I live in Indiana and Florida. Can I buy a handgun while I'm in Indiana?

[SwampDude]

I own homes in both states, and I live in both homes about 6 months each year. I am a Florida resident for voting, income taxes, driver's and CCW license.

As I understand the residency rules as described in the federal background check fine print, when I'm living in my home here I am considered a resident of Indiana for the purpose of purchasing a firearm. I would show my Indiana address on the background check form when buying a gun here.

The only Indiana gun dealer I asked about eligibility to buy a handgun when I'm living here (I sent him a fax with the relevant information highlighted) failed to respond.

I'm in the market for a couple of handguns. My record is squeaky clean. I have property tax, utility and other records showing residency in both states. Can an Indiana dealer sell me a handgun or use his FFL to receive a handgun purchased by me from another seller?

 

[ryan3030]

https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf

ATF has previously addressed the eligibility of individuals to acquire firearms who
maintain residences in more than one State. Federal regulations at 27 CFR 478.11
(definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two
States may, during the period of time the person actually resides in a particular State,
purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and
Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held
that, during the time college students actually reside in a college dormitory or at an off-
campus location, they are considered residents of the State where the on-campus or off-
campus housing is located.



You're good to go

 

[Joniki]

I am going to watch this thread.

 

[Bravo-4-2]

The rule is whether the purchaser actually maintains a RESIDENCE in the state in which he wants to purchase a firearm. If you do legitimately reside there, as opposed to owning a home/property but do not actually reside there, then, yes, you may purchase in the state. You could do so in 2, 3 , 4 or X states as long as you met the requirement as I described. As you have described your situation, you can indeed purchase a firearm in both states.

 

[drillsgt]

Without an IN drivers license I don't see any IN dealers jumping on that one.

 

[chezuki]

Without an IN drivers license I don't see any IN dealers jumping on that one.

This. Nor will many private sellers.

 

[Cameramonkey]

And if you DO find a seller willing to sell to you, make sure its during the summer (I assume thats when you maintain residency here).

While on a technicality you CAN buy while you are in residence here, but if for instance you came back during the "off-season" for a quick trip and saw a deal you just couldnt pass up, you would run afoul of the law if you tried to go through with it.

 

[SwampDude]

Without an IN drivers license I don't see any IN dealers jumping on that one.

Would a dealer see the transaction as risky even though I'm a solid citizen with documents that satisfy the regs?

 

[SwampDude]

And if you DO find a seller willing to sell to you, make sure its during the summer (I assume thats when you maintain residency here).

While on a technicality you CAN buy while you are in residence here, but if for instance you came back during the "off-season" for a quick trip and saw a deal you just couldnt pass up, you would run afoul of the law if you tried to go through with it.

I've been in Indiana for 6 continuous months this time. I'd be buying with the ability to show utility and other records (including affidavits from neighbors if somebody pressed the matter) clearly showing I've been here.

I don't want to buy a firearm if the legality is the least bit questionable. I've never run afoul of the law, and I don't want a dealer sticking his neck out.

Given language in the background check form I really thought this would be a slam dunk.

 

[Cameramonkey]

Would a dealer see the transaction as risky even though I'm a solid citizen with documents that satisfy the regs?

Every last dealer I have seen requires an INDL. Not even an IN issued State ID card is good enough. No DL, no dice. Well, unless you have an "in" with someone at the shop that is willing to vouch for you long enough for you to get past the "no DL, no transaction" rule so you can present your supporting documents to the owner.

I'd say find a good dealer in your home state (per your drivers license) and stick to them. Its going to be a BIG headache trying to buy here.

ETA: Legality isnt the issue. Its finding a dealer that understands the federal law and is willing to look past the lack of an INDL. Given the slim margins on firearms, I wouldnt blame the average gun shop for passing on your sale "just in case"

 

[sloughfoot]

You are not a prohibited person? You have no crmininal intent for any firearms you wish to purchase?

Free citizens are this afraid of stumbling over the regulations posted by our masters?

I am saddened. I don't have an answer to the question. I am just sad that the question needs to be asked. And the many answers and interpretations of the regulations imposed on us.

In 1963 I purchased a 98 Mauser through the mail from a company in Chicago with my paper route money. I killed my first deer with that rifle. I was 12 in 1963.

it is now 2014 and we must have this discussion.

 

[ModernGunner]

Welcome to the Liberal run U.S.A.

While it's 'technically' legal as cited by the BATFE, not sure if I'd go by their opinion, even if it's on the their website.

And, as noted, not sure many IN dealers would want to take the chance. Afterall, it's their license that's (potentially) at risk.

 

[SwampDude]

Thanks for the input. I can wait to buy in Florida. You know how it is when the new gun itch is bitin'.

I would think my circumstances are fairly common. If dealers aren't familiar with the regs, however, I can understand the reluctance to take a chance; maybe they haven't read the background check form.

 

[Joniki]

Here is why I was watching this thread.

I was in a gun shop last week and witnessed someone purchase a handgun. They presented a "international drivers license" for ID that had a Texas address on it. The purchaser did have water bills and checks with an Indiana address on them...

 

[Hawkeye]

I had trouble a couple of years ago closing a transaction in IN as an IN resident. I was purchasing a rifle that was on sale for a good price sort of as a self-birthday present. I had just been to the BMV to renew my DL and had a little piece of parer from them showing that I had done so and that the new one was in the mail since they don't keep the plastic at the branches. Security issues? Anyway, the dealer would not accept the license issued by the BMV since it was;t the cute plastic one. Held the rifle for me and gave me the sale price a couple of days later. But it was an unusual issue to stumble over. I wonder whether they would have accepted my passport with other proof of residence?

 

[MrsGungho]

Every last dealer I have seen requires an INDL. Not even an IN issued State ID card is good enough. No DL, no dice. Well, unless you have an "in" with someone at the shop that is willing to vouch for you long enough for you to get past the "no DL, no transaction" rule so you can present your supporting documents to the owner.

I'd say find a good dealer in your home state (per your drivers license) and stick to them. Its going to be a BIG headache trying to buy here.

ETA: Legality isnt the issue. Its finding a dealer that understands the federal law and is willing to look past the lack of an INDL. Given the slim margins on firearms, I wouldnt blame the average gun shop for passing on your sale "just in case"

Thanks for the input. I can wait to buy in Florida. You know how it is when the new gun itch is bitin'.

I would think my circumstances are fairly common. If dealers aren't familiar with the regs, however, I can understand the reluctance to take a chance; maybe they haven't read the background check form.

I think the red explains it all. There are so many regs for the FFL to know and follow. Some, like this one, doesn't come up often and isn't high on the radar for understanding.

The only suggestion I can give is to take a copy of the law with you, a copy of your utility bills, or whatever you want to show for proof of residence here for the past 6 mths (?). Go to a dealer close to home and see what they can do for you. I'd try to go when not so busy so they can take the time to understand the regs.

Good luck with it all if you decide to try to purchase.

 

[Harleyrider_50]

You are not a prohibited person? You have no crmininal intent for any firearms you wish to purchase?

Free citizens are this afraid of stumbling over the regulations posted by our masters?

I am saddened. I don't have an answer to the question. I am just sad that the question needs to be asked. And the many answers and interpretations of the regulations imposed on us.

In 1963 I purchased a 98 Mauser through the mail from a company in Chicago with my paper route money. I killed my first deer with that rifle. I was 12 in 1963.

it is now 2014 and we must have this discussion.

YEAH.....know whut'cha mean......I know of a dude....done same thing, same yr, only was a Italian Carcano......he went hunt'n, too....and bag'd the President of the United States.........

 

[tlandon]

I just moved back to Indiana from Florida. I worked at a gunstore in Florida and I work for a gunstore here in Indiana now. All you have to show to purchase here in Indiana is proof of residency. Any legal document to prove residency in Indiana. And vice versa in Florida, although you have a FL drivers license so that's not an issue down there. Some gunstores are unsure of all the laws or just wont sell to you if you dont have a valid drivers license from that state. I would not deal with a store that doesnt know the laws. Most are afraid of losing their FFL, which is just plain ignorance. The state laws will vary across the country, but the Federal Laws apply to everyone.
I am amazed that so many people dont do the research to find out what they can and cant do. Ran into a guy yesterday that swore it was illegal to open carry in Indiana. He also thought that Indiana didnt recognize Florida carry permits and vice versa.
The firearms laws are so confusing and so lacking in common sense, Federal and State, that they are really unbelievably stupid.

 

[Leo]

In 1963 I purchased a 98 Mauser through the mail from a company in Chicago with my paper route money. I killed my first deer with that rifle. I was 12 in 1963.

it is now 2014 and we must have this discussion.

Herters?

 

[SwampDude]

Thanks again for the comments.

My greatest disappointment is that the dealer I've sought out to buy guns from for years didn't even respond to my inquiry. He's a successful dealer with a big presence at every fairgrounds gun show. He should understand the law because he's been in the business for years. Go figure.

I don't 'need' another gun, for certain. I'll get along without a new one (or two) until I get back to Florida. The store I buy from down there knows me and appreciates my business.