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Residency – PCS and State of Residence

posted on January 18, 2019

Q: We had a customer come in who was deployed military with an NC license and HI PCS. The customer wanted to purchase a handgun. The client asked their local ATF office if they could sell the gun to the customer, and ATF answered that the customer was considered a dual resident, and that the sale would be ok as long as the time that the customer spent in both locations (HI & NC) was about equal (meaning, if the customer was a resident of NC but only for a month out of the year for example, ATF would not consider them an NC resident and would require the purchase to go through a HI FFL). The client determined that the customer actually spent more time in NC than HI and okayed the sale based upon ATF advice. Is ATF’s advice correct?

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