Legal Advice: Buying a handgun out of state

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zahc

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I live in OH (unfortunately). I am a visiting student at a college in MT. I am living in school housing facilities from june 5th through august 10th. Storing the gun legally has been sorted out and is not an issue.

I bought a gun on gunbroker and had it sent to a local FFL. Said FFL told me I could not take possesion of the gun because I was not a MT resident. So I am currently both moniless and handgunless, which is not a very happy situation.

1. What is a 'resident'? Could I get a MT driver's liscence?

2. Is there any way I can legally take possesion of said handgun?

3. Can I legally buy a handgun in a FTF personal transaction?
 
Can you have it shipped to an Ohio FFL? Is Ohio a difficult state to buy a handgun in? Haven't heard any complaints about the laws there. I know you want your gun right now but that may be the only legal way to get it at all.
 
Did you talk this over with the FFL prior to having the gun shipped to him? If not why not?
I would call the local ATF & ask them. It seems to me that college students are residents of the state they are attending school in. The Billings field office is (406)657-6886. They can point you to Fargo or Helena if they are not the right ones.
Luck!
 
Can you have it shipped to an Ohio FFL?

Yes. But I'm in Montana. But worst case, I could have it mailed to my local shop in OH and get it when I go home, months from now.

Did you talk this over with the FFL prior to having the gun shipped to him? If not why not?

Yes, and the FFL talked with the shop I bought the gun from as well. Somehow this went right over our heads. It all went to hell when I handed him my OH driver's liscense. I will attempt to call the ATF and see what the real scoop is.
 
I'm just guessing, but a two-month "visit" does not sound like it would qualify for residency in a state.
 
I'd say get on your local DMV website and check out the residency requirements to switch your license. That might or might not be the easiest way.
 
What is the problem

Fedreal law requires one to be a licensed resident of the state you are in to buy a handgun. You would have to a be a full time resident to buy a handgun in Montana. Ie registered to vote in MT. This depends on current state statues. You could have the gun sent to Ohio FFL where you can pick it up when you come home.
 
Change your residency. Get a MT license, and take possesion in MT. Double check that you can purchase the gun -- some states require you to be a resident for a length of time before you can buy [though I'd guess MT isn't one :) ]

Of course, you won't be able to buy handguns in OH, unless you change your residence again.....
 
One solution I've heard of is just going down to the DMV and asking for an ID card, not a drivers licence.

you can get one with your new college address on it proving that you live in the state. and you can use it to buy firearms.

Getting an ID card doesn't require you to turn in your drivers licence, and since it is a different type of ID from a drivers licence, it doesnt violate any laws that I know of.

I'm not a lawyer, this might be bad advice, I've seen it work for other guys, never tried it myself, but the other guys wern't even hassled.
 
Ask a laywer in the MT what consituents their state residency. Most states require a new resident to claim status within 60 days of moving there. This means giving up your Ohio residence. I dont believe one can be a declaired a full time residence in two states.
 
This question comes up periodically, most frequently in the context of college students.

Here's what the atf says:

http://www.atf.gov/pub/fire-explo_pub/qanda.htm
(B11) What constitutes residency in a State?

The State of residence is the State in which an individual regularly resides or maintains his home. A member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located. If a member of the Armed Forces maintains his home in one State and his permanent duty station is in a nearby State to which he commutes each day, then he may purchase a firearm in either the State where he is stationed or where he maintains his home.

[18 U.S.C. 921(b) and 922(b)(3), 27 CFR 178.11]

(B12) May a person who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in two States and resides in both States for certain periods of the year, he may, during the period of time he actually resides in a particular State, purchase a handgun in that State. But simply owning property in another State does not qualify the person to purchase a handgun in that State.


As you point out, you may in fact be a resident of your school's state during the period you're in school. This status may or may not be modified by the laws of your "school" state.

Invariably, FFLs balk when they see the "home" state driver's license, reasonably suspecting someone's trying to pull a fast one, which is bad mojo for them. Honestly, I'd say that the youth aspect of a college aged person is another yellow flag in the FFL's mind.

There are ways to document residence in the "school" state, (lease, rental agreement, utility bills, etc) but it seems that whether the FFL is willing to accept them is an open question.

The _only_ time I'd ever seen a similiar situation work was with a middle aged man who lived most of the year in NJ, but had summer property in PA. The FFL accepted the DEED TO THE PROPERTY as proof of at least part time residency.


At the end of the day, when it comes to irregular, possibly valid transactions, the FFL will err on the side of safety...HIS safety.
 
There are ways to document residence in the "school" state, (lease, rental agreement, utility bills, etc) but it seems that whether the FFL is willing to accept them is an open question.
If you have such documents, use them to get your Montana DL and then go get your gun. How much does a Montana DL cost? A few bucks? Going back to an Ohio DL later is no big deal.

Or get over being unarmed in MT.
 
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