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Old May 15, 2010, 02:55 PM   #1
S_Constitutionist
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Join Date: April 21, 2009
Posts: 317
Buying a handgun in AZ as a NV resident. Options?

Hi there.

I am about to purchase my first handgun and I have lived in Phoenix, AZ for the past 4 years. Because I am an out-of-state student who couldnt qualify for in state tuition, I kept my Nevada ID. I searched but could not find a similar circumstance.

My question is, can I legally purchase a handgun from an FFL in AZ with my NV license and proof that I have lived here for several years?

I will be returning to Nevada in a few months (just graduated!). So, I could either wait and buy in person in NV or buy online from someone like Bud's and have it shipped to an FFL in Nevada, though it seems like the costs of transfer fees, shipping, etc would negate all of the savings. Could my parents pick it up from the FFL in Nevada or would I have to?

Thank you.

Thoughts?
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Old May 15, 2010, 05:14 PM   #2
A/C Guy
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Location: Apache Junction, Az
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If you have a passport and vehicle registration or other state issued form showing an Az address, you could buy a firearm.
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Old May 15, 2010, 07:27 PM   #3
NavyLT
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
+1 what A/C Guy said.

Quote:
Could my parents pick it up from the FFL in Nevada or would I have to?
You would have to. The first question on the form 4473 is, "Are you the actual purchaser of the firearm." A "NO" answer to that question disqualifies the buyer. A "YES" answer to that question in this case would be a lie, which is against Federal Law - 18 USC 930.

In regards to your student resident status:
From page 126 of this document:
http://www.atf.gov/publications/down...f-p-5300-4.pdf

Quote:
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.

Last edited by NavyLT; May 16, 2010 at 07:57 AM.
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Old May 15, 2010, 08:36 PM   #4
rickyjames
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Join Date: July 5, 2009
Posts: 558
i live in az and i buy guns here. although i am not up on every law involved in the gun buying process i have never seen anyone without an az driver lic or other proof of being a resident able to buy a gun here, and i have unfortunatly been next in line behind more than a few that have tried. if there are exceptions i am not sure an average salesman would be aware of them. i will say it is as easy as getting an az driver license and thats pretty easy.
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Old May 16, 2010, 02:14 AM   #5
Head-Space
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Join Date: May 14, 2010
Posts: 187
Quote:
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 outof-
State college students actually
reside in their home State they are
considered residents of their home
State.
I'd double check this! College students do not qualify for resident tuition when they reside in a dorm or rent off campus. They're not considered "residents" for purposes of college tuition, nor are they considered residents for purposes of buying hunting/angling licenses.

I'm not sure if they can be licensed in their "college state" by the DMV for a state driver's license. College students are a borderline case, even when they're working part-time in the state while attending school.

I not claiming "hard fact" on this. I just know that college students are "iffy" about residency in several regards.
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Old May 16, 2010, 02:39 AM   #6
medalguy
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Join Date: August 31, 2009
Location: New Mexico
Posts: 1,020
Here's a quote from the ATF FAQ page:

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]



Whether the requirement that you OWN property is required is unclear. I believe if you rent and RESIDE there part of the year, you qualify as a resident. I believe a property ownership requirement would be unduly onerous and unconstitutional. This seems to indicate that ownership of property in a second state does not in itself qualify you to purchase a handgun in another state. You must actually be a resident there, although in other sections they do not state any minimum requirements for residency, just that you must "reside" there whenever you fill out the 4473. You might want to call your local BATF office for clarification but be sure they understand the above comment.
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Old May 16, 2010, 07:56 AM   #7
NavyLT
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Quote:
Originally Posted by Head-Space
I'd double check this!
Double check it? How? It came straight from the ATF! It is ATF Rule 80-21. It's what the ATF says, not what NavyLT says. I edited my previous post to indicate exactly what is published in the 2005 Federal Firearms Regulations Reference Guide as ATF rule 80-21 for you.
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Old May 16, 2010, 12:53 PM   #8
S_Constitutionist
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Join Date: April 21, 2009
Posts: 317
This is very interesting information folks! I was all but convinced that this was impossible (what a stupid law to begin with... I have bought several rifles and shotguns with no issues).

I will contact the BATF field office in my area when they are open tomorrow.

Thanks again!
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Old May 16, 2010, 08:57 PM   #9
wally626
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Join Date: July 31, 2009
Posts: 635
Colleges make it really hard for out-of-state students to qualify as residents for the purpose of tuition rates. This has nothing to do with being a state resident. I was an out-of-state student while at the U of Illinois but was a state resident as soon as i arrived (well maybe after 30 days don't remember). I had an Illinois DL, paid IL taxes as a resident etc. I eventually filed for a in-state status at the University after 6 years of school and was granted residence by the school, but the entire time I was an Illinois State resident in the eyes of everyone but the University.

Under federal law you are a resident of the state while at school, but convincing the clerk at the gun store without a driver's license may be a another matter.
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Old May 18, 2010, 03:49 PM   #10
EOD Guy
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Join Date: February 18, 1999
Location: Concord, CA, USA
Posts: 726
Quote:
Originally Posted by NavyLT
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.
The problem with that is that the OP has graduated and is no longer a student. I don't think there is any extension once you are out of school.
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