Went into Wild West Guns in Anchorage right after I moved up here and found one of my grail guns, a Smith & Wesson 617 4" barrel 10 shot revolver with no lock and a steel cylinder. Put it on lay-a-way since I still had my Arizona driver's license.

Went in to pick it up today since I finally got around to getting my Alaska driver's license. Owner stated he cannot sell it to me yet since I have not officially been a resident of Alaska for 4 months. He claims this is a federal regulation. We agreed he is going to hold onto it for me until the length of residency has been long enough.

I've been searching the web and have not found any minimum length of state residency for a handgun purchase. The only thing I've been able to find is a 90 minimum state residency for legal aliens.

Any help, specifically references would be greatly appreciated.

In VA, the requirement is 30 days for a new license.

Here’s what I found from ATF. https://www.atf.gov/firearms/q...utes-residency-state

For Gun Control Act (GCA) purposes, a person is a resident of a State in which he or she is present with the intention of making a home in that State. The State of residence for a corporation or other business entity is the State where it maintains a place of business. A member of the Armed Forces on active duty is a resident of the State in which his or her 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.

[18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]

Alaska has requirements that vary depending on what you are trying to do.

The permanent fund says:

"An individual's intent to establish residency, remain indefinitely in Alaska, or to return to Alaska and remain indefinitely is demonstrated through the establishment and maintenance of customary ties indicative of Alaska residency and the absence of those ties in another state or country." 15 AAC 23.143.

2 AAC 40.040. Proof of residence says:

(a) For the purposes of this chapter, a resident of the state is a person who
(1) maintained his or her principal place of abode in the state during the entire eligibility period;
(2) except for absences allowed under 2 AAC 40.045, was physically present in the state during the entire eligibility period;
(3) demonstrated at all times during an absence an intent to return to Alaska and remain a resident of Alaska;
(4) did not claim residency outside the state or obtain benefits of residency of another state or nation during the eligibility period; and
(5) is a United States citizen or an alien with resident alien or refugee status.
(b) The administrator's determination of an applicant's residency will be based on the totality of relevant circumstances. Physical presence in Alaska is not sufficient to establish state residency. Intent is demonstrated by establishing and maintaining customary ties indicative of Alaska residency. Acts that are required by law or contract or that are routinely performed by temporary residents of the state are not sufficient to demonstrate residency. The administrator will determine the intent of a person on the basis of relevant evidence, including
(1) the applicant's written or oral statements at the time in question, including statements made to obtain a license to drive, fish, hunt, or engage in another activity regulated by a government entity;
(2) the affidavits of other persons who had reason to know of the applicant's intent;
(3) voter registration and voting records;
(4) the location of residences owned or rented by the applicant;
(5) the location of the applicant's household goods;
(6) the location of businesses owned or operated by the applicant;
(7) the residence of the applicant's spouse and minor children;
(8) the duration of continuous residence in the state;
(9) employment and unemployment records;
(10) government records;
(11) travel records;
(12) financial records; and
(13) other information that the administrator considers relevant

Fish and game says:

Alaska Resident per AS 16.05.415(a): "resident" means a person (including an alien) who is physically present in Alaska with the intent to remain indefinitely and make a home here, has maintained that person's domicile in Alaska for the 12 consecutive months immediately preceding this application for a license, and is not claiming residency or obtaining benefits under a claim of residency in another state, territory, or country; a member of the military service or U.S. Coast Guard who has been permanently stationed in Alaska for the 12 consecutive months immediately preceding this application for a license; or a dependent of a resident member of the military service or U.S. Coast Guard who has lived in Alaska for the 12 consecutive months immediately preceding this application for a license. A person who does not otherwise qualify as a resident may not qualify by virtue of an interest in an Alaska business.

Per AS 16.05.415(b): A person who establishes residency in the state in accordance with the residency provision above remains a resident during an absence from the state unless during the absence the person (1) establishes or claims residency in another state, territory, or country; or (2) performs an act, or is absent under circumstances, that are inconsistent with the intent required under the residency provision above.

I didn't find a hard and fast "four month" rule and it's not a federal regulation I'm aware of.

Best bet would be ATF, Anchorage Field Office:

Mailbox #39
Anchorage, Alaska 99513
USA

Voice: (907) 271-5701
Fax: (907) 271-5704

You need to be an Alaska resident for 90 days to get a CHP, so it's likely the same for puchases.

Can't help with residency requirements but you have fine taste in revolvers. I've had this one for many years and it is one of my favorites.

quote:

Originally posted by doublesharp:
Can't help with residency requirements but you have fine taste in revolvers. I've had this one for many years and it is one of my favorites.

Now you're just teasing. At least I got to fondle it before it went back into their safe...

22, 38, or 357?

Never heard of such a length requirement.
Granted in your case you had been in previously and he knew you were a recent transplant.

Had you never been in and just handed him your Alaska ID and filled out the 4473 how would they know how long you had been a resident.
Length of residency is not a question anywhere on the 4473 that I am aware of.

Come to think of it when I moved states I was not in my new state even 2 months before buying my first gun there.

I was under the impression that a DL with a local address is pretty much the universal standard. Otherwise how do they check, and what kicks off the process? Power bill? Lease agreement?

Do you live there? Check.
Does your valid ID say so? Check.

What else could there be and how would it be checked and by whom?

quote:

Originally posted by MikeinNC:
22, 38, or 357?

"10 shot" is a .22.

quote:

Originally posted by elde:

quote:

Originally posted by MikeinNC:
22, 38, or 357?

"10 shot" is a .22.

Very nice!!!

[/drift]

Well, you’ve waited this long for the grail gun, what’s another 4 months?

No idea about Alaska, but when I moved to Montana I found out it's a 6 month wait to determine residency, based on your drivers license.

quote:

He claims this is a federal regulation.

Not federal (if it were, recently transferred military people, for example, wouldn't be able to purchase), and probably not state either. I could understand length of residency for a carry permit, but that's not what you're seeking.

quote:

how would they know how long you had been a resident

In my state, date of issue is printed right on front.
Nice find..... I have a 617 no dash with an eight inch barrel. Pretty sweet. Of course, they were only six shot at that time. Pretty sure I bought it from a member here.

Several years ago in my quest I, "Settled" for a 17-6 6" full lug barrel with Smith & Wesson smooth walnut target grips. Still have it and still love it, but it wasn't what I wanted. But it did make a hell of a revolver to teach my daughter with.

I remember you from the old days on S&W forum and you do have fine taste in revolvers.

The 17-6 is very desireable in 4" with finger groove combats. Combat grips are often sold in the 200-$300 range and I've seen new ones in blister pack bring $400+.

Is your 617 a round butt? Mine is, came with Hogue rubber finger groove grips but I like it better with the Spegel round to square conversions.

Here's a 17-6 that I've had for years.

Since you said he said federal regulation, I'll ignore any Alaska laws, which I know nothing about.

He's mistaken on the federal residency requirement. You don't have to be a resident of the state to buy firearms, instead you merely have to reside in the state you want to buy firearms in. As an example that happens here in Florida quite often, a person who is a resident of Michigan, but maintains a winter home in Florida. While wintering or residing in Florida, said person can buy firearms in Florida.

Maybe you could ask him to call the local ATF and have him ask them how to proceed.

From ATF FAQs:

May a person who resides in one State and owns property in another State purchase a firearm 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 firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.

[27 CFR 478.11]

What constitutes residency in a State?
For Gun Control Act (GCA) purposes, a person is a resident of a State in which he or she is present with the intention of making a home in that State. The State of residence for a corporation or other business entity is the State where it maintains a place of business. A member of the Armed Forces on active duty is a resident of the State in which his or her 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.

[18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]

quote:

Originally posted by zoom6zoom:

quote:

how would they know how long you had been a resident

In my state, date of issue is printed right on front.
Nice find..... I have a 617 no dash with an eight inch barrel. Pretty sweet. Of course, they were only six shot at that time. Pretty sure I bought it from a member here.

As does mine but at least here that has zero correlation with when I became a resident. I just got my license renewed this year so date of issue is 3-2018. I have been a resident since 2006.

I think he is full of it especially being a Federal thing. Military was mentioned above but tons of police officers move states to take jobs and have to buy duty weapons.

I would be inclined to cordially ask him where that information is located for curiosity sake.

You would think the owner of the store would know the laws, I'm sure he would rather sell now than later. At least he is willing to hold on to it for ya. Oh ya very nice and enjoy.