NavyLCDR
member
In summary, it would be a 100% completely legal transaction for the OP to purchase the rifle/shotgun in MN either:
1. As an Illinois resident, with his Illinois Driver's License and FOID and 24 hour wating period
OR
2. As a Minnesota resident, with his Illinois Driver's License as proof of identification and another government issued document showing his current residence in Minnesota such as a hunting/fishing license, MN State University admission papers, etc.
What happened at Wal Mart was illegal because he purchased the rifle/shotgun as an Illinois resident, listing Illinois as his state of residence on the form 4473 and then did not complete the transaction in accordance with Illinois state law (no waiting period).
If he wanted to buy the rifle/shotgun as a Minnesota resident, he would list Minnesota as his state of residence on the form 4473, his Illinois driver's license would be recorded in Block 20a of the form 4473, and his other document establishing Minnesota residence would be recorded in Block 20b of the form 4473.
http://www.atf.gov/forms/download/atf-f-4473.pdf
Look at page #5 of the instructions ^^^^.
Pages 126 and 127 of this document:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
will tell you that the ATF considers a college student to be a resident of the state they are going to college in as well as their "home" state of residence.
razorback2003, Frozen North, and chieftan, you happen to be misinformed.
BTW, crm7290....
You are not responsible for violating the waiting period, the FFL is because of 18 USC 922 (b)(3):
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
1. As an Illinois resident, with his Illinois Driver's License and FOID and 24 hour wating period
OR
2. As a Minnesota resident, with his Illinois Driver's License as proof of identification and another government issued document showing his current residence in Minnesota such as a hunting/fishing license, MN State University admission papers, etc.
What happened at Wal Mart was illegal because he purchased the rifle/shotgun as an Illinois resident, listing Illinois as his state of residence on the form 4473 and then did not complete the transaction in accordance with Illinois state law (no waiting period).
If he wanted to buy the rifle/shotgun as a Minnesota resident, he would list Minnesota as his state of residence on the form 4473, his Illinois driver's license would be recorded in Block 20a of the form 4473, and his other document establishing Minnesota residence would be recorded in Block 20b of the form 4473.
http://www.atf.gov/forms/download/atf-f-4473.pdf
Look at page #5 of the instructions ^^^^.
Pages 126 and 127 of this document:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
will tell you that the ATF considers a college student to be a resident of the state they are going to college in as well as their "home" state of residence.
razorback2003, Frozen North, and chieftan, you happen to be misinformed.
BTW, crm7290....
You are not responsible for violating the waiting period, the FFL is because of 18 USC 922 (b)(3):
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
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