Face to Face Sale

[lpsharp88]

I am an Ohio resident, but go to college in Kentucky. Is it legal for me to buy a handgun in a face to face transaction, in Kentucky?

 

[NavyLCDR]

I am an Ohio resident, but go to college in Kentucky. Is it legal for me to buy a handgun in a face to face transaction, in Kentucky?

Yes. During the times that you are physically living in Kentucky to go to college.

 

[lpsharp88]

Yes. During the times that you are physically living in Kentucky to go to college.

Thanks a lot! Also, after some digging around on the internet, I came across this
http://www.lrc.ky.gov/krs/237-00/020.PDF

 

[Frank Ettin]

Yes. During the times that you are physically living in Kentucky to go to college.

Thanks a lot! Also, after some digging around on the internet, I came across this
http://www.lrc.ky.gov/krs/237-00/020.PDF

Do not rely on KRS 237.020. It does not mean what you might think it means. You really don't understand it.

Note that 237.020(2) provides, in pertinent part, as follows (emphasis added):

(2) Residents of states other than the Commonwealth of Kentucky who are citizens of the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law .... from properly licensed dealers, manufacturers, importers, or collectors, and from unlicensed individual persons in the Commonwealth of Kentucky.

The point is that under federal law (with some very narrow exceptions not applicable here) a resident of one State is not permitted to acquire a gun from a resident of another State. A detailed outline of applicable federal law may be found here.

What's important for the OP is that while he is living in Kentucky to attend college he could be considered, under federal law, a resident of Kentucky. Here's the federal law definition at 27 CFR 478.11:

State of residence. 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. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1.

A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.

A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3.

A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.

 

[lpsharp88]

Do not rely on KRS 237.020. It does not mean what you might think it means. You really don't understand it.

Note that 237.020(2) provides, in pertinent part, as follows (emphasis added):

​

The point is that under federal law (with some very narrow exceptions not applicable here) a resident of one State is not permitted to acquire a gun from a resident of another State. A detailed outline of applicable federal law may be found here.

What's important for the OP is that while he is living in Kentucky to attend college he could be considered, under federal law, a resident of Kentucky. Here's the federal law definition at 27 CFR 478.11:

​

So I fall under example 2 and should be good to go?

 

[lpsharp88]

Also found this on the ATF page: ATF held
that, during the time college students actually reside in a college dormitory or at an offcampus location, they are considered residents of the State where the on-campus or offcampus housing is located.
came from here: http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf

 

[DoubleMag]

That all sound nice until you provide your OH drivers license for that KY purchase

 

[lpsharp88]

Drivers license isn't required for face to face sales. If the person asks for it, I provide it, along with my college ID, and show my Ohio CCW (recognized by KY), and show the ATF regulation, should clear anything up...hopefully

 

[wep45]

show em the cash n get the gun.

 

[lpsharp88]

show em the cash n get the gun.

That's what I was thinking, but I just wanted to make sure I wouldn't get thrown in jail or anything crazy like that. No gun is worth jail time to me.

 

[gazpacho]

If you live on campus, you'll probably need to find someplace other than a dorm room to store the firearm. As well as being a huge gun free zone, leases for dorm rooms usually include anti-gun provisions.

 

[lpsharp88]

No worries there, I got out of the dorms as soon as I could!

 

[Frank Ettin]

We're drifting. The OP issue has been addressed.