I am a part time PA resident, can I buy a firearm?

[phil21]

Hello all,
I am currently a NY resident (my Drivers License) and own a home in Pennsylvania (Lake Ariel). I was wondering if I am legally allowed to purchase a gun, which will stay locked up in Pennsylvania at all times. I have proof of my address in PA.
Can I legally purchase a handgun? I have no criminal record or anything that would prevent me from being allowed to.
Thank you so much,
Phil

[JoshIronshaft]

The driver's license is what the FFL cares about. Some FFL's may refuse to sell you a long gun that is non-compliant with the NY Safe Act to avoid potential headaches and no FFL will sell you a handgun.

[phil21]

thank you so much

[markshere2]

What he said.

Get a PA driver's license and you are good to go.

[tl_3237]

Hello all,
I am currently a NY resident (my Drivers License) and own a home in Pennsylvania (Lake Ariel). I was wondering if I am legally allowed to purchase a gun, which will stay locked up in Pennsylvania at all times. I have proof of my address in PA.
Can I legally purchase a handgun? I have no criminal record or anything that would prevent me from being allowed to.
Thank you so much,
Phil

If you use that Lake Ariel property as a second home then you should be able to purchase firearms in Pa, both longarms and handguns, while you are in residence there even though it is not your primary residence. I would advise keeping any firearms in the Pa home unless you are vacating same - then you have to be concerned about NY laws to import them into you NY residence.

AFAIK there are no Pa laws regarding firearm purchasing that would preclude applying the 27 CFR 478.11 definition of residency - whether an FFL will participate is an individual business decision but the legality is well established.

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.



For purposes of the FEDERAL firearms laws (18 USC Ch 44) the following definition of residency is used:

27 CFR 478.11 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 on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

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.

Example 3. A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4. A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.

Also from the ATF ruling 2010-6:

ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an off-campus location, they are considered residents of the State where the on-campus or off-campus housing is located.

[elweasel]

According to the ATF's definition of resident, if you live in both states equally, when you are in PA you are a resident of PA, When you are in NY you are a resident of NY. This is stated on their website. There are three situation where the ATF allows this transfers, Military, Students, and Double Home owners.

Now to repeat what was posted before no FFL would sell you a pistol with your ID from NY. Even though they can read the definition on the website, they still will not take a chance. I run into the same situation in FL. I live here and there and pay taxes and utilities for both, but no FL FFL will take a chance.

[ExFlyinguy]

The OP can not get a PA Drivers License without surrendering his NY license.

However I am wondering if he can get a PA ID only card, would a FFL honor that??

[Grey Bearded One]

However I am wondering if he can get a PA ID only card, would a FFL honor that??

I looked into that for my daughter and was told by the DMV that to get a PA ID she would have to surrender her Maryland license.

I suppose that you could lie and say that you don't have a license from another state.

[PAMedic=F|A=]

The OP can not get a PA Drivers License without surrendering his NY license.

However I am wondering if he can get a PA ID only card, would a FFL honor that??

They should. Obviously the Amish do not have Driver's licenses. I believe they even have non-photographic IDs.

[ExFlyinguy]

I looked into that for my daughter and was told by the DMV that to get a PA ID she would have to surrender her Maryland license.

I suppose that you could lie and say that you don't have a license from another state.

Thanks GBO, unfortunately you are correct as I just found that on the application form.