Guest atx780]

I think that pretty much answers that question for me... I appreciate the quick response guys.

Not trying to do anything shady, just curious if owning property in another state (other than your primary residence) would qualify someone to buy a handgun from a dealer or even someone privately in that state.

I was more or less just curious.

Thanks!

[Oh Shoot]

Edit: Typed too slow, I knew they were coming.

 

Little did I know that a single personal typing course in high school in 1965 would be so handy so many years later in the Internet Age. :)

 

And though I've been behind many a keyboard for both fun and profit in all all the years since, never did learn to touch-type the top row!

 

- OS

[monkeylizard]

Here's what F-Troop has to say about it:

 

http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf