Texas-Book-Gun Law Armed And Educated - Flipbook - Page 123
purpose of purchasing a firearm in that state. To meet the residency
requirements, a person must actually maintain a home in a state
which includes an intention to make a particular state a residence.
See 27 CFR § 478.11. This issue may ultimately be a fact question
with evidence of residency being things like a driver’s license,
insurance records, recurring expenses in the state, as well as other
things related to making a particular state a person’s residence.
3. Members of the Armed Forces
A member of the Armed Forces on active duty is a resident of the
state in which his or her permanent duty station is located. If a
member of the Armed Forces maintains a home in one state and
the member’s permanent duty station is in a nearby state to which
he or she commutes each day, then the member has two states of
residence and may purchase a firearm in either the state where the
duty station is located or the state where the home is maintained.
See 18 U.S.C. § 921(b). See also ATF FAQs on residency at
www.atf.gov.
4. Immigrant aliens
Persons who are legally present in the United States are residents
of the state in which they reside and where they intend to make
a home. Such persons, provided they meet all other requirements
and are not otherwise prohibited from purchasing a firearm, are
lawfully permitted to purchase a firearm.
C. Best practices to document a private firearms sale
Protect yourself! This is practical advice that should not be ignored.
If you engage in the private sale of a firearm in the State of Texas,
here are some practical tips:
• Ask for identification whether you are the buyer/transferee or
seller/transferor to establish residency;
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