Out of state purchasing...with a twist...

[samuraibsd]

Hi, all. I'm new here, so don't beat me up too bad! I'm posting this on a PA forum because you guys seem to have a more active community than most of the NJ places I've seen so far. I did a forum search, but came up empty handed.

I'm wanting to buy a Mosin Nagant. I currently live in New Jersey (I'm in college in NJ), but my permanent address is still in California. As I understand it, I'm not required to have a FIDC to possess a firearm, but merely to purchase one. From what I've read, some places in PA will ask for one if you're a NJ resident, but since I'm not, and I'm only physically living in NJ, not an actual resident (I vote in CA, and my driver's license is issued from the CA DMV), does this still apply to me?

I'm also wondering if I can skirt some of this since the Mosin Nagant is most often classified as C&R. Any info you guys have is helpful. Thanks a lot.

[tl_3237]

In NJ a person is not required to have an NJFID to possess a longarm IN THEIR RESIDENCE but they do need one to transport within the state unless they can qualify for an exemption for activities such as range, repair, place of sale to residence, etc. One does need it to purchase a longarm in NJ or being an NJ resident.

You can buy longarms out of state from an FFL but he is required to assure that the sale is compliant with both the FFL's state and YOUR state. Hence they are required, by Federal law, to have all NJ residents display the NJFID.

You claim not to be an NJ resident but, since you are currently residing in NJ, I'm not sure that is true insofar as Federal gun laws are concerned. Technically, if the FFL was comfortable in selling it to you as a CA resident I suppose it would be legal (provided he did it IAW CA law); would think however that most FFL's would not chance the sale.

You may be more convincing to the FFL if you requested he ship it directly to you CA address or CA FFL if required by state law.

[PaBimmerGuy]

college students are like the military for buying guns they can use their home residency or their college residentcy. so he could buy guns like a californio or a new jerseyite.

so by buying a gun in pennsylvania and asserting his california status he wont be breaking any laws. things may have changed but thats the way it was when i was in the gun business 20 years ago.

considering what new jersey did to the guy who was moving from his parents home to his own. id look into getting a njfid just to cover my ass.

[tl_3237]

college students are like the military for buying guns they can use their home residency or their college residentcy. so he could buy guns like a californio or a new jerseyite.

so by buying a gun in pennsylvania and asserting his california status he wont be breaking any laws. things may have changed but thats the way it was when i was in the gun business 20 years ago.

considering what new jersey did to the guy who was moving from his parents home to his own. id look into getting a njfid just to cover my ass.

Any cites for that?

Been researching this issue for anoter thread without any success.

[PaBimmerGuy]

Any cites for that?

of course.

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 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.

[ATFB 1980-4 25]

[tl_3237]

Perfect - exactly what I was looking for

Many thanks - rep sent

Here is thread I was researching:
http://forum.pafoa.org/rifles-42/121...-state-dl.html

[samuraibsd]

of course.

Thanks a bunch, that's exactly the type of information I was looking for. Guess I'm going to have to apply for an ID now...anyone know if the shall-issue nature of these is actually honored? I have no criminal record or anything, but I've heard New Jersey is notorious for failing to issue things like CCWs in a timely fashion. Thanks for the great responses, guys.

Also, no worries...I'm planning on living in PA once I graduate...not much that could make me stay in NJ.

[Archiver]

[QUOTE=samuraibsd;1446287....but I've heard New Jersey is notorious for failing to issue things like CCWs in a timely fashion..[/QUOTE]

"timely CCW?"......I almost fell off my chair!!! New Jermany as we call it here in PA WILL NOT ISSUE YOU A CCW PERMIT...PERIOD!! The ONLY way to get one is with political clout and even then once your political patron is out of office ..kiss it goodbye...if you actually by some MIRACLE got one to begin with!
Even retired LEO's are frowned upon and forced to qualify every 6 months and file a mountain of paperwork which is why so many give up and move to PA!
NJ Leos are actually criminals in my book since despite NJ LAW to the contrary they simply refuse to process the paperwork to issue a CCW...criminal conspiracy!
Then to add insult to injury the LEO NJ SCUM actually come to Easton to use our range!

[mrjam2jab]

Thanks a bunch, that's exactly the type of information I was looking for. Guess I'm going to have to apply for an ID now...anyone know if the shall-issue nature of these is actually honored? I have no criminal record or anything, but I've heard New Jersey is notorious for failing to issue things like CCWs in a timely fashion. Thanks for the great responses, guys.

Also, no worries...I'm planning on living in PA once I graduate...not much that could make me stay in NJ.

"timely CCW?"......I almost fell off my chair!!! New Jermany as we call it here in PA WILL NOT ISSUE YOU A CCW PERMIT...PERIOD!! The ONLY way to get one is with political clout and even then once your political patron is out of office ..kiss it goodbye...if you actually by some MIRACLE got one to begin with!
Even retired LEO's are frowned upon and forced to qualify every 6 months and file a mountain of paperwork which is why so many give up and move to PA!
NJ Leos are actually criminals in my book since despite NJ LAW to the contrary they simply refuse to process the paperwork to issue a CCW...criminal conspiracy!
Then to add insult to injury the LEO NJ SCUM actually come to Easton to use our range!

That said...what you want is the NJFPID...not a CCW permit....which you will file with local PD...if you are applying as a NJ resident...or nearest state police barracks, not located on a toll road, if applying as a CA resident.

[PSUfan14]

I'm actually in a similar situation as the OP, but hold a CA driver's license and am a student at Penn State. I tried buying a shotgun from Dick's in the past but was unable to buy it at the time because they would not sell based on the CA license. How would I go about proving dual residence under 80-21? I'm assuming they should have a copy of the ATF guidelines there, so if they do I could probably point them to that, but what else should I bring along? I was thinking maybe my Penn State ID, a copy of my local cable bill, and my CA driver's license, but I still have my doubts that they're going to do the sale probably because the workers there have never dealt with the dual residence issue so I wouldn't be surprised if they turn me down based on that. Is there any realistic chance that they'll actually do a sale to a dual resident under 80-21 or am I going to have to stick to doing a private party face to face sale with someone?