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Purchasing Handguns in Las Vegas, NV

sdesonsdeson Member Posts: 5 ✭✭
edited February 2007 in Ask the Experts
I am a dual resident in NY, NY and Las Vegas, NV. Given my dual residency, my driver's license is NY (all states require the forfeiture of other driver's licenses inorder to get a license in the new state -- and yes, I do have handguns in NY and must remain a NY resident as evidenced by a driver's license). The only way I have been able to buy handguns in Las Vegas is a private purchase whereby the seller meets me at a local police substation and presents the registration with his name on it and the gun. Las Vegas restricts the RETAIL sale of handguns to only those individuals having a Nevada driver's license.

Although the process is straightforward at the police substation -- it requires about 30 minutes -- it is still a pain for both parties. Also, it requires a seller in the local vicinity.

Any thoughts on how I might buy additional handguns in Las Vegas?

Thanks, Sean
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Comments

  • Henry0ReillyHenry0Reilly Member Posts: 10,892 ✭✭✭
    edited November -1
    Welcome to the forums.

    I have no clue on the legality but have you tried Craig's list?

    http://lasvegas.craigslist.org/spo/
    I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly
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  • big mangobig mango Member Posts: 1,905 ✭✭✭✭✭
    edited November -1
    If you maintain dual RESIDENCIES, In NY and NV, try this.

    Apply for a DL or State of NV ID in NV with your legal residence as your elec bill ,phone, water , bank account statements should have your name and otehr info. to be used as proof you havea residence there in NV.

    Keep the NY DL for the car and only use the NV ID OR DL for your gun purchases.

    Also check with the State Att. Gen about this first, Dual Residency
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    This isn't like citizenship; there is no such as "dual residency" as far as federal firearms laws go. And, federal firearms laws take precedence over state firearms laws, UNLESS the state laws are more restrictive.

    Now, it's possible to be a resident of > 1 state within any given year. But, the ownership of property has little to do with residency. The fact that you retain your drivers license in NY & have firearms registered there would be considered prima facie evidence in any legal case.

    I don't even want to go into what you have shown on your income tax forms the last 2 years. My lay opinion is that there is already more than enough "reasonable suspicion" for your arrest by a federal agent if you attempt to buy a firearm in NV. It's not necessarily the conviction that ruins your life; just an arrest means a minimum of $10,000 in legal fees, plus possible loss of job, house, family, etc depending upon your situation.

    I urge you to do nothing further without a written opinion from BATFE, Firearms Technology Branch.

    Neal

    "Arrest now, litigate later."
    ATF motto
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  • Ronald J. SnowRonald J. Snow Member Posts: 1,346 ✭✭✭✭✭
    edited November -1
    In the Questions and Answers portion of the Federal Firearms Regulations Reference Guide 2005 this subject is covered as follows:

    Beginning of quote:

    Page 179, (B12) May a person (who is not an alien) who resides on one State and owns property in another State purchase a handgun in either State?

    If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State. End of quote.

    I operate a store in Maine and we get a lot of this type transaction with the "summer people". RJSnow
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  • MooseyardMooseyard Member Posts: 2,541 ✭✭✭✭✭
    edited November -1
    Neal, can please explain what the "reasonable suspicion" is of this man committing a crime? He goes to the PD to do transfers. Can you also please tell me which state, or Federal agency allows arrests of people strictly on "reasonable suspicion".
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    Moose, "reasonable suspicion" is the lowest level of legal intervention that allows a LEO to detain/arrest a person. It is nowhere near the "beyond a reasonable doubt" required to convict a person. At this point, nothing needs to proved; it just permits the LEO to intervene. He may not be certain of a violation, but he can decide to let a judge or the District Attorney look at the facts.

    Ronald brought up an excellent point. What Sean is doing may well be legal. But, the fact that he is asking this type of question on a forum indicates to me that he may not have researched & documented his firearms status with BATFE.

    Neal
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  • hedgehopper62hedgehopper62 Member Posts: 636 ✭✭
    edited November -1
    Well a - for all the outhouse lawyers and so called experts tks.hedge[:D]
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  • sdesonsdeson Member Posts: 5 ✭✭
    edited November -1
    Well -- the good news is lots of responses -- very much appreciated!

    As far as taxes -- yes I do pay NY State and City taxes (13% additional combined).

    As far as Federal vs. State -- yes, Federal trumps State (it's called The Constitution -- ammendment #2). But, the Fed has delegated the authority to regulate to the States provided it is not in contravention with ammendment #2 -- that is why gun ownership and registration laws vary so significantly by state.

    Best idea was the Nevada State ID -- checked into it. Similar to obtaining a license -- one must forfeit any other state license and even if not forfeited, all other licenses are "considered" invalid. Presumably a felony to have two IDs (A NY license and Nevada ID -- per Nevada).

    Next best idea was Craig's List. And I have posted both looking to buy and reviewed what is available to sell. I think that is my most likely source.

    And yes, totally legal to have guns transferred in a private sale and registered in my name -- in Nevada. Just shoot (no pun) down to the Metro substation with the registered gun owner, the blue card in his name, and the gun (unloaded of course), and voila, one legally owns a gun in Las Vegas (not even a fee for paperwork -- and takes less than 30 minutes).

    Thanks for all the responses -- keep the ideas coming.

    Best, Sean

    Offers to buy or sell are not allowed on the GB forums. I'm editing your post.
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    Sean, it sounds like you HAVE done your homework. And, since you have a residence in NY, I'm sure that you are familiar with their restrictions on importing firearms from other states.

    The fellas with the bulges in the cheap suits at 600 S. Las Vegas Blvd are especially vigilant in watching private transfers; that's because many CA residents are tempted to try to beat their own restrictive state laws by driving to NV.

    Neal

    "Never underestimate what a federal employee will do to ensure his annual merit pay bonus."
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  • big mangobig mango Member Posts: 1,905 ✭✭✭✭✭
    edited November -1
    Maintaing a legal residence and owning property in another state are two different states of being. Owning 40 acres in a state vs. paying an elect bill, boat rental slip and cable TV, all in your name, on a residence is something else.

    This sounds like an issue needing further research for both legality and practicality of the FED & State requirements in this specific case.

    NV local LEO location claims it's OK, Open the ATF law books and check into it further. State ATT. General, and good firearms lawyer for sounding board as a back - up to your own research.

    People do have the right to have/maintain two residences and purchase firearms in either locality, don't they?
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