Search found 4 matches

by AlaskanInTexas
Thu Feb 12, 2015 2:22 pm
Forum: Federal
Topic: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Replies: 36
Views: 13193

Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO

CleverNickname wrote:
C-dub wrote:
CleverNickname wrote:
TomsTXCHL wrote:
Jumping Frog wrote:If upheld, what this ruling means is I could travel to Louisiana or Mississippi and if I see a handgun in a store that I want to purchase, I could buy the gun in those states and carry it directly back to Texas (or ship it to myself).

If I had friends or family come to visit Texas from any other state, such as Oklahoma, or Georgia, and we went shopping here in Texas, they could buy a handgun from an FFL here directly even though they are not a Texas resident.
Pardon my ignorance please, but presently if I am out-of-state i.e. living at our vacation home Up North for several months, I can't walk into a gun shop there and buy a gun for our local use e.g. protection? That I'd have to bring such from TX?
It's possible to be a resident of multiple states, so you could have bought a handgun in that state even before this ruling.
I'm not certain of the validity of this, but you can legally only have one driver's license. That would present a problem for these purposes.
A drivers license shows residency and proves identity, but it's also possible to use other documents such as utility bills in your name to prove residency, and just use a drivers license to prove identity.
Here is what the federal regulations (27 CFR 478.11) have to say about the matter:

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, as stated in 18 U.S.C. 921(b). 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 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 to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4.
A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.
by AlaskanInTexas
Wed Feb 11, 2015 4:15 pm
Forum: Federal
Topic: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Replies: 36
Views: 13193

Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO

But unfortunately, it did not strike down the ban on transfers to out-of-staters by private parties. In other words, I can now go to Oklahoma and buy a handgun from an FFL, but not from my dad.
by AlaskanInTexas
Wed Feb 11, 2015 3:23 pm
Forum: Federal
Topic: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Replies: 36
Views: 13193

Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO

Too bad it didn't strike down 18 USC 922(a)(5):

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
by AlaskanInTexas
Wed Feb 11, 2015 3:05 pm
Forum: Federal
Topic: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Replies: 36
Views: 13193

Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO

Just read the opinion. I agree with it. Let's hope it sticks.

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