Do I need a state photo ID if I already have a drivers liscense?

Does someone need to have a specific state ID (drivers license) to buy a gun in that state?

  • I live part time and temporarily in another state where I am interested in buying a gun. However, I have a drivers license in the main state I live in and don't want to go through the hassle of getting a new license for a short period of time.

  • Answer:

    It's a little complicated.  It depends on which states, and what types of firearms. If you are a California resident, you're just screwed.  No other state will touch California residents; California considers it a crime for any dealer not registered with the state of California to do business with anyone who is a resident of California. In other cases, you can often/usually buy long arms (rifles, shotguns) in any state, provided you're legally allowed (not a felon, over 18, etc.).  Some states have additional restrictions.  This has to be done in-person; you can't buy firearms online interstate except to ship to a federal firearms licensee in your own state (gun shop, often pawn shops, etc).  There used to be a "contiguous states" rule with the ATF, but this was overturned a decade or two ago; however certain states (e.g. Nevada) incorporated the regulation into their own state laws, and haven't revised since then (an obvious legal challenge or legislative change for someone to make). In some states, you can do private sales between individuals who are residents of the same state, although this has been decreasing -- I believe it's only possible for long arms in most states.  Even then, a private individual may want to see an ID. Technically, all you need to do to show residency within a state is proof of residence.  In practice, almost all gun stores will require state ID (drivers license, ID card, or a firearms license/concealed carry permit issued to residents), showing an in-state address.  Basically, for the $20-100 they're going to make off the same, they don't want to take the risk of a "bad" sale, which could get them in huge liability, or shut down by the ATF.  If you talk to a local gun shop and explain the situation, they may be willing to accept alternate ID, or tell you what steps to go through for it.  In some cases I've seen people get letters from the local PD which attest to residence for this purpose. The ATF specifically does recognize "temporary residence" and "split residence"; ATF residency is different from state domicile/residence for tax or other reasons.  It's just that most gun dealers are very cautious and there is no great way to document your second residence, especially if you're only transient. Also, you will be filling in a federal form (4473) for the instant felony/warrant check when you buy a gun; this asks for your address.  This address should be in-state if you're buying a pistol.  It is a felony to lie on this form, and the form is retained ~forever. The alternative is to purchase a firearm online and have it shipped to your documented state of residence, via an FFL (local gun store, pawn shop, etc.).  There are a bunch of online listings, and generally the FFL will charge $15-30 for the transfer (in California, it's $100 due to additional state requirements).

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Federal law permits FFL dealers to sell rifles and shotguns to residents of other states, if the state laws permit it.My situation was similar, but, in my case reversed, as I was working on the east coast, but my home and family was west of the Mississippi.ATF regulation covers this. If you reside in different states from time to time (like the stereotypical “SnowBirds”), you are considered to be a resident of the state you currently reside in. While you can only have one (1) state issued DL, there is no law, nor regulation, concerning identity documents, if you actually do reside in those separate states. In other words, don’t try to fake it.Since I drove my car and lived on the east coast the majority of the time, my DL registration and insurance was in that state. Since I owned property in the other state, of course, I met the requirements to get a state ID. If I had wanted to, I could have easily reversed which states I had the ID - DL in.

Miles Fortis

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