27 C.F.R. 178.11 College student wanting to buy handgun

[chinamandan]

Im trying to help out a Life U. student out of Florida find a gun shop that may be able to help him out. His understanding is he can buy one in state even though he has a Florida ID with some old ATF decisions/opinions (we love their opinions!). I told him whether or not this is legal, I can't think of a local shop that is willing to sell one in fear of making a mistake. Usually it's an out of state serviceman/servicewoman that has orders but I have not seen this.

Does anyone know what he is talking about?

Does anyone know where he can get what he wants if it's legal?

Thanks in advance to any helpful input on this!

 

[Lionheart]

Subscribed

 

[jeep78]

ATF Rul. 80
-21
[Status of ruling:
Active]
The Bureau
has been asked to determine the State of residence of out
-of-State college students
for purposes of the Gun Control Act of 1968. “
State of residence
” is defined by
regulation in 27
C. F.R. 178.11 as the
State in which an individual regularly
resides or ma
intains 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.
Th
e 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 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
home is located.
During the time out
-
of-State college students
actually
reside in their home State they are
considered residents of their
home
State.

 

[jeep78]

Sorry about the formatting.

All in all, it would be easier to buy in Florida if he still has an address and drivers license in Florida.

 

[gh1950]

He can't have two driver's licenses at one time, so the bother may be more than it's worth, depending on his intention to return to FL.

 

[41mag]

Even if he finds someone to sell to him, would he not be in violation if his intentions were to take said firearm home to diff state?

 

[gh1950]

Even if he finds someone to sell to him, would he not be in violation if his intentions were to take said firearm home to diff state?

No

Once he has legally purchased it, he can take it wherever he wants, subject to state law.

 

[kahrshooter]

OP, sent you a PM.

 

[gh1950]

Quoted directly from the 4473 regarding Question 2, "current state of residence and address"

FFL's nowadays won't accept a student ID or other non-government issued ID, so in order for the college student to obtain a State of Georgia issued ID card, the student 1st needs a STREET ADDRESS which would be the location where they currently reside while enrolled in college here in Georgia.

Then they go to the DMV and apply for a GA state ID and they will need a certain number of identification "points" and I believe their Social Security Card is a mandatory item. All this info and sample forms are available online. BTW, the new ID can be mailed to a PO Box, just not listed as your residence.

Once it arrives in the student's mail, any FFL should accept that State issued ID while filling out a 4473 for firearms purchase.

The problem for the student in question is that if he eligible for a Ga state ID, he would be REQUIRED to get a Ga Drivers license, and register his car in GA. The ID card is primarily for people who don't drive. If he doesn't have a car in Georgia, and doesn't drive in GA, then the ID card could work, if the FFL will accept it.

 

[kahrshooter]

https://www.atf.gov/file/55496/download

Rental agreement or letter showing GA Residency, a State Issued ID (with pic) from home state, and a Student ID from Life, and personally, I would do a FTF private sale to such a person.

Seems enough to establish current residency, which makes him, if he is a non felon, over 18, perfectly legal to sell to as just another State of GA resident.