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SD PMB not considered a in state address


Twotoes

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Thanks Shawn for staying on top of this. I don’t know what you can do about the ATFE not allowing us to purchase a gun with a PMB but the County Tax Asseor should accept the PMB if they are going to let us registure our vehicles, and take our money and registure to vote using a PMB. As far as ATFE, if the State of SD recognizes a PMB and we pass the Federal Bacground Check then we should be allowed to purchase. The ATFE is violating our Constitional right by forcing the merchants to deny us our rights. 

2015 Itasca Ellipse 42QD

2017 Jeep Wrangler Unlimited Rubicon Hard Rock Edition

2021 Harley Street Glide Special 

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1 hour ago, Twotoes said:

I don’t know what you can do about the ATF not allowing us to purchase a gun with a PMB

The ATF has no such policy on PMB addresses. The ATF sets up general requirements and definitions to purchase a handgun in your home state. Its up to each individual FFL holder/store to determine if you meet those requirements. The ATF supervisor I spoke to 5 yrs ago when I ran into this issue said they don't care if your address is a PMB, they care if you are a SD resident. In addition to your SD DL, if you showed the FFL your signed residency affidavit given to the DMV every renewal, your vehicle registration/title, your voter reg card, your SD CCW, your SD hunting/fishing lic, your SS record from SD, your Medicare or other health insur showing SD, etc; there should be no doubt. If they still refuse, its their company policy, not the ATF fault. sue the company

Like many local/state/federal laws, the ATF residency definition does not fit fulltime travelers. Here is that definition that I was sent from an ATF document...

A person’s “State of residence” is defined by regulation in 27 CFR 478.11 as “the State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State.” Ownership of a home or land within a given State is not sufficient, by itself, to establish a State of residence. However, ownership of a home or land within a particular State is not required to establish presence and intent to make a home in that State. Furthermore, temporary travel, such as short-term stays, vacations, or other transient acts in a State are not sufficient to establish a State of residence because the individual demonstrates no intention of making a home in that State.

Jim

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JRP I was specifically told by Shields in Rapid City ( this was about 3 years ago) that they could not complicate my purchase of a Henry rifle because the local ATF had told them not to sell to anyone with a PMB. Their legal department was advised that they would be shut down if they ignored the order of the local ATF as per the salesman. I went to Cabellas and was told the exact same thing. I know others who use America’s Mail Box and were also denied. So it is the local ATF who is depriving us of a Constitional right. It may not be a ATF policy but it is a local ATF policy.  The local ATF is violating their own general requirements and definitions to buy a weapon. And I was not buying a handgun, I was buying a rifle, which in most States you don’t need to be a resident, only a handgun purchase requires that. 

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2017 Jeep Wrangler Unlimited Rubicon Hard Rock Edition

2021 Harley Street Glide Special 

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Hi Gang,

I spoke with the Pennington County Treasurer's Office. Here is the word I received directly from their representative. They will accept out-of-state checks, delivered in person, bearing the South Dakota address. If the check is printed with an out-of-state address, the Treasurer's Office will cross-out that address and write-in the South Dakota address. Please know the Treasurer's Office will ask to verify your identity via a state or federal ID (e.g. driver license or passport.)

If the Treasurer's Office receives the funds via mail, (not in-person), then out-of-state checks may not be accepted. This policy gives rise to the well-discussed use of certified checks (or electronic payments afforded via on-line registration.) Why the difference in process; I hear you cry? As was explained to me, the Treasurer's Office is not able pursue the prosecution of one who gives them a bad check unless they (the Treasurer's Office) can attest to having verified the identity and signature of the person authoring the check. As such verification is not practical via the mail, the Treasurer's Office is relegated to only accepting certified checks, where payment is assured.

I hope this clarifies the issue.

(Also, Twotoes. I owe you personal apology. I never received your phone message which is why I did not respond. I'm looking-into why.)

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Thanks Shawn. Just an FYI. I left two messages several days apart. One with the main number when I called for my mail forwarding and one dialing your 800 number. On the second call I was told that you were in a meeting. Also anything we/you can do regarding the ATF issue. 

2015 Itasca Ellipse 42QD

2017 Jeep Wrangler Unlimited Rubicon Hard Rock Edition

2021 Harley Street Glide Special 

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