Student in outside home state, question on 'dual residency.'.


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Uninspired
January 18, 2011, 08:13 PM
Hi, first time posting on the forum so I'll try to be 'brief.'

I am going to school in one state, living off campus with a lease.
(Utilities, and such as well.)

I am not planning to stay, and hope to return to my other state after I graduate, drivers license, voting, taxes, domicile, etcetera are still there.

I've got around 76 credit hours left before that, and it will be a few years.

I was told that it is possible for a person to have ' dual residency' for the sake of firearm purchase requirements at federal firearms license holding shops.

Seems to be a not-widely-documented issue, and I am sort of wondering if I should pretty much write off the possibility of making my purchase through a local shop.

Does anyone have any thoughts on the issue?

Thanks.

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dogtown tom
January 18, 2011, 10:23 PM
Uninspired Hi, first time posting on the forum so I'll try to be 'brief.'
I am going to school in one state, living off campus with a lease.
(Utilities, and such as well.)
I am not planning to stay, and hope to return to my other state after I graduate, drivers license, voting, taxes, domicile, etcetera are still there.
I've got around 76 credit hours left before that, and it will be a few years.
I was told that it is possible for a person to have ' dual residency' for the sake of firearm purchase requirements at federal firearms license holding shops.
Seems to be a not-widely-documented issue, and I am sort of wondering if I should pretty much write off the possibility of making my purchase through a local shop.
Does anyone have any thoughts on the issue?
Thanks.

For the purposes of acquiring or disposing of firearms, ATF considers you a resident of the state where you make your home. That could be multiple states.

Example:
A 22 year old college student from Plano, TX goes to school at OU in Norman, OK. He has a Texas Drivers license, has Texas license plates on his car and considers Plano his home and residence. While attending school at OU he lives in a dormitory.

ATF considers him a resident of both Texas & Oklahoma (while he is living there). During the summer vacation he moves out of the dorm and returns to his home in Texas (no longer considered a resident of Oklahoma).

Federal law permits you to purchase rifles or shotguns from a licensed dealer when outside your state of residence, but you may only purchase handguns and other firearms from a dealer in your state of residence.

While living in the dorm at OU the student would be considered an Oklahoma resident and eligible to purchase any firearm from either a licensed dealer or nonlicensee. The Form 4473 has a place for the dealer to record "alternate documentation" if the ID does not show current residence address.

However..........

As this student has a Texas drivers license it is unlikely that a licensed dealer in Oklahoma would be willing to sell him anything but a rifle or shotgun. Even if the student provides that alternate documentation.



.

IBEWBULL
January 18, 2011, 10:30 PM
Many states require you to get that state drivers license and register your car if you do not return to your home state in a stated time period. It may be 30 days , I do not know. Most people do not change things and I don't remember of a recent case but it was a problem in the 80s when there was a lot of construction work in the Dakotas.
So , if you plan on being there for a while you can change your drivers license and register your car. The rub comes when you do your taxes. It may be a pain in the butt.

medalguy
January 19, 2011, 01:19 AM
Uh, not 100% correct. According to BATF FAQ, your home is wherever you are residing at the time. You are allowed to purchase FIREARMS in your state of residency. This is not limited to rifles and shotguns. You may also purchase handguns.

I maintain 2 homes in 2 different states and I purchase rifles, shotguns, and handguns in both states pretty regularly. As stated, the problem is establishing your proof of residency in the second state. You need to find a dealer who understands the law and ask him what kind of proof will satisfy his requirements, or obtain a CCW in the second state, or obtain a state issued ID card if you don't plan to get a driver's license in state #2. I have used vehicle registration and insurance card several times, utility bills, and even a copy of my home purchase papers for one dealer.

dogtown tom
January 19, 2011, 10:05 AM
medalguy Uh, not 100% correct.
Please point out the mistakes I made in my response.:scrutiny:

EOD Guy
January 19, 2011, 11:57 AM
[Quote]
medalguy Uh, not 100% correct.
Please point out the mistakes I made in my response.

In the example you gave the student is only a resident of one State at a time. When he is attending school in Oklahoma, he is a resident of that State. When he returns to Texas, he is again a resident of Texas.

See ATF Ruling 80-21:



ATF Ruling 80-21

27 CFR 178.11: MEANING OF
TERMS
An out-of-State college student
may establish residence in a State
by residing and maintaining a
home in a college dormitory or in a
location off-campus during the
school term.

"State of residence" is defined by
regulation in 27 CFR 178.11 as the
State in which an individual regularly
resides or maintains a home. The
regulation also provides an example
of an individual who maintains a
home in State X and a home in State
Y. The individual regularly resides in
State X except for the summer
months and in State Y for the summer
months of the year. The regulation
states that during the time the individual
actually resides in State X he is a
resident of State X, and during the
time he actually resides in State Y he
is a resident of State Y.

Applying the above example to outof-
State college students it is held,
that during the time the students actually
reside in a college dormitory or
at an off-campus location they are
considered residents of the State
where the dormitory or off-campus
home is located. During the time outof-
State college students actually
reside in their home State they are
considered residents of their home
State.

medalguy
January 19, 2011, 12:12 PM
That's how I read it but we're really splitting hairs here. I suppose technically you can only be a resident of one state at a time, but the main point is, yes the OP can purchase any firearm in his second state if he can provide the documentation to a dealer or individual to satisfy the residency requirement.

Really, though, the onus falls on the signer of the 4473 where you declare your state of residency in question 13 on page 1. If you falsify that declaration you bear the outcome.

Prince Yamato
January 19, 2011, 12:53 PM
Having been in this situation when I was a student here is how it works in practice:

As mentioned above, the ATF will recognize you as a dual resident.

Generally to "prove" you are a dual-resident, an FFL will want to see proof that you have been residing in that state for some time (pay-stubs, utility bills, rent receipts, etc.).

The conflict you will face (which is basically more of a technical pain, than a legal one) is the conflicting DL # vs. state of residence on your 4473. Sometimes, there's an issue when that's called in. Also, some FFLs won't even bother with you if you're purchasing a handgun.

Again, what you are doing is 100% legal, it's just that most people aren't aware that it is and are afraid that you are a prohibited person trying to buy out of state.

Be prepared to talk to the folks on the phone when your 4473 is called in and explain.

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