Resident vs CITIZEN, Utility bills for purchase?

[Matt_SERE]

Quandary:

He has his permit! No problems.

I need to run out and will update later.

I still have questions on

"needing three months utilities to purchase even with the License"

Okay first of all NH is awesome personified.

Thanks to all who helped me ask him the right questions to clarify his statements.

My brother-in-law is a legal resident of NH for over a decade but was born in the UK.
He has military training and is one of few that I would trust to have my back other than my brothers.

He stated that he needs to carry three months of current utilitiy bills to make purchases of firearms.
This is certainly a twist that I would not have to worry about but it seems strange if he already has his P&R License.
As the question has been asked before, and I paraphrase: "Why the two orders?..."
He has already been checked out and cleared by the issuing agency.

Thanks to all who helped a Newb to a side of NH Law we mostly do not have to deal with!

Take care!

 

[drgrant]

I don't think this is specified anywhere in the RSAs. You might want to talk to GONH, etc. The issuing authority may be in violation of the law. (I'm not 100% sure on what is an absolute requirement for indicia of residency).

-Mike

 

[Matt_SERE]

Moved to OP.

 

[drgrant]

dr,

thanks! that's what i thought. i had never heard of such a thing.

he was at work, on the cell, all excited and i didn't want to tell him he was getting the run around and then eat crow.

seems strange to me though.

anyone else "heard" of anything like this?

Whatever you do, don't let him drop the issue. Otherwise that PD will go on to harass other citizens with its BS unless its feet get held to the fire.

-Mike

 

[Matt_SERE]

Consolidating in OP.

 

[Kevin_NH]

Willing to share the name of the town? I've heard there are a couple of towns asking for "Letters of Reference",

Reading the RSA, they can't require applicant to supply anything more than what is requested on the original form, certainly not 3 months of utility bills. Since the official form requests your NH driver's license number, that should be enough to prove residency, though a few towns think they can get away with requiring a photocopy of your DL.

If the form was filled out completely and accuracy and is denied for something stupid like not having utility bills, he has only 30 days to "petition the district or municipal court", hopefully resulting in the police chief having to pay all costs. (see http://www.gencourt.state.nh.us/rsa/html/XII/159/159-6-f.htm)

 

[Matt_SERE]

Consolidating in OP.

 

[terraformer]

For reference, that's not even a requirement in 99% of Massachusetts towns. I only know of one here.

 

[ScottS]

He should fill out the form as printed, and turn it in with his $10. They would have to state in writing why it was denied, and they're not about to put "because he didn't provide three months of utility bills."

 

[Matt_SERE]

Consolidating in OP.

 

[ScottS]

Sorry, I misunderstood where he was in the process.

Keep us apprised. It won't take long to find out.

 

[Kevin_NH]

Understood.

Once the drama is played out, would be good for the name of the town to become known, maybe sic PGNH on them.

 

[Twigg]

I'm hoping you understand this is neither "your" nor "your friend's" fight.

This is OUR fight. Whenever any self empowered petty tyrant sees fit to restrict the rights of free citizens their actions need to made public and the collective weight of the citizens they serve needs to be brought into the light of day through the media and every watchdog association focused on the unlawful actions of the offending party.

We need to nip this shit in the bud. I will not see New Hampshire turn into Massachusetts.

 

[Matt_SERE]

Consolidating in OP.

 

[Racenet]

We need to nip this shit in the bud. I will not see New Hampshire turn into Massachusetts.

Well, we can't shoot them at the border and they keep jumping the fence.

 

[KMS]

What's the name of the damn town lol.

 

[ScottS]

It IS his fight. He has lived in New Hampshire for over a decade. Not just my 'friend but FAMILY.
It MAY be my fight if as you say NH is let to become MA; which I entirely doubt!

So yes it could become OUR fight. The focus now is on why the request for utility bills?

Thank you for your message but I need to get more facts first.

Take care.

Something was lost in the translation, but I think Twigg's message was "we are all in this together, brother."

 

[Twigg]

Something was lost in the translation, but I think Twigg's message was "we are all in this together, brother."

Exactly my intentions.
Didn't intend to come across as a buttinski but I was functioning on just one cuppa coffee.

 

[Matt_SERE]

Exactly my intentions.
Didn't intend to come across as a buttinski but I was functioning on just one cuppa coffee.

...and I am not drinking any!

Not a problem. It just isn't my State (yet) and I need to talk to him.

He has his permit without any problems! New question in OP. I will be back after appointments.

Thanks to all of you!!

 

[Matt_SERE]

See OP.

 

[Matt_SERE]

Clarification in OP.

Thanks. It is not something most of us will ever have to deal with.
One side I would never have needed to think of.

Thanks for the help.

Take care!

 

[Kevlar]

Federal law requires that resident aliens must prove 90 days residency in a State to purchase firearms from a FFL...

An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.

[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]

http://www.atf.gov/firearms/faq/unlicensed-persons.html#aliens-purchase

Interestingly, the BATFE has recently concluded that...

...as a matter of law, applying a more stringent State residency requirement for aliens legally present in the U.S. than for U.S. citizens is incompatible with the language of the GCA. As a result, ATF will be revising the regulations in 27 C.F.R. Part 478 to conform to the Department’s conclusions by removing the separate 90-day residency requirement for aliens. Once the regulations have been revised, both U.S. citizens and aliens legally present in the U.S. will be subject to the same requirements for State residency and proof of residency. ATF is in the process of amending its forms to conform to the statute as well.

http://www.atf.gov/press/releases/2011/12/122211-atf-open-letter-state-of-residence.pdf

 

[Matt_SERE]

^^^^^^ Kevlar,

thanks for the information! I will pass it on.

He is just psyched that he is bringing back his training from over twenty years ago!
We both commented on how much has changed with firearms since the 80's and 90's!

 

[Kevin_NH]

A Justice Department spokesperson said this does not expand any rules under the Gun Control Act, it merely removes a previous stipulation for legal aliens. Those who fall under the category of legal alien will still have to go through the same process as an American citizen does to purchase a firearm, showing proof of residency, among other things, the spokesperson said. The spokesperson could not specify when this decision was made, but said that the department regularly conducts legal reviews of these rules and such reviews occur on an ongoing basis.

Strange timing on removing the Federal 90-day rule.

 

[gws1063]

Call me cynical, but I assumed that the BATFE was going to reconcile the difference in requirements by making EVERYONE provide 90-day proof of residence.

-Gary

 

[Rob Boudrie]

...as a matter of law, applying a more stringent State residency requirement for aliens legally present in the U.S. than for U.S. citizens is incompatible with the language of the GCA.

My guess is that they are making this move because they consider the separate 90 day requirement is something they would lose given a Flether v. Haas style constitutional challenge, and the administration would rather see a quiet voluntary change to one of their procedures than a federal court decision overturning and aspect of BATFE policy.