Question about Non-Pennsylvania Resident Handgun Purchases

[armatum]

Hello PAFOA,

I have a hopefully simple question. I have a friend who currently goes to and physically resides at Penn State. However, while this individual stays at Penn during the school year (and actually stays in MD during the summer for an internship), he still holds a Texas drivers license, and considers Texas as his legal residence.

Having just moved from MD to PA myself, in the past I've inquired about purchasing handguns in PA (while being a MD resident). The process seemed straight forward enough, the FFL here in PA would ship the firearm to an FFL in MD, who in which would complete the MD requirements (including the unconstitutional seven day waiting period, Thanks Brady!). My question stems from what options someone has if they are further from home?

In this particular case, could my friend purchase the firearm in PA, and take it home (same day)? Would my friend need to ship the firearm to Texas for a dealer there to complete the Texas related paperwork/processes? Could he simply buy a firearm from a Texas dealer and have them ship it to a PA dealer for pickup? What steps must he take to comply with all local, federal, and Texas laws? Does he have any option other than arranging to go home and purchase the firearm in Texas?

Thanks in advanced for any insight you might have!

[phillykev]

I don't have the answer you want, because I don't remember. But I do remember this being asked and answered on here before. So if no one pipes up, try searching.

[y0rlik]

The laws are quite clear. All handgun sales/transfers (except for C&R eligible guns for a holder of a C&R license) must go through an FFL in the individual's state of residence. That means, if he has a TX driver's license, he has to do the transfer in person in TX (to my knowledge mail order transfers aren't allowed). If he's going to go to that bother, he would probably be better off just buying the thing in TX (especially if he's purchasing a new handgun) and skipping the PA middleman. Either way, that's going to be one expensive gun.

[armatum]

The laws are quite clear. All handgun sales/transfers (except for C&R eligible guns for a holder of a C&R license) must go through an FFL in the individual's state of residence. That means, if he has a TX driver's license, he has to do the transfer in person in TX (to my knowledge mail order transfers aren't allowed). If he's going to go to that bother, he would probably be better off just buying the thing in TX (especially if he's purchasing a new handgun) and skipping the PA middleman. Either way, that's going to be one expensive gun.

Okay, what about:

TITLE 27 CFR CHAPTER II
PART 478—COMMERCE IN FIREARMS AND AMMUNITION

§ 478.11 Meaning of terms.


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.

Source

[customloaded]

This is so cool. I am a legal resident of PA, Stationed in Texas, and live in New Mexico. So, I can buy pistols in, yup, you guessed it, New Mexico, Texas, and Pennsylvania.

Keep in mind, Long guns can be bought and sold by citizens of any state without a residency requirements, as long as the state they are a residence of, allows said purchase to take place...ie buying an AR-15 might be prohibited in the state of residency so the state where purchase is being made cannot complete the purchase.

CL

[armatum]

This is so cool. I am a legal resident of PA, Stationed in Texas, and live in New Mexico. So, I can buy pistols in, yup, you guessed it, New Mexico, Texas, and Pennsylvania.

PS: I couldn't pick one, both images are awesome.

[Chazman321]

You live in PA, get a PA driver's license, buy a PA firearm, and get a PA LTCF... When he visits MD or moves home to Texas, it won't matter... The question is, where do you spend the most amount of time, and do you meet the requirements for getting your PA driver's license? If you can get a PA DL, then go buy the gun... It takes half an hour to turn in your old one and get a new one...

-Chaz

[armatum]

You live in PA, get a PA driver's license, buy a PA firearm, and get a PA LTCF... When he visits MD or moves home to Texas, it won't matter... The question is, where do you spend the most amount of time, and do you meet the requirements for getting your PA driver's license? If you can get a PA DL, then go buy the gun... It takes half an hour to turn in your old one and get a new one...

This isn't a "my friend" post - I personally live in PA, have a PA DL and a LTCF, even purchased a firearms in PA already. Just mentioning, because you used "You" a lot.

As for the person I was speaking of in the post. I cannot answer ANY of those questions. I have ZERO idea why he hasn't ever simply switched his legal address. When I asked him, he said it was due to car/health insurance, etc., reasons and left it at that.

With any luck, he should be able to get a permit for Texas and then an out of state license for PA for the purpose of carrying. He just doesn't want to deal with the overhead of purchasing a firearm in Texas and then having to transport it back.

[y0rlik]

After doing some more looking on the ATF website, I found the following:

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 individ-
ual 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 ac-
tually 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.
[ATFB 1980-4 25]

Source -- See pp. 126-127 specifically.

Given this, I think it's quite clear that your friend is OK to purchase a handgun in PA during his time of residency provided he can prove that he does indeed live in the state at the time of purchase and he can find an FFL willing to make the sale.

You learn something new every day.

[armatum]

After doing some more looking on the ATF website, I found the following:



Given this, I think it's quite clear that your friend is OK to purchase a handgun in PA during his time of residency provided he can prove that he does indeed live in the state at the time of purchase and he can find an FFL willing to make the sale.

You learn something new every day.

Awesome, thank you for the information you've found. I'll print all of this out and share it with him. I am sure he will be thrilled.