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  • Renegade

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    Mar 5, 2008
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    Yet given the example offered in Cornell's law school info I posted above, I am a resident of Texas when here:

    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.

    You are GTG.
     

    wileycoyote

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    2   0   0
    Sep 12, 2017
    138
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    Haskell County in West Texas
    I'm feeling more secure with this.

    For me it comes down to what the ATF states (which Renegade previously posted):

    May a person who resides in one State and owns property in another State purchase a firearm in either State?

    If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.

    [27 CFR 478.11] Last Reviewed September 23, 2016


    https://www.atf.gov/questions-and-a...tate-and-owns-property-another-state-purchase
     

    majormadmax

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    Aug 27, 2009
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    San Antonio!
    I'm as confused as a new born baby in a topless bar

    Nice analogy! :laughing:

    The biggest issue is that most state and Federal laws address residency requirements for purchasing a firearm, not selling one. I understand the logic behind that, being the concern is with the transfer of possession and who is the receiving party. It assumes that the seller legally owns the firearm.

    The biggest issue for selling is the interstate transfer of said weapon which makes it fall in the Federal domain. Given that the firearms are already in the state of Texas and the transfer will be to an individual who can legally purchase them (i.e. a resident of the state), Federal law doesn't apply beyond that.

    I for one cannot find residency requirements for selling a firearm in the state of Texas, and the closest ruling is the ATF one citing 27 CFR 478.11. Given that Federal law allows a person to purchase a firearm while residing in the state, I don't see why there'd be any issue with them selling one as long as they comply with state and Federal laws as applicable for the transfer (mainly that the buyer is legally eligible to purchase the weapon).
     

    wileycoyote

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    Sep 12, 2017
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    Haskell County in West Texas
    So... what do you have for sale?

    thanks for asking. i'm just starting to round up a few to bring for trade/sale. likely will haul them to an abilene show once we get settled back in down there. won't mention what exactly because its too early to start having folks interested (we're still in the pacific northwest). won't be long now though 'cause we both want to get back to our heart's land...
     

    pbridges

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    Jul 5, 2017
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    "We also have a Texas winter home." means we own a home, pay property taxes and live in Texas six months a year, yet still register to vote and have driver's licenses in Oregon.

    So the law says I'm not allowed to sell/trade my firearms to indivdiuals, only to FFL dealers? really? wow

    That total rubbish. Only ffl bs.


    Sent from my iPhone using Tapatalk
     

    TxStetson

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    thanks for asking. i'm just starting to round up a few to bring for trade/sale. likely will haul them to an abilene show once we get settled back in down there. won't mention what exactly because its too early to start having folks interested (we're still in the pacific northwest). won't be long now though 'cause we both want to get back to our heart's land...

    Don"t forget to bring my 1895 Cowboy with you..
     

    rotor

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    I think that you are a resident of Oregon and not Texas and I don't know that anyone on this forum can give you reliable information to keep you from prosecution. I believe that if you are in Texas you have 90 days to get a Texas drivers license if you claim to be a Texas resident. If you want to sell at a gun show I would contact the gun show organizer and find out from them if they will allow you as a non-resident to sell at the show or if you claim to be a resident what proof they will accept. Be careful about this as many of the laws do not fit common sense and violations can be severe. You may be selling to an undercover ATF agent at a gun show. The smart thing as far as I am concerned would be to become a real Texas resident. We don't have an income tax in Texas. You do in Oregon.
     

    wileycoyote

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    2   0   0
    Sep 12, 2017
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    Haskell County in West Texas
    well said rotor. and welcome to the forum (wow, your response to my thread is your first post! thank you.)

    what you say makes sense. i will do everything i can to follow the laws and document it as i go.

    Q: it appears that if i i was to get a texas driver's license (DL), i'd have to give up my oregon DL. are you suggesting i need to do this twice a year? given that the ATF states the following, why would i need a texas DL?

    "If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State..." [27 CFR 478.11]
     

    majormadmax

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    well said rotor. and welcome to the forum (wow, your response to my thread is your first post! thank you.)

    what you say makes sense. i will do everything i can to follow the laws and document it as i go.

    Q: it appears that if i i was to get a texas driver's license (DL), i'd have to give up my oregon DL. are you suggesting i need to do this twice a year? given that the ATF states the following, why would i need a texas DL?

    "If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State..." [27 CFR 478.11]

    You are fine, and you can be a resident of this state without a driver's license, as 27 CFR clearly states. I know many people who do the same thing as you, and nothing under Texas or Federal law prohibits them from selling firearms while residing in a state.

    Also note the CFR addresses purchasing firearms, which is more restrictive than selling them!

    And rotor, since you've been a member on here for nearly two years, please go to the introductions section of the form and give us some background on yourself. That is traditionally the first post for any new members.
     

    Hoji

    Bowling-Pin Commando
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    And rotor, since you've been a member on here for nearly two years, please go to the introductions section of the form and give us some background on yourself. That is traditionally the first post for any new members.

    But not required.

    MMM tends to come across like a parent talking to wayward children online( like the slightly scolding tone in the quote above) but is generally spot on with his information.
     

    Renegade

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    I think that you are a resident of Oregon and not Texas and I don't know that anyone on this forum can give you reliable information to keep you from prosecution. I believe that if you are in Texas you have 90 days to get a Texas drivers license if you claim to be a Texas resident. If you want to sell at a gun show I would contact the gun show organizer and find out from them if they will allow you as a non-resident to sell at the show or if you claim to be a resident what proof they will accept. Be careful about this as many of the laws do not fit common sense and violations can be severe. You may be selling to an undercover ATF agent at a gun show. The smart thing as far as I am concerned would be to become a real Texas resident. We don't have an income tax in Texas. You do in Oregon.


    All wrong.

    How any times does it have to be said, ATF definition of residency is not the same as DL residency. It is right there on the ATF 4473 FORM! Just read it.
     

    majormadmax

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    MMM tends to come across like a parent talking to wayward children online( like the slightly scolding tone in the quote above) but is generally spot on with his information.

    Funny, I thought I was being all nice diplomatic in my response; but it's probably just old habits! :whip:
     
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