purchasing handgun w/o domicle in that state

[Ridgeway]

Does anyone have any thoughts/info on the ability to purchase a handgun (or any firearm for that matter) in a state other than where one maintain's a permanent address.

IIRC the atf has a statement on their website that states that a student may purchase a firearm in the state in which he/she goes to school during the portion of the year that he resides in the 2nd state.
I'm leary to try- as what address would you even put on the 4473?
I discussed it briefly w/the local range & they advised that I should get a ID (non-drivers) from this state (state #2), and didn't think I could purchase/fill out the 4473 otherwise.
I question whehter I would be able to be issued such an id, and if obtaining one would do something to promote a change in residency (I have a DL & CCW from state #1 that I wish to keep).

For the moment I think I'll just not buy anything, but I'm curious if anyone has ever tried?
The shop I was @ did not seem to think proof of a local address (apartment, not a dorm) would be sufficient by itself.
Thoughts?

 

[sig226]

BATFE says you can be a resident of more than one state. The key is not whether you get in state tuition at a school, it is whether you reside there. Lots of people maintain residences in more than one state, so the trick is the interpretation of the word reside. If, for example, you own a hunting cabin in another state and you go there for one week every year to go hunting, you do not reside there, even though you pay taxes on the property, etc.

If you really do live there, then you are answering the questions truthfully on the 4473. If you are a student and you live in another state to go to school, you make a residence there. You live there and do all the things normally associated with maintaining a home. You have to put your instate address on the form when you buy a handgun. If you are planning to buy guns from other stores, make sure you use the same address, even for a long arm.

To offer the example in a different light, suppose you loved your new city and state so much that you only went home for Christmas and the Fourth of July. You could no longer call yourself a resident of the old state. You're just visiting.

 

[mp510]

There is a copy of the ATF ruling in ATF Publication 5300.4 (Federal Firearms Regulations Reference Guide). It is ATF Ruling 80-21 College Students Establishing Residency in a state. It is on page 127 of the current (2005) edition (The table of contents says 125, but it is really on 127). The ruling does in fact say that while a resident of state X attending college in state Y is a resident of state Y for firearm purchase purposes while residing in that state whether be it on or off campus. Ask your dealer to check his copy of the book- he should have one if he is an FFL holder. You can also order a copy of it off the ATF website for free (I also recommend ordering a copy of the publication 5300.5- which is a compilation of all state firearms laws for the entire country) and bring this to his attention. He can then get in touch with the local field office for further info on how to proceed with the transaction.

 

[Ridgeway]

wow very good, thanks very much

 

[zoom6zoom]

Keep in mind that if your ID does not match the address, the dealer may still refuse the sale, even though it's technically legal.

 

[Ridgeway]

Keep in mind that if your ID does not match the address, the dealer may still refuse the sale, even though it's technically legal.

very true, i imagine most dealers would be leary
certainly would have to discuss it first

 

[Mike OTDP]

Allow me to recommend getting a C&R license, also. Solves a lot of problems.

 

[waterhouse]

Keep in mind that if your ID does not match the address, the dealer may still refuse the sale, even though it's technically legal.

This depends on what other information you bring with you. If all you bring is an out of state license, and the addresses don't match, the dealer cannot legally proceed with the sale just based on your word that you are a student and that you really live in the new state. You would need some other gov't issued proof of your current residence (tax record, etc.)