North Dakota handgun purchase by non-resident

[MH-6 21]

Hi, first time posting I've been lurking around for a while though.

I am a Missouri resident in North Dakota for school. I am planning on buying another handgun but... I'm 19 so it would need to be a private transaction. My question is, since I am not a ND resident, can I even purchase legally in the private sector from someone who is a resident of North Dakota?

A little background - I plan on getting my North Dakota CWP and don't want to try and conceal a my full size glock if I want to carry on my person.

[vranasaurus]

If you are a resident of Missouri then you cannot buy a handgun in ND.

Now I am not certain but attending school in ND may make you a ND resident for the purpose of the GCA. If it doesn't you will have to go back to MO to purchase a new handgun.

[MH-6 21]

I cannot get residency for I believe 6 months as a student? That's just what I have heard so I'm not totally sure. But regardless I've just been here since the beginning of this semester so about 3 weeks.

Thank you for the answer though.

[vranasaurus]

Whether or not ND considers you a resident is not the determining factor.

The GCA may consider you a "resident" of a state even though you are not a resident for most other purposes.

[MH-6 21]

Searching google, which of course led to wikipedia (best I can find right now although not the most reputable), my understanding is that the GCA doesn't recognize any differences in what it considers a resident of a state than the actual state would. The way I'm reading it I would still have to have the gun transferred to an FFL and then pick it up from there. To pick it up from an FFL I would have to be 21 even though it's a private party sale, I think. I could be wrong, i'll have to stop by the local gun shop and see what they say.

[NavyLT]

Searching google, which of course led to wikipedia (best I can find right now although not the most reputable), my understanding is that the GCA doesn't recognize any differences in what it considers a resident of a state than the actual state would. The way I'm reading it I would still have to have the gun transferred to an FFL and then pick it up from there. To pick it up from an FFL I would have to be 21 even though it's a private party sale, I think. I could be wrong, i'll have to stop by the local gun shop and see what they say.

The GCA has it's own definition of state residency completely separate from states' definitions of residency. For the purpose of a private sale, the definition of residency in the GCA would apply. I'll post the good news regarding your residency in a minute.

Not for a private sale between residents of the same state, and, according to the GCA, you are resident of the state you are living in to go to school there.

That part is correct. Any dealings with an FFL regarding a handgun or ammunition for use in a handgun - you must be 21.

An FFL is only going to tell you have to be 21. They won't know about students' residency and private firearms sales.

[NavyLT]

From page 126 if the 2005 Federal Firearms Regulations Reference Guide:

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.

[ATFB 1980-4 25]

http://www.atf.gov/publications/down...f-p-5300-4.pdf

[MH-6 21]

That is great news. Thanks for the help and clarification.