Long gun sales

Trs

Established Member
Jun 5, 2021
269
358
Albany, Ga
It's my understanding that an Alabama ID/residency is not required for the purchase of a rifle or shot gun. That it is only required for an in person purchase of a pistol. Thoughts?, Comments, concern's?
 

Joel6180

Well-Known Member
Staff member
Advisor
Jan 27, 2018
299
293
Atmore, AL
If you are buying from an FFL dealer, you are correct. Non-licensed individuals are not permitted to sell/transfer any firearm across state lines. Handguns, and other (receivers), can only be transferred by an FFL to a resident of the state in which they hold their license. Clear as mud!

Edit - the above is based on federal laws - state laws can vary, normally more restrictive.
 

Trs

Established Member
Jun 5, 2021
269
358
Albany, Ga
So what would be the definition of residency for the purpose of private sales?? Is owning property and paying taxes on it enough?
 

Joel6180

Well-Known Member
Staff member
Advisor
Jan 27, 2018
299
293
Atmore, AL
I live a couple miles from the Florida line, and many folks in this area seem to be unaware of the laws regarding state-of-residence for firearms sales. I will check a 4473 form later to see if there is clarification on residency.
 

kwb377

Established Member
Dec 16, 2019
160
162
B'ham
So what would be the definition of residency for the purpose of private sales?? Is owning property and paying taxes on it enough?

residency

NOUN

  1. the fact of living in a place:
Owning property and paying taxes on it doesn't count as residency. But in a private sale transaction between two individuals, I guess it would depend on whatever definition they agree upon...and their comfort level of the legality of the transaction.
 

bamabum

Moderator
Staff member
Moderator
Oct 19, 2020
131
289
Wedowee
Before moving to Alabama full time from Georgia, yet owning homes in both states, I was considered by the ATF as a "dual-state" resident and did deals in both states. My info came directly from the Atlanta ATF 404-417-2600. On Jan. 8th, 2018, I spoke with Ms. XXXX. and discussed dual state residency. She stated that, when I reside in Alabama, although licensed in Georgia, I am considered an Alabama resident (when I reside in Alabama during those times). She strongly recommended using an FFL "for traceability and to maintain an udpated database via the Form 4473" but also stated that I am within my legal rights to buy/sell/transfer with in-state residents, during those times.

Again, this had nothing to do with owning property or paying taxes but simply based on the fact that I maintained two residencies (as above, the fact of living in a place and not necessarily owning it), thus residing in one residence at times and residing in another residence, in another state, at different times.

The only drawback is if you are dealing with an FFL, where it is hard to convince them to transfer for you without an in-state license/ID. Personal transactions are easier and WITHIN the law for dual-state residents, as explained to me.
 

madmyk

Established Member
Jan 11, 2021
96
121
Tuscaloosa, AL
Before moving to Alabama full time from Georgia, yet owning homes in both states, I was considered by the ATF as a "dual-state" resident and did deals in both states. My info came directly from the Atlanta ATF 404-417-2600. On Jan. 8th, 2018, I spoke with Ms. XXXX. and discussed dual state residency. She stated that, when I reside in Alabama, although licensed in Georgia, I am considered an Alabama resident (when I reside in Alabama during those times). She strongly recommended using an FFL "for traceability and to maintain an udpated database via the Form 4473" but also stated that I am within my legal rights to buy/sell/transfer with in-state residents, during those times.

Again, this had nothing to do with owning property or paying taxes but simply based on the fact that I maintained two residencies (as above, the fact of living in a place and not necessarily owning it), thus residing in one residence at times and residing in another residence, in another state, at different times.

The only drawback is if you are dealing with an FFL, where it is hard to convince them to transfer for you without an in-state license/ID. Personal transactions are easier and WITHIN the law for dual-state residents, as explained to me.
While the ATF may provide you that "definition" of residency, be aware, different states have actual legal definitions regarding residency and what it takes to qualify as a resident of their State..
I have family in Alaska, some of them winter in Arizona. They must actually reside (occupy the residence) in AK for a minimum number of days a year to qualify as AK resident and thus qualify to vote, register vehicle, homestead exemption, collect oil tax payments etc.
Point being, I wouldn't put it past ATF or other alphabet agency to jack you up over a purchase "legally" made based on residency that was later disproven.
Not wanting to sound paranoid, just erring on the side of caution.
 

bamabum

Moderator
Staff member
Moderator
Oct 19, 2020
131
289
Wedowee
@madmyk - valid points. I talked to my local sheriff (long time friend of the family) to get his interpretation and he said it sounded legit to him. However, at this point, I am a full time resident in Alabama so no more worries for me. Was not meant as legal advice; just passing along my one and only discussion with the ATF and how they interpreted the word "resident" as being where you currently reside, at that moment, when you have multiple residencies.
 
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