State of Residence for Firearm Purchase - Multiple?

[orygunmike]

Can you have multiple states of residence for purpose of purchasing a firearm?

My son goes to university in Vermont 9 months of the year, and lives in Oregon 3 months of the year. He pays Oregon state taxes when he works in the summer.

Can he purchase from a FFL in Vermont?

 

[TAB]

sounds like he is an OR state resident.

 

[ArmedBear]

Varies from state to state, but there are some rules of thumb.

If he has an OR driver's license, Oregon plates, etc., he'll probably have a hard time claiming he's a VT resident.

However, if he has a VT driver's license, a local checking account, a car registered in VT, etc., he's probably a VT resident. Maybe not for in-state tuition at a public college, but for all other purposes he would be.

Paying OR taxes doesn't make him an OR resident when he's not living in OR. AFAIK one who works in multiple states can have state taxes divvied up according to where the money was earned.

 

[orygunmike]

Update

my son just called me....he had just finished shooting his new Glock 22....

the gunstore owner required that he provide a letter from the university to prove that he is a current student of the university....and he sold him the gun.

Assuming the shop owner knows what the heck he is doing....I learned something new. And yes....my son showed his Oregon DL and the letter from the Vermont school.

 

[NavyLCDR]

27 CFR 478 defines state of residence as such:
http://edocket.access.gpo.gov/cfr_2003/aprqtr/27cfr478.11.htm

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 he has no intention of making a home in Vermont, then he cannot be considered a resident of Vermont. He can buy long guns there, probably, but not handguns.

If he gets a Vermont driver's license with a permanent address in Vermont on the license, that is probably all a Vermont FFL would require for ID. Then to buy in Oregon he would have to produce some proof of a home in Oregon such as lease or utility bills as well as his Vermont driver's license.

The same would work in reverse, he would have to have a lease and or utility bills to prove a home established in Vermont with his Oregon driver's license. But anything such as a school ID or school address won't work because that does not establish a home.

And, yes, you can have more than one state of residence, but you have to establish intent to make an actual home there for at least part of the year. That is further down in 27 CFR 478.

 

[NavyLCDR]

I just saw your post. Did he buy a handgun or a long gun? But as long as he was honest with the FFL and the FFL bought off on it, he is good to go. Glad it worked out for him!

 

[TargetTerror]

I believe that where you spend a length of time in more than 1 state, per the ATF you can be considered a resident of whatever state you are residing in at the time of the sale. I don't have a cite right now for that, so double check that info, obviously.

 

[wdlsguy]

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.

Example 3. A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.

27 CFR 478.11

 

[EOD Guy]

BATF has made a specific ruling pertaining to the residence of college students. It is ATF Rul. 80-21 which expands on wdlsguy's reference.

ATF Rul. 80-21
"State of residence" is defined by regulation in 27 CFR 478.11 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 for the summer months and in State Y for the summer months of the year. The regulations 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 out-of-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 residence is located. During the time out-of-State college students actually reside in their home State they are considered residents of their home State.

This is right out of the Federal Firearms Regulations Reference Guide, Pages 126 and 127. Notice that the States X and Y example they reference both mention summer months. Poor editing on their part.

Some State laws may also apply. The reference is only for Federal law.

 

[NavyLCDR]

Sweet! Thanks EOD Guy, I love learning new stuff all the time...

 

[orygunmike]

EOD Nails It !!!

Ding
Ding
Ding

We have a winner!

great stuff....thanks for pulling this cat out of the hat.

 

[geekWithA.45]

It's nice to finally have a definitive ruling on the college student case.

 

[everallm]

WDSLGuy,

Any idea if in example 3 if by "alien" they mean permanent resident aliens (Green Carder) or non PRA's.

Reason I ask is that I am a GC'er in NJ and make a point of exercising my 2nd Amendment rights as frequently as possible....partly 'cause it NJ....

I may be taking up a job in Delaware and will be working and living there long term, Monday to Friday. I am not too comfortable with schlepping firearms back and forward and would look to buy a pistol (or two) to keep in Delaware.

Question is, can I buy pistols in DE after being primarily resident there or do I have to go thorugh the loooooong, drawn out procedure of getting a permit to purchase in NJ and bringing the pistol to DE?

 

[wdlsguy]

Any idea if in example 3 if by "alien" they mean permanent resident aliens (Green Carder) or non PRA's.

I assume they are using the definition from 27 CFR 478.11:

...
Alien. Any person not a citizen or national of the United States.

Alien illegally or unlawfully in the United States. Aliens who are unlawfully in the United States are not in valid immigrant, nonimmigrant or parole status. The term includes any alien--
(a) Who unlawfully entered the United States without inspection and authorization by an immigration officer and who has not been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (INA);
(b) Who is a nonimmigrant and whose authorized period of stay has expired or who has violated the terms of the nonimmigrant category in which he or she was admitted;
(c) Paroled under INA section 212(d)(5) whose authorized period of parole has expired or whose parole status has been terminated; or
(d) Under an order of deportation, exclusion, or removal, or under an order to depart the United States voluntarily, whether or not he or she has left the United States.
...