Multi-state residency, purchase rules

[whatshappeninman]

Hi everyone,

While bemoaning my 15 years of NJ residency, I was combing through Evan Nappen's New Jersey Gun Law Guide, and I came across this gem on page 118:

Please note that under Federal law, dual residency is recognized for handgun purchase purposes under Title 27, CFR Part 478.11. This Regulation as defined gives the following definition and specific examples of dual residency:

The State of Residence is 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. ... The following are examples that illustrate this definition:

...

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'.

...

A person who qualifies under the Federal requirements may purchase handguns in other states while a resident of the other state and lawfully transport them and possess them in New Jersey without needing a NJ FPID or PPP or registration under the Federal law of USC 18 926A and the NJ law exemptions of NJS 2C:39-6.

For some time now (particularly in light of real estate pricing) I have eyed an investment (buy or rent, either is possible) in a summer/weekend home in a second state - possibly in a county that is NFA friendly (and likely to remain that way), but not critical. Ham-radio friendly would also be awesome - zoning/CCRs and other covenants preventing antenna use would be another consideration - another serious problem here in NJ.

Does PA law preclude exercising the Federal allowance in Example 2 above, and are there FFLs who are known to folks on this board who will accept a recent utility bill as proof of ownership/residency?

My canvass of New England/NH boards (the 'live free or die' state, where I understand Nappen now lives) has shown that NH law does indeed permit this, and there actually are FFLs who will happily do business with part-time residents who can present photo ID from any state and a utility bill from NH.

I want a refuge for weekends, and if the law allows it I want to take advantage of other states' abiding trust in their citizens. PA has strong advantages in that it is obviously much closer and that I don't have to pass through other (NY, arguably CT and MA) virulently anti-freedom states to get there.

Thoughts?

[knight0334]

A weekend or vacation home wouldn't constitute residency.

[tl_3237]

AFAIK there are no Pa laws regarding firearm purchasing that would preclude applying the 478.11 definition of residency - whether an FFL will participate is an individual business decision.

Remember that ownership does not necessarily equate with residency. The later requires that you use the Pa property as a 'home' and reside in it at least part of the year.

As to the last part of Nappen's quote I would point out that NJ does not provide an exemption for the transport of firearms between residences EXCEPT when moving. In addition whether 18 USC 926A would provide protection from NJ's prohibitions is unclear at this time -

see:http://forum.pafoa.org/concealed-ope...ly-report.html

Reliance on the ability to buy firearms in Pa and then transport them back to NJ is risky unless you have an NJFPID card for longarms or NJCCW for handguns. In addition, since you presumably would not be moving your household during your return trips to NJ, you may run afoul of 18 USC 922(a)(3) for firearms that were not purchased through an FFL.

[whatshappeninman]

AFAIK there are no Pa laws regarding firearm purchasing that would preclude applying the 478.11 definition of residency - whether an FFL will participate is an individual business decision.

Ok, thanks... I will continue to research to see if there are any known FFLs who are familiar with this law and comfortable with it.

Remember that ownership does not necessarily equate with residency. The later requires that you use the Pa property as a 'home' and reside in it at least part of the year.

Understood, and yes, that would be my intention - I am seeking, would probably buy or at least rent, and use, a weekend/vacation home.

As to the last part of Nappen's quote I would point out that NJ does not provide an exemption for the transport of firearms between residences EXCEPT when moving. In addition whether 18 USC 926A would provide protection from NJ's prohibitions is unclear at this time -

see:http://forum.pafoa.org/concealed-ope...ly-report.html

Reliance on the ability to buy firearms in Pa and then transport them back to NJ is risky unless you have an NJFPID card for longarms or NJCCW for handguns.

I appreciate this caution, and any gun owner living in or passing through an anti-gun jurisdiction should be aware that reliance on FOPA is risky.

That said, New Jersey declares any and all possession of any kind of firearm (and the definition of "firearm" is, in itself, broad) a felony (usually 2nd degree, 7 year minimum sentence) unless you prove to a jury in a very hostile courtroom that you meet the exemptions. Any encounter with law enforcement involving guns in New Jersey is a guaranteed trip to the courtroom virtually regardless of the circumstances. Gun ownership and possession of any kind is perilous each and every minute of every day in New Jersey.

I should also add that Nappen clearly believes that 18 USC 926a does cover NJ residents, and is confident he would [eventually] win such a case, leading me to speculate that NJ would likely be reluctant to bring it before the courts to avoid case law they do not like.

Nonetheless, I do possess a valid NJ FPID card, so New Jersey-specific statutory exemptions for long arm possession [are supposed to] apply.

Note that NJ-specific exemptions also exist for travel to and from an FFL or a target range - they do not have to be NJ FFLs or target ranges. So an especially cautious individual could simply travel from his/her home in either state to a PA FFL or target range, and then proceed from there to his/her other residence, and have bona fide NJ-specific protection for handgun and longarm possession.

In addition, since you presumably would not be moving your household during your return trips to NJ, you may run afoul of 18 USC 922(a)(3) for firearms that were not purchased through an FFL.

My preference for any hypothetical purchase/transfer would be through an FFL, though I do believe that lawful transfers can and do occur in other states through private parties (e.g., NH), so I think it would be again an issue of whether or not PA state law permits a private transfer.

[ericnjttz]

Im glad I found this forum and this post. I am hoping someone can clerify some things for me.

I rent a place in both New Jersey and Philadelphia. I pay income tax in both states (more in PA). However, my license, registration, and auto insurance is all in NJ. The reason being is I do not drive in Philadelphia, it's very rare that I ever have my car here. Parking is a nightmare so I take public transit and walk.

To the question: I want to buy a handgun in PA. The handgun will never leave PA. I do not want to transfer my license/insurance/registration over to PA. Will I be able to use my NJ license and provide proof of recidency in PA (utility bills, lease, paystub with city resident tax, etc) to buy a firearm in PA?

Any info is greatly appreciated. I have done a lot of searching but everything I have found is people wanting to take their firearms back to NJ, thats not the case for me.

[rwilson452]

a partial answer. PA does NOT allow for private transfer of handguns other than the son/father/grandfather line.

[father-of-five]

Note that NJ-specific exemptions also exist for travel to and from an FFL or a target range - they do not have to be NJ FFLs or target ranges. So an especially cautious individual could simply travel from his/her home in either state to a PA FFL or target range, and then proceed from there to his/her other residence, and have bona fide NJ-specific protection for handgun and longarm possession.

The problem here is that this, too, can land one in a courtroom to try to prove this exemption. This is what I find most frustrating about New Jersey. It isn't about the lawfulness of the gun owner, it's about how irritable or anti-gun the police officer is who is questioning you and/or charging you after you are pulled over driving to the shooting range, and he does not believe that is where you are going. I realize this is playing devil's advocate, but there is so little by way of the law that backs a person up, the New Jersey legal system knows it and seems to like it that way. It seems like in New Jersey one has to be lucky, not careful and lawful, and I hate that.

[tl_3237]

Im glad I found this forum and this post. I am hoping someone can clerify some things for me.

I rent a place in both New Jersey and Philadelphia. I pay income tax in both states (more in PA). However, my license, registration, and auto insurance is all in NJ. The reason being is I do not drive in Philadelphia, it's very rare that I ever have my car here. Parking is a nightmare so I take public transit and walk.

To the question: I want to buy a handgun in PA. The handgun will never leave PA. I do not want to transfer my license/insurance/registration over to PA. Will I be able to use my NJ license and provide proof of residency in PA (utility bills, lease, paystub with city resident tax, etc) to buy a firearm in PA?
Any info is greatly appreciated. I have done a lot of searching but everything I have found is people wanting to take their firearms back to NJ, thats not the case for me.

Provided you have a bona fide Pa residence then, for Federal Firearm Law purposes (18 USC Ch 44), under 27 CFR 478.11 (see post #1) you are a Pa resident during the time you occupy that Pa residence. With that established then you can legally purchase firearms (handguns and longarms) just like any other Pa resident. AFAIK there are no Pa state laws that would prevent the purchase.

As I pointed out in post #3, whether a particular FFL will participate is an individual business decision. Some may be leery about participating considering you have ID from a hoplophobic state.

Assuming that you keep the firearm in Pa at all times then the cautions concerning NJ transport mentioned in this thread do not apply.

[whatshappeninman]

I should update that since this post, I spoke to a firearms attorney at length, and he confirmed that Federal law does allow a person in this scenario to purchase firearms in accordance with PA law, and PA law also doesn't prohibit transfers of this kind.

Both Nappen and this attorney, it should be noted, emphatically assert that transport is also protected activity, and while they acknowledge that it is highly risky and probably considered illegal by many legal authorities in NJ (prosecutors, the AG, police chiefs/politicians), etc, and that exercise of this right is perilous and likely to result in a lengthy and expensive battle to stay out of prison, it is legal and that a defendant would be likely to ultimately prevail.

Such is the case for the exercise of the Second Amendment right in any manner, as an experienced NJ resident no doubt already knows. Thus, as with gun ownership in general, a gun owner must decide whether to forgo the exercise of their rights in the face of this risk, thus further eroding the cause of liberty in the name of legal safety (something I could never condemn anyone for choosing), or accepting the risk that comes with a cherished, fundamental and crucial right.

I began but did not have the chance to conclude an exhaustive search of PA FFLs aware of this law and willing to work with multi-state residents as customers. I have called several, and went politely around in circles. That doesn't mean they aren't out there, but I haven't found them yet. Most likely you're looking for a kitchen-table FFL.

Please - if you DO find one (BATFE and other sites have lists of FFLs by state), please do us a huge favor and let us know - or at least, please send me a PM. A real estate broker will owe you a big thanks!

[whatshappeninman]

The problem here is that this, too, can land one in a courtroom to try to prove this exemption. This is what I find most frustrating about New Jersey. It isn't about the lawfulness of the gun owner, it's about how irritable or anti-gun the police officer is who is questioning you and/or charging you after you are pulled over driving to the shooting range, and he does not believe that is where you are going. I realize this is playing devil's advocate, but there is so little by way of the law that backs a person up, the New Jersey legal system knows it and seems to like it that way. It seems like in New Jersey one has to be lucky, not careful and lawful, and I hate that.

I completely understand your frustration.

However, ALL possession is unlawful except through exemption. The courts have made it clear that firearms ownership carries legal peril in all circumstances - even those widely considered to be lawful. Transport and possession are legally indistinguishable in NJ. Taking this caution to its logical conclusion, one would be forced to advise any NJ resident to forgo firearms ownership entirely because it is so legally perilous - and frankly, they'd have a legitimate argument.

I guess what I'm saying is - if you own a firearm in NJ, you've already signed on for the risk, whether many people realize it or not. Thus, I encourage people to be educated about the risk, to mitigate it intelligently (e.g., don't do things that would likely result in a traffic stop, no NRA bumper stickers, know how to politely assert your rights, have an attorney on speed dial, etc.), and to enjoy it peacefully and responsibly.