Help with handgun acquisition for friend's wife

[docnyt]

I've read the pertinent ATF regs and individual state requirements but would like some more clarification from the esteemed members here who may have had some personal experience in the matter, especially dealers here.

Here is the situation. My friend's wife has recently acquired an interest in handgun training for personal defense and has in fact enrolled in a basic course. Their permanent state of residence is Connecticut since that is where their house is. She is currently training in my home state of Alabama for 1 year and maintains an apartment here, complete with utility bills and rent, etc. She has resided here for at least 6 months now.

Now here are my questions. If she were to buy a gun here in Alabama from an FFL will the CT residence be an issue, or can she present proof that she resides here (basically like a student/trainee) and proceed with the NICS check? She will then need to apply for a permit in CT when she goes home and comply with interstate travel regs.

Or what if I purchase a handgun as a gift (which I'm tempted to do anyway just for showing interest)? Are there any legal implications with that? I know she will still need to obtain a Connecticut permit to even receive a handgun but does that mean she will have to receive the gift from an FFL in her home state?

Thanks for any assistance. Please help a potential gun toting comrade out!

 

[NavyLCDR]

http://ecfr.gpoaccess.gov/cgi/t/tex...&tpl=/ecfrbrowse/Title27/27cfr478_main_02.tpl

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.

You probably won't find an FFL that will actually do the transaction, but it would be legal for her to buy a gun from an FFL, show her Connecticut driver's license to prove identity and show utility bills or lease to prove state residency. While she is in Alabama, she is under Alabama laws completely, and Connecticut laws have nothing to do with it until she returns to Connecticut. She would list Alabama as her state of residence on the form 4473.

There is no problem with a gift, so long as she does not compensate you for the gun in any way, then making the transaction a straw purchase.

 

[Al Thompson]

If she has a Alabama driver's license and resides there for more than 90 days, she should be good to go.

No Alabama DL and I also don't think a FFL would transfer a handgun.

 

[docnyt]

Thanks for the replies. We did talk about her getting an AL DL anyway. It will definitely be needed for her to apply for CCW here. The gift idea looks more appealing once we can settle the issue of her residency.

 

[NavyLCDR]

For the purposes of a private party transfer, such as a gift, the issue of residency is already resolved.

 

[honestlou]

I don't know if Alabama will issue a driver's license without her turning in her Connecticut license, but Alabama should issue her an I.D.

There is no requirement to drive or have a license to purchase a firearm, and she shouldn't have a problem with an FFL if she has a state issued I.D., and utility bills or insurance or anything else to establish residency.

 

[wishin]

I don't know if Alabama will issue a driver's license without her turning in her Connecticut license, but Alabama should issue her an I.D.

There is no requirement to drive or have a license to purchase a firearm, and she shouldn't have a problem with an FFL if she has a state issued I.D., and utility bills or insurance or anything else to establish residency.

Looks like she can get the ID. This is probably the best way to go.

See:
http://www.dmv.org/al-alabama/id-cards.php

Identification cards are issued to people who are either unqualified to drive or choose not to drive. They are not issued to current holders of an Alabama driver's license.

To apply for non-driver identification, you must take the following documents to your local driver's license office:

One document that verifies your name and date of birth. This can include your certified birth certificate, passport, and naturalization or citizenship certificates.
Social Security card.
If the first document is not a photo ID, then you must supply one more form of identification. This can include any valid U.S. driver's license, marriage license, Veterans Administration card, Selective Service card, school identification card with photo, a W2 tax form, or divorce decree.
$23 to purchase the non-driving ID.

 

[mgkdrgn]

I don't know if Alabama will issue a driver's license without her turning in her Connecticut license, .

No, they won't.

But if she is living/working in AL for more than 90 days, then she -should- get an AL license, auto registration, yadda yadda yadda. I'm sure the fines are much more than the costs of complying.

Then she reverses it all if/when she returns to CT.

The State issued ID card also sounds like a good way to go.