I have done quite a bit of reading and searching various sites (including this one), and I have come up with an interpretation of the law.
I am in North Carolina. They do not allow out-of-state/nonresidents to buy a handgun. They do allow nonresident purchases of long guns. I want to purchase a used remington 870 police model recently turned in by the South Carolina Highway Patrol. By the way, it's a beautiful gun with a walnut foreend and stock - maybe a box of shells through it and some time in a cruiser.
I am also a graduate student originally from and a legal resident of Oklahoma. I will be returning to Oklahoma for the summer in a week's time.
As I see it, the ATF says that while I reside in North Carolina for school, I am a resident. When I return to Oklahoma, I am a resident there. The problem is where North Carolina still defines me as a Non-resident.
So I went to purchase the shotgun from an FFL, who allowed me to claim Oklahoma as my legal residence. But on the transfer form, I asked whether I should use my current residence in North Carolina, or my permanent residence in Oklahoma. He stopped and said "that's a dealbreaker." In other words, he sees me as a resident of North Carolina - due to the fact that I have been renting an off-campus apartment for nearly 9 months now. So I would need to get a driver's license or ID confirming me as a resident of North Carolina to go through with the purchase.
At this point it would be stupid for me to go through all the insurance, registration, and licensing to change my state of residence over a $200 gun - especially when I may only reside in North Carolina for 3 more years. My status as a resident of Oklahoma is perfectly legal as it stands now. There is no good reason to change it.
So my options for getting that shotgun (which I put on layaway) are either:
1. Transfer the gun FFL-to-FFL back to Oklahoma and make the transfer to me there.
2. Hope that the FFL agrees with my interpretation of the law.
Sorry this is so long, but it's complicated....
My interpretation:
North Carolina has designated me a Non-resident. I am temporarily there for education, and when my schooling is complete, I will return to Oklahoma. From that standpoint, I am not prohibited from purchasing a long gun in North Carolina. I should be able to present my Oklahoma ID and make a purchase.
The BATF has designated me a resident of North Carolina while I reside in North Carolina. They require that I show proof of my residence with a document showing my name, my signature, my DOB, SSN, and place of residence. That would be a North Carolina DL. However, they also say that any combination of documents with my name and a piece of that information, which together gives the name, sig, DOB, SSN, etc. works as well. So from that standpoint, my Oklahoma DL plus my rent bills, or my checkbook, my bank statements... should work. Do you agree?
As I see it, I can be a nonresident in the eyes of the North Carolina law, and a resident in the eyes of the BATF. I interpret this as being legal. I can be both, as long as my status to North Carolina is legal for the purchase of a long gun, and my status to the BATF satisfies the BATF laws.
I can demonstrate my residence in Oklahoma (and perhaps show my enrollment in school. is that necessary?) with my Oklahoma DL. I satisfy the North Carolina law.
I can demonstrate my residence in North Carolina to the BATF with my Oklahoma DL/ID in conjunction with something showing my residence in North Carolina for 90 days or more.
The FFL just has to be very familiar with the laws, or I will have a hell of a time convincing them of this. So, does my reasoning make sense?
I am in North Carolina. They do not allow out-of-state/nonresidents to buy a handgun. They do allow nonresident purchases of long guns. I want to purchase a used remington 870 police model recently turned in by the South Carolina Highway Patrol. By the way, it's a beautiful gun with a walnut foreend and stock - maybe a box of shells through it and some time in a cruiser.
I am also a graduate student originally from and a legal resident of Oklahoma. I will be returning to Oklahoma for the summer in a week's time.
As I see it, the ATF says that while I reside in North Carolina for school, I am a resident. When I return to Oklahoma, I am a resident there. The problem is where North Carolina still defines me as a Non-resident.
So I went to purchase the shotgun from an FFL, who allowed me to claim Oklahoma as my legal residence. But on the transfer form, I asked whether I should use my current residence in North Carolina, or my permanent residence in Oklahoma. He stopped and said "that's a dealbreaker." In other words, he sees me as a resident of North Carolina - due to the fact that I have been renting an off-campus apartment for nearly 9 months now. So I would need to get a driver's license or ID confirming me as a resident of North Carolina to go through with the purchase.
At this point it would be stupid for me to go through all the insurance, registration, and licensing to change my state of residence over a $200 gun - especially when I may only reside in North Carolina for 3 more years. My status as a resident of Oklahoma is perfectly legal as it stands now. There is no good reason to change it.
So my options for getting that shotgun (which I put on layaway) are either:
1. Transfer the gun FFL-to-FFL back to Oklahoma and make the transfer to me there.
2. Hope that the FFL agrees with my interpretation of the law.
Sorry this is so long, but it's complicated....
My interpretation:
North Carolina has designated me a Non-resident. I am temporarily there for education, and when my schooling is complete, I will return to Oklahoma. From that standpoint, I am not prohibited from purchasing a long gun in North Carolina. I should be able to present my Oklahoma ID and make a purchase.
The BATF has designated me a resident of North Carolina while I reside in North Carolina. They require that I show proof of my residence with a document showing my name, my signature, my DOB, SSN, and place of residence. That would be a North Carolina DL. However, they also say that any combination of documents with my name and a piece of that information, which together gives the name, sig, DOB, SSN, etc. works as well. So from that standpoint, my Oklahoma DL plus my rent bills, or my checkbook, my bank statements... should work. Do you agree?
As I see it, I can be a nonresident in the eyes of the North Carolina law, and a resident in the eyes of the BATF. I interpret this as being legal. I can be both, as long as my status to North Carolina is legal for the purchase of a long gun, and my status to the BATF satisfies the BATF laws.
I can demonstrate my residence in Oklahoma (and perhaps show my enrollment in school. is that necessary?) with my Oklahoma DL. I satisfy the North Carolina law.
I can demonstrate my residence in North Carolina to the BATF with my Oklahoma DL/ID in conjunction with something showing my residence in North Carolina for 90 days or more.
The FFL just has to be very familiar with the laws, or I will have a hell of a time convincing them of this. So, does my reasoning make sense?