out of state purchase

[berg]

Hi Everyone,

I am an out of state student at PSU (legal resident of NY). I recently got my carry permit for PA, which the sherrif gave to me because I am in the military. Also in the process of getting a NY permit, but the paperwork takes forever to go through (crazy liberals and their gun control laws).

Anyway, does anybody know where I can find the law(s) pertaining to non-residents or military purchasing handguns in PA?

Thanks!

[stopphillysmrdrrate]

frankly you shouldn't have got a permit to carry in our state unless you got a nonresident ccw permit.

[Jake^]

Sorry, don't know PA laws specific to non-resident military. While I was stationed in TX, we were allowed to purchase handguns if permanent party stationed under PCS orders. Maybe this helps.

[BIA_Design]

I am an out of state student at PSU (legal resident of NY). I recently got my carry permit for PA, which the sherrif gave to me because I am in the military. Also in the process of getting a NY permit, but the paperwork takes forever to go through (crazy liberals and their gun control laws).

PCS Title 18, Chapter 61, Subchapter A, § 6109
(e)(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:
(ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. 921(a)(19) (relating to definitions).


As I read it... someone didn't follow the rules??????

As for your original question... the search engine is your friend....

This topic has been discussed...

A recap though: IF you own/rent, pay utilities, and more important, live in PA for a significant portion of the year you should be able to.... But... you will have a hard time finding a FFL dealer willing to do this as it is really stretching their comfort level.

http://www.atf.gov/firearms/faq/faq2.htm#b12

(B12) 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? [Back]

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]

[berg]

Thanks for the help guys. Guess I'll have to call around to find an FFL dealer who knows the ATF regs well.

In regards to me not really being allowed to have a PA permit, I did not know the non-resident law. I went down to the county sherrif and he seemed to be fine with issuing me a permit using my MIL ID.

[Philadelphia]

Thanks for the help guys. Guess I'll have to call around to find an FFL dealer who knows the ATF regs well.

In regards to me not really being allowed to have a PA permit, I did not know the non-resident law. I went down to the county sherrif and he seemed to be fine with issuing me a permit using my MIL ID.

Good for you. If you're law abiding citizen it's about time we found a sheriff who is more generous with permits instead of some of them who act like we're asking for the holy grail or something.

I'm no expert but my understanding is you'd have to be OK to buy guns in PA and pass the PICS check (which sounds like no problem) AND NY would have to be OK with you buying guns out of state and bringing them in. I think that would be a hang up. You may be able to use the guns in PA when you are here but you might have to actually have them shipped to an FFL in NY to do their background checks and double secret registation or whatever they have there.

I've looked into this to do some out of state training and that's how things were set up. Buy and use the gun there (so no airline hassles transporting the guns there). Ship it to FFL in home state for the local checks when you get home. Done. Also a great excuse to buy more guns!

[berg]

Additionally, after checking out that ATF website posted above, I am a resident of PA and NY. I live in PA 9 months out of the year. Ignoring the lines about the military (I'm on reserve until I graduate)...

(B11) What constitutes residency in a State? [Back]

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

[Xringshooter]

Actually it's not that difficult to sell a handgun to a person in the military. If he has orders assigning him to a specific post in a state, that state is considered his state of residence. He does not have to change his DL if he doesn't want to but I'd recommend that he keep whatever DL he has up to date.

Concerning the PICS, the FFL just won't be able to use the automated system. The FFL will speak to one of the people there and give the info verbally, explaining that it is a military member stationed in PA. They will ask for ID, Ht, Wt, Eye & Hair color, address in PA, etc. At that point I think (not sure, never asked the question) that they access the NICS to check the background. If good, they give you the control number for your paperwork. If not, they give you whatever it is they give a FFL (never had it happen yet) and you give the buyer the denial form if he wants to challenge the denial. The most that may happen is that it is delayed because of the other stuff they have to do and the buyer comes back when you get the go ahead.

[fultonCoShooter]

this was from back in 2003 but i belive it is still the same

A purchaser who is a
member of the Armed Forces
on active duty is a resident of the
State in which his or her permanent duty
station is located, and may satisfy the identification
document requirement by presenting his or her military
identification card along with official orders showing
that his or her permanent duty station is within the State
where the licensed premises are located. Also, in some
cases military personnel may have two States of resi-
dence if they have a permanent duty station in one
State, but reside and maintain a residence in another
State.

[BIA_Design]

Actually it's not that difficult to sell a handgun to a person in the military. If he has orders assigning him to a specific post in a state, that state is considered his state of residence. He does not have to change his DL if he doesn't want to but I'd recommend that he keep whatever DL he has up to date.

But I don't think the OP is stationed in State College. I read it as he was most likely an enlisted military or than signed up to ROTC to attend college. I don't believe this would not put him on active duty, unless he selected that option (army offers it, don't know about AF or marines) More than likely he was placed on a reserve or guard post at SC (which is his ROTC) while he attends school.