Posted: 8/29/2013 10:29:13 AM EDT
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Hey everyone, I made a purchase from an FFL in Florida for a handgun, and I go to school at VT. I am a Texas resident though. It showed up today, and I called my FFL who was going to do the transfer here, and they said I can't get it because I'm not a VA resident. I then read that I can't purchase as an out of state resident, but does this apply to transfers? If not, what do I need to do? I stupidly assumed since I bought other firearms here in VA they would be fine with a handgun, apparently not. Thanks for the help.
Edit. Already figured it out, it's federal law. I never knew that, so it's my fault. I'll just transfer it home to TX and pick it up there eventually I suppose. Mods can delete the thread. |
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Quoted: Hey everyone, I made a purchase from an FFL in Florida for a handgun, and I go to school at VT. I am a Texas resident though. It showed up today, and I called my FFL who was going to do the transfer here, and they said I can't get it because I'm not a VA resident. I then read that I can't purchase as an out of state resident, but does this apply to transfers? If not, what do I need to do? I stupidly assumed since I bought other firearms here in VA they would be fine with a handgun, apparently not. Thanks for the help. Edit. Already figured it out, it's federal law. I never knew that, so it's my fault. I'll just transfer it home to TX and pick it up there eventually I suppose. Mods can delete the thread. No need to delete, a good lesson for other youth. VT 1992... |
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Quoted: No need to delete, a good lesson for other youth. VT 1992... Quoted: No need to delete, a good lesson for other youth. VT 1992... I have to agree with Drift on this one. This thread may be helpful for others that weren't aware. If you really want it gone, I will trash it for you.  |
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If you are a legal resident of Texas, and are going to college here in Virginia, then the BATF says that you are a resident of Virginia when you are living here (while school is in session, for example) and you are a resident of Texas when you are home (for summer vacation, for example).
The problem will arise with the Virginia law. In order to be considered a Virginia resident by the state police, you have to have a Virginia driver's license, or a Texas license showing your Virginia address. In addition, you will need at least one other form of ID that shows the same Virginia address. You should also be able to prove that you are a student at a Virginia college. If your local gun store here in Virginia says you're not a Virginia resident, then they're full of shit and don't know the law like they should. The BATF book that every dealer gets goes into this in detail. "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 handgun in that state." (27 CFR 478.11) |
| Yes, I anticipate the biggest issue will be with VA law and how to proceed from there. I received an email response from VSP this morning stating "You will need to consult with ATF on this matter." Now I've tried calling three times to the ATF office in Roanoke with no response... I'll keep trying after class. |
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Quoted:
No need to delete, a good lesson for other youth. VT 1992... Quoted:
Quoted:
Hey everyone, I made a purchase from an FFL in Florida for a handgun, and I go to school at VT. I am a Texas resident though. It showed up today, and I called my FFL who was going to do the transfer here, and they said I can't get it because I'm not a VA resident. I then read that I can't purchase as an out of state resident, but does this apply to transfers? If not, what do I need to do? I stupidly assumed since I bought other firearms here in VA they would be fine with a handgun, apparently not. Thanks for the help. Edit. Already figured it out, it's federal law. I never knew that, so it's my fault. I'll just transfer it home to TX and pick it up there eventually I suppose. Mods can delete the thread. No need to delete, a good lesson for other youth. VT 1992... 1996 here. There's a bunch of Hokie grads here in the VAHTF. |
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Quoted:
If you are a legal resident of Texas, and are going to college here in Virginia, then the BATF says that you are a resident of Virginia when you are living here (while school is in session, for example) and you are a resident of Texas when you are home (for summer vacation, for example). The problem will arise with the Virginia law. In order to be considered a Virginia resident by the state police, you have to have a Virginia driver's license, or a Texas license showing your Virginia address. In addition, you will need at least one other form of ID that shows the same Virginia address. You should also be able to prove that you are a student at a Virginia college. If your local gun store here in Virginia says you're not a Virginia resident, then they're full of shit and don't know the law like they should. The BATF book that every dealer gets goes into this in detail. "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 handgun in that state." (27 CFR 478.11) I'm in a similar situation. I am AD mil with orders to NC and resident of TX. I have a TX license with a VA address (I live in VA) and I was rejected for purchase by a gun shop due to VSP interpretation that I was not a resident of VA according to the gun shop. If anyone has a reference from VSP that says I'm good let me know. I have the ATF reference that says I'm a resident of NC and VA, but the gun shop would not accept that. |
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Quoted:
The previous poster was incorrect. A Texas drivers license with a VA address does not make you a Virginia resident. That's correct. But the fact that the guy is a student at a Virginia college does make him a VA resident during the time he is actually attending college in VA. See 27 CFR 478.11 |
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So what I've gotten so far:
ATF: Due to Ruling 80-21, I am a resident (in the ATF's eyes) of Virginia while I stay here. I can fill out the 4473 with my TX DL and an alternate document proving my residency in VA (utility bill, etc). So, I am GOOD on a federal level. VSP: The SP-65 form requires two forms of ID, and one of which MUST be a VA DL or a VA ID card (because this is a handgun). Both of which require my giving up my Texas DL, which causes way more problems for me than it solves. So, I am NOT GOOD on a state level. So far my answer is I will keep it here at the FFL I know and trust until mid November, where I will be going home to Texas. I will then get it transferred to Texas with my name as the receiver and will pick it up when I return. |