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Buying/owning a handgun while residing in a different state

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Njal Thorgeirsson

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Feb 14, 2011
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Colorado, USA
Hello,

A friend of mine has immediate family in a state that requires a permit to purchase handguns. She lives in this other state part-time, and has worked (and payed taxes) in both states, and has a house in both states. She doesn't really know what state she'll permanently end up in after her education, and her 21st birthday is coming up. So, she can choose to obtain her ID card in either state.

Can she purchase a handgun (and obtain a CC permit) here in Colorado if she has an ID from this other (handgun-restricted) state? Or would she have to obtain a permit to purchase/possess a handgun in the other state in order to purchase in CO?

Thanks!
 
Seems to me she needs some type of ID that says she lives in CO to buy a handgun there. She needs to meet the requirements of the state she is buying the gun in. If she wanted to take it back to her other state that would depend on that state's laws.

ATF has a section on buying firearms if you reside in different states in its FAQ on their website.
 
She is a resident of both states and may purchase firearms (handgun or long gun) while in either. Of course the laws of the state she is present in at the time of purchase must be followed.

She should also be able to get permits form each (either) state as she is a resident of both.
 
ATF Ruling on "State of Residence"
http://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf

She does not need an ID or DL from each state, just a government issued photo ID.
If that ID does not show her current residence address she will need to provide the dealer with alternate government issued documentation that shows her current residence.

She should be aware that not all dealers will accept alternate documentation because they don't bother reading the regs or the 4473 instructions.
 
GarySTL Some FFLs won't make the sale because they'd rather err on the side of caution. She may have to shop around a little.
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It has nothing to do with being cautious and everything to do with ignorance.

Rather than read the instructions, some dealers just choose to refuse the sale. That isn't being cautious.
 
She is a resident of both states and may purchase firearms (handgun or long gun) while in either. Of course the laws of the state she is present in at the time of purchase must be followed.

She should also be able to get permits form each (either) state as she is a resident of both.
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I don't believe that we can reach that conclusion - "She is a resident of both states" - from the information presented in the OP

She may be.

Generally, enough information to convince internet bystanders of residence in more than one state is far more than what is wise to reveal.
 
Librarian said:
I don't believe that we can reach that conclusion - "She is a resident of both states" - from the information presented in the OP

She may be.

Generally, enough information to convince internet bystanders of residence in more than one state is far more than what is wise to reveal.
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I think it's pretty safe to come to that conclusion based on the OP's statement
Code: 
[COLOR="Blue"]She lives in this other state part-time[/COLOR], and has worked (and payed taxes) in both states, [COLOR="blue"]and has a house in both states.[/COLOR]
when applied to ATF's definition of 'State of Residence'.


ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an off-campus location, they are considered residents of the State where the on-campus or off-campus housing is located.
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