Pennsylvania Firearm Owners Association
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  1. #1
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    Question Question about residency on line 13 of form 4473

    I have a question about line 13 on ATF form 4473 "What is your State of residency (if any)".

    I live part of the year in NJ. I am not sure if I have to list every state I live in, even if I live there just for a few months of the year. Is section 13 of the form only for out of state sales? I have a PA ID/DL, and no other one from any other state. I also want to get my CCW, would I have to list any other state I live in on the form? What do they do when you get your CCW? I am worried they will want tons of paper work, etc.

    My questions are: Do I have to list every state I live in?

    If so, does this apply if I have a PA ID/DL?

    Is section 13 of the form, only for out of state sales? (For example, an NY resident buys a rifle in PA and then takes it to NY)

    Do I have to list all the states I live in, if I want to apply for a PA CCW?

  2. #2
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    Default Re: Question about residency on line 13 of form 4473

    Don't have to list every state.
    You have 1 state of residency and that is where you file your taxes.

  3. #3
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    Default Re: Question about residency on line 13 of form 4473

    With respect to state of residence for FEDERAL firearm laws ONLY (including 4473) - 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. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. 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 is a U.S. citizen and 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 on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.
    It is NOT defined by where you file resident income taxes or even what state you DL is in. It also is not restricted to the state of your primary residence.

    That being said, an FFL will probably insist is convincing evidence that you are currently residing in a state other than you DL.
    IANAL

  4. #4
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    Default Re: Question about residency on line 13 of form 4473

    >It is NOT defined by where you file resident income taxes or even what state you DL is in. It also is not restricted to the state of your primary residence.

    That being said, an FFL will probably insist is convincing evidence that you are currently residing in a state other than you DL.<


    I am still confused, as there is no way to accurately show residency, (There is no residency application) besides a PA DL and maybe bills in my name, but when you go out to buy a firearm, all they ask for is the PA ID/DL and nothing else. If I were to use another out of state DL, then they would probably require more documentation. So if what you're saying is correct, then I am okay just going out and purchasing, without listing any other state than my address in PA?

    Do you know if the NICS/PICS background check also deals with residency validation? What do they check for?

  5. #5
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    Default Re: Question about residency on line 13 of form 4473

    There is a little more to the law- technically you could try to prove that you also reside in NJ. However it is easy to prove that you are a PA resident since you have a PA DL. It also IN NO WAY BENEFITS YOU to mention a single word about NJ, or even think about it.


    Just go to a gun shop with your legally obtained PA DL, fill out the paperwork stating that you are a PA resident (again, assuming this is true, as it is a crime to lie on the paperwork) and purchase your gun. If you answer honestly and everything you have stated here is true, and you are not a prohibited person, you will be fine.



    Keep in mind if you own a house in NJ it is possible that you may bring your firearm there, but research the laws VERY carefully when doing so. Your PA LTCF (License to Carry Firearms) is NOT valid in The People's Republik of NJ.

  6. #6
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    Default Re: Question about residency on line 13 of form 4473

    Quote Originally Posted by Ye Olde Glock View Post
    I have a question about line 13 on ATF form 4473 "What is your State of residency (if any)".

    I live part of the year in NJ. I am not sure if I have to list every state I live in, even if I live there just for a few months of the year. Is section 13 of the form only for out of state sales? I have a PA ID/DL, and no other one from any other state. I also want to get my CCW, would I have to list any other state I live in on the form? What do they do when you get your CCW? I am worried they will want tons of paper work, etc.

    My questions are: Do I have to list every state I live in?

    If so, does this apply if I have a PA ID/DL?

    Is section 13 of the form, only for out of state sales? (For example, an NY resident buys a rifle in PA and then takes it to NY)

    Do I have to list all the states I live in, if I want to apply for a PA CCW?
    Quote Originally Posted by Ye Olde Glock View Post
    >It is NOT defined by where you file resident income taxes or even what state you DL is in. It also is not restricted to the state of your primary residence.

    That being said, an FFL will probably insist is convincing evidence that you are currently residing in a state other than you DL.<


    I am still confused, as there is no way to accurately show residency, (There is no residency application) besides a PA DL and maybe bills in my name, but when you go out to buy a firearm, all they ask for is the PA ID/DL and nothing else. If I were to use another out of state DL, then they would probably require more documentation. So if what you're saying is correct, then I am okay just going out and purchasing, without listing any other state than my address in PA?

    Do you know if the NICS/PICS background check also deals with residency validation? What do they check for?
    If Pa is your primary residence and you have a Pa DL/ID the there is no issue - on all forms you simple list that Pa address while currently in residence at that address. Your part time residence in NJ should not effect that.

    PICS/NICS do not validate residency.

    Is there something more to your story that you're not divulging? I can't shake a suspicion that there's more based on the bolded above.

    Transporting any Pa bought firearms to your NJ part-time residence should be avoided unless you have the proper NJ licenses (NJFID for longarm, NJCCW for handguns).
    IANAL

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