Non resident AR Pistol at 2nd home in PA

**ExFlyinguy** · March 20th, 2019, 09:07 PM

Originally Posted by Anythinggood

I have had a a non res ltcf for years. I do not think their is such a thing as dual residence.

For the purpose of the ATF/buying firearms - yes you can also be considered a PA resident. The trick is to get a FFL that knows the law. First member here that comes to mind is "X-ringshooter". For instance- out of state college kids are often able to buy handguns if they are the appropriate age.

**markshere2** · March 20th, 2019, 10:36 PM

Matters NOT where you buy a handgun.

It is legal to possess a handgun in PA.

You are good to go.

**Xringshooter** · March 21st, 2019, 02:41 PM

Originally Posted by Anythinggood

I have had a a non res ltcf for years. I do not think their is such a thing as dual residence.

Actually there IS such a thing as dual state residency. If you own a home in NY and live there most of the time, you are a NY resident. If you also own a home (and YOU pay the real estate and other taxes) in PA, you are considered a resident of PA when you are living in that PA home. I have several customers who are dual state residents and one actually is a NY resident. He can buy firearms and even NFA firearms in PA when he is living in PA. The only thing is that he cannot take them back to NY without jumping through a whole bunch of NY hoops.

If you have a legally purchased AR lower, then you can legally build it into an AR handgun here in PA and you can carry it, shoot it and store it here in PA in your PA home. Perfectly legal. You can even transport it between your PA home and your other home AS LONG AS IT IS LEGAL IN THAT STATE.

**Anythinggood** · March 22nd, 2019, 09:48 AM

So when going to an FFL to do a pistol purchase what paperwork is needed to complete the transaction? Just want to be more educated on the subject before talking to my local gun shop. Thanks again guys for all the help.

**Xringshooter** · March 22nd, 2019, 12:32 PM

Originally Posted by Anythinggood

So when going to an FFL to do a pistol purchase what paperwork is needed to complete the transaction? Just want to be more educated on the subject before talking to my local gun shop. Thanks again guys for all the help.

If PA is your second home, you will need take your drivers license, and the current years tax paperwork for that residence (real estate tax, school tax, etc - whatever gets sent to your for the PA residence showing that you own the property and pay the taxes). The FFL will want to make copies to attach to the ATF 4473 and the PA SP4-113 (if a handgun) in case someone questions it later. The FFL will have to talk to a PICS operator to do the background check due to being a handgun and the DL being out of state and to explain to them that you are a dual state residence and that he has he proof of it (your tax forms). Other than that, it really doesn't take much more time than for a PA resident with a PA DL.

BE ADVISED - call the FFL first to see if they are cognizant of the dual state resident laws, many are not (and won't care what you tell them) and many are but do not want to do it (even though it's not a big deal they legally can refuse to do it).

**45Doll** · March 26th, 2019, 05:19 PM

Originally Posted by Xringshooter

If PA is your second home, you will need take your drivers license, and the current years tax paperwork for that residence (real estate tax, school tax, etc - whatever gets sent to your for the PA residence showing that you own the property and pay the taxes). The FFL will want to make copies to attach to the ATF 4473 and the PA SP4-113 (if a handgun) in case someone questions it later. The FFL will have to talk to a PICS operator to do the background check due to being a handgun and the DL being out of state and to explain to them that you are a dual state residence and that he has he proof of it (your tax forms). Other than that, it really doesn't take much more time than for a PA resident with a PA DL.

BE ADVISED - call the FFL first to see if they are cognizant of the dual state resident laws, many are not (and won't care what you tell them) and many are but do not want to do it (even though it's not a big deal they legally can refuse to do it).

This is correct. My wife and I do this. Many PA FFLs are either ignorant of the law, or do not wish to be bothered. I was the first customer to do this at what is now our preferred FFL. They listened to me, and did what was required. We also have PA resident LTCFs.

If you own a home in a state, live there from time to time, do not rent it out, and pay taxes, utilities etc. you are a resident. You can be a resident of many states. You are not 'part time' anywhere. You are either a resident of a state or not. (As soon as you own two homes, by definition you couldn't be full time in either.)

However, you can only have one state that is your state of domicile. The usual criteria for determining tax liabilities is days of residence with 183 typically being required. That's not the only criteria, but it's a big one.

Many residences. But only one domicile.