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- Thread starter Pronghorn
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kingpin008
Member
Yes, it is. FTF sales can only occur between residents of the same state, as per Federal law.
Shadow 7D
Member
Um, No sale
as you have to comply with the laws of the resident state, and that would be Illinois, so he HAS TO POSSESSES A FOID, otherwise it is an illegal sale, and Handguns are a NONO.
as you have to comply with the laws of the resident state, and that would be Illinois, so he HAS TO POSSESSES A FOID, otherwise it is an illegal sale, and Handguns are a NONO.
Last edited:
brboyer
Member
Um No,
as you have to comply with the laws of the resident state, and that would be Illinois, so he HAS TO POSSESSES A FOID, otherwise it is an illegal sale, and Handguns are a NONO.
Uh, no.
Regardless of the FOID issue or any other State laws, it would be unlawful on the Federal level.
ETA: I'm going to disagree with myself...just thought about it. He is a resident of WI while at school and a resident of IL while at home. He may legally purchase a firearm in either state while living there.
Each State's laws would apply to the FTF purchase when making the purchase in that state.
So it depends on what WI's laws are on FTF purchases.
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NavyLCDR
member
brboyer is exactly correct (the second time). When going to school in WI and sleeping every night in WI, he is a WI resident and WI laws apply. At the point, IL has nothing to do with it. It would be perfectly legal for him to purchase the handgun from another WI resident, no FOID required.
When he decides to return to IL, with the pistol, now he has a problem, because IL law will apply and he will need an FOID card to possess the pistol.
When he decides to return to IL, with the pistol, now he has a problem, because IL law will apply and he will need an FOID card to possess the pistol.
I have no idea what to tell him, i guess the simple thing to do is for him to apply for a FOID card and just purchase one from a dealer.
However, I do know know if being a student at a WI campus qualifies you as a resident of WI. I guess thats where the real question lies.
However, I do know know if being a student at a WI campus qualifies you as a resident of WI. I guess thats where the real question lies.
Freedom_fighter_in_IL
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When he decides to return to IL, with the pistol, now he has a problem, because IL law will apply and he will need an FOID card to possess the pistol.
Unfortunately correct. He can purchase it since he is in school and residing there, but his best bet would be to apply for an FOID before he comes home with that firearm. If his home in Illinois is still with his parents, have him fill out the app and it will be sent to his parents home. It is $10.00 for a 10 year card. It took mine 35 days to get here so if he plans on coming home anytime soon he needs to get on it.
Shadow 7D
Member
Um, that's the hitch, see a student can be a resident of a different state than the school they are attending hence OUT OF STATE TUITION
The question is what is 'resident' physical location like in the faqs of the guy with a business in two states splitting his time (cali and AZ I believe)
Or is a student a 'transient' resident much like a temporary worker or soldier, where they are simply out of their state.
And while we are on it, I guess a simple way to sell him a LONG GUN would to check his DL, if it's Illinois, I would run, not walk from the deal. If it WI, well thats up to you.
The question is what is 'resident' physical location like in the faqs of the guy with a business in two states splitting his time (cali and AZ I believe)
Or is a student a 'transient' resident much like a temporary worker or soldier, where they are simply out of their state.
And while we are on it, I guess a simple way to sell him a LONG GUN would to check his DL, if it's Illinois, I would run, not walk from the deal. If it WI, well thats up to you.
NavyLCDR
member
Shadow 7D,
ATF Rule 80-21:
Page 126 - 127 of
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
27 CFR 178.11: MEANING OF
TERMS
An out-of-State college student
may establish residence in a State
by residing and maintaining a
home in a college dormitory or in a
location off-campus during the
school term.
ATF Rul. 80-21
"State of residence" is defined by
regulation in 27 CFR 178.11 as the
State in which an individual regularly
resides or maintains a home. The
regulation also provides an example
of an individual who maintains a
home in State X and a home in State
Y. The individual regularly resides in
State X except for the summer
months and in State Y for the summer
months of the year. The regulation
states that during the time the individual
actually resides in State X he is a
resident of State X, and during the
time he actually resides in State Y he
is a resident of State Y.
Applying the above example to outof-
State college students it is held,
that during the time the students actually
reside in a college dormitory or
at an off-campus location they are
considered residents of the State
where the dormitory or off-campus
home is located. During the time outof-
State college students actually
reside in their home State they are
considered residents of their home
State.
HOWEVER, if you are going to purchase a handgun from an FFL in WI, you will need identification that proves WI residency. If you are going to purchase a long gun from an FFL in WI using an IL driver's license, you are going to also have to meet the requirements of IL law as well as WI. These requirements are Federal law and ONLY apply to purchases from FFLs, they do NOT apply to private sales.
ATF Rule 80-21:
Page 126 - 127 of
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
27 CFR 178.11: MEANING OF
TERMS
An out-of-State college student
may establish residence in a State
by residing and maintaining a
home in a college dormitory or in a
location off-campus during the
school term.
ATF Rul. 80-21
"State of residence" is defined by
regulation in 27 CFR 178.11 as the
State in which an individual regularly
resides or maintains a home. The
regulation also provides an example
of an individual who maintains a
home in State X and a home in State
Y. The individual regularly resides in
State X except for the summer
months and in State Y for the summer
months of the year. The regulation
states that during the time the individual
actually resides in State X he is a
resident of State X, and during the
time he actually resides in State Y he
is a resident of State Y.
Applying the above example to outof-
State college students it is held,
that during the time the students actually
reside in a college dormitory or
at an off-campus location they are
considered residents of the State
where the dormitory or off-campus
home is located. During the time outof-
State college students actually
reside in their home State they are
considered residents of their home
State.
HOWEVER, if you are going to purchase a handgun from an FFL in WI, you will need identification that proves WI residency. If you are going to purchase a long gun from an FFL in WI using an IL driver's license, you are going to also have to meet the requirements of IL law as well as WI. These requirements are Federal law and ONLY apply to purchases from FFLs, they do NOT apply to private sales.
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