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Frank B

out of state ID

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when trying to bu a new hunting rifle recently, I was told I can not because my drivers lic says NYS

Im a home and property owner in Tennessee though also 

is this a new law,?

I left NYS to get away from this stuff. 

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I just moved from NY also,first thing I did was get Tennessee license plates etc. Could not wait to get that New York stink off me. Just do it.

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It is not new. It has been federal law for decades. Handgun sales must be made in your state of legal residence and since identifying information is filled out using your DL, that’s the determining document. 
 

Rifles may be purchased in another state, but the sale must conform to the laws of the buyer‘s state of residence. In this instance NY state law prohibits residents from purchasing long guns in non contiguous border states. 
 

If you live in TN full time, then you need to change your license anyways. If you only live in TN part time then you will have to buy what you want in NYS, or more reasonably, some place like PA and then transport it to TN. If you choose the latter, I wouldn’t go back through NYS on the way to TN. It has been alleged that they do something similar to CA and use state agents to keep an eye on the gun stores in bordering areas to ensure non-conforming guns aren’t bought out of state and smuggled in by residents. 

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2 hours ago, Frank B said:

when trying to bu a new hunting rifle recently, I was told I can not because my drivers lic says NYS

Im a home and property owner in Tennessee though also 

is this a new law,?

I left NYS to get away from this stuff. 

A possible short-term work around would be to find some type of government-issued document that has your TN address on it. (Maybe a utility bill or property tax statement.) That, combined with your photo ID from NY is enough to complete a transaction.

I would encourage you to contact your local gun shop before going in to buy, to see what combination of documents and items in those documents will satisfy them. You're asking them to stake their FFL on the transaction, so make it as easy for them as you can.

And go get your TN ID immediately.

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There are provisions in the law for those that have residents in two states. But since you say you left NY; it doesn’t sound like they would apply to you.

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Which state is your primary residence? That's where you have to buy the rifle. 

Also remember that you have to pass the NICS check and in TN you have to provide your social security number. If they check that number and it says NY address, you'll fail. 

There's a whole lotta paperwork involved in moving from one state to another. You need to get on that. 

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5 minutes ago, Grayfox54 said:

Also remember that you have to pass the NICS check and in TN you have to provide your social security number.

When did that start?

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Providing SSN is not required. It is on the 4473 but optional.

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So, in TN you all have the TN state check in addition to a NICS check? Two sets of paperwork for a purchase, or just the 4473? 

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Just the 4473 but the check goes thru Tennessee.

They ask for your D.L. to make sure they are not in violation of the law, if they are in violation they could lose their FFL and someone(s) could be charged with a Federal Crime!

Edited by DWARREN123

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2 hours ago, TomInMN said:

A possible short-term work around would be to find some type of government-issued document that has your TN address on it. (Maybe a utility bill or property tax statement.) That, combined with your photo ID from NY is enough to complete a transaction.

I would encourage you to contact your local gun shop before going in to buy, to see what combination of documents and items in those documents will satisfy them. You're asking them to stake their FFL on the transaction, so make it as easy for them as you can.

And go get your TN ID immediately.

This is just the long winded version of what DaveTN and GrayFox54 stated earlier.

A utility bill or property tax statement doesn't provide proof of residency.

You are only allowed to buy handguns in your state of residency. You can purchase long guns in another state but the sale has to follow the laws of your state of residency. I'm not surprised a TN FFL wouldn't sell to a NY resident; they would legally have to follow all NY laws.

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17 minutes ago, bubbadavis said:

This is just the long winded version of what DaveTN and GrayFox54 stated earlier.

A utility bill or property tax statement doesn't provide proof of residency.

You are only allowed to buy handguns in your state of residency. You can purchase long guns in another state but the sale has to follow the laws of your state of residency. I'm not surprised a TN FFL wouldn't sell to a NY resident; they would legally have to follow all NY laws.

No, it really isn't just a long-winded rehash. It provides an alternative course of action and corrects some inaccuracies.

 

If the link below will take you to to the 4473, read the instructions for question 18b. They discuss using multiple documents to establish residency, which is what I was suggesting OP try to do if the FFL in question is willing.

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download&ved=2ahUKEwiL3ou3nqTmAhVBhq0KHXPaCQwQFjAYegQIAhAB&usg=AOvVaw2wqSjpoV4XgKTrkaDYsBId

 

You're correct that handguns can only be purchased in one's state(s) of residence, transactions involving long guns must follow the laws of both states, not just the state of residence of the buyer.

https://www.atf.gov/firearms/qa/may-licensee-sell-firearm-nonlicensee-who-resident-another-state

Edited by TomInMN
Accuracy

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5 hours ago, Frank B said:

when trying to bu a new hunting rifle recently, I was told I can not because my drivers lic says NYS

Im a home and property owner in Tennessee though also 

is this a new law,?

I left NYS to get away from this stuff. 

Well, you can drive around TN with a suppressor on your machine gun without going to prison so....just last night I was talking to a cop with a suppressed Ar10 equipped with a thermal scope sitting in the passenger's seat. Apparently your phone in your lap on speaker is not quite a hands free device. I told him to stop calling me while I'm driving. 

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1 hour ago, DWARREN123 said:

Just the 4473 but the check goes thru Tennessee.

They ask for your D.L. to make sure they are not in violation of the law, if they are in violation they could lose their FFL and someone(s) could be charged with a Federal Crime!

Gotta generate that revenue, eh?

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5 hours ago, Frank B said:

I left NYS to get away from this stuff. 

I didn't get long winded because of those three words. Out of state or multi-state, that we could carry on about for hours, does not apply to him. He must have a Tennessee ID.

 

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13 minutes ago, DaveTN said:

I didn't get long winded because of those three words. Out of state or multi-state, that we could carry on about for hours, does not apply to him. He must have a Tennessee ID.

 

Read the instructions for 18b. Nothing to do with out of state or multi state. OP should get a TN ID, but can complete a purchase with a combination of paperwork if he finds an FFL willing to read and abide by those instructions. Many aren't.

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8 hours ago, Garufa said:

Providing SSN is not required. It is on the 4473 but optional.

On the 4473 it says the SSAN is optional. That's federal.  Every dealer I've ever purchased from in Tennessee required it.   And I do believe I've overheard NICS calls where the dealer read it off to them. Maybe its just a state thing. If your dealer doesn't require it, more power to ya. 

 

OP: I'm still curious. Which is your actual state of residence?  Did you move to Tennessee permanently or do you maintain homes in both states? 

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31 minutes ago, Grayfox54 said:

 

On the 4473 it says the SSAN is optional. That's federal.  Every dealer I've ever purchased from in Tennessee required it.   And I do believe I've overheard NICS calls where the dealer read it off to them. Maybe its just a state thing. If your dealer doesn't require it, more power to ya.

There is not a dealer in East Tennessee that requires it.  They can’t require it.

You might need to have a discussion with the dealers you buy from.

Edited by Garufa
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Got our TN drivers license and car plates our first week after we moved. Not because I was in a rush to buy a gun, I just wanted be from TN not NY.

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