Indiana & South Carolina Residency Question re Gun Purchase

[treylagger]

We've been Indiana residents for a long time but recently became residents of South Carolina for property tax reasons. We maintain residences in both states and split our time almost equally between the states. Can I legally purchase a gun in Indiana without having it shipped to a dealer in South Carolina?

27 CFR 478.11 seems to indicate so (not sure if Indiana has any quirky laws that override the ATF.):



Thanks!

 

[Bill2905]

I would speak with the FFL holder in South Carolina where you would like to purchase the firearm. They should be able to tell you what they require to do a legal transfer for a situation like yours, or if they will even do it at all.

 

[WebSnyper]

I would speak with the FFL holder in South Carolina where you would like to purchase the firearm. They should be able to tell you what they require to do a legal transfer for a situation like yours, or if they will even do it at all.

Agreed. Some ffls will only take a driver's license as ID.

 

[Sigblitz]

I would speak with the FFL holder in South Carolina Indiana where you would like to purchase the firearm. They should be able to tell you what they require to do a legal transfer for a situation like yours, or if they will even do it at all.

Fixed it for you

 

[Mgderf]

I think it depends on your "primary" residence of record.
I believe, but IANAL, that if you spend more than 6 months in one state that that is your primary residence.
Where is your driver's license from?

 

[treylagger]

I think it depends on your "primary" residence of record.
I believe, but IANAL, that if you spend more than 6 months in one state that that is your primary residence.
Where is your driver's license from?

My DL is from SC.

A couple of years ago we owned property in IN & AZ (my DL was IN). I bought a handgun in AZ by proving we owned property there. I was hoping IN followed the same process versus waiting until we returned to SC to make a purchase.

 

[treylagger]

I would speak with the FFL holder in South Carolina where you would like to purchase the firearm. They should be able to tell you what they require to do a legal transfer for a situation like yours, or if they will even do it at all.

Thanks. As Sigblitz pointed out I’m wanting to buy in IN while living here at our residence. You make a good point though - I’ll go to an IN FFL and ask them.

 

[KellyinAvon]

My DL is from SC.

A couple of years ago we owned property in IN & AZ (my DL was IN). I bought a handgun in AZ by proving we owned property there. I was hoping IN followed the same process versus waiting until we returned to SC to make a purchase.

I think the "what establishes residency?" question is important, along with noting the first F in FFL is for federal.

Just curious, how long ago was the AZ purchase? The question, "Do you have a valid Indiana drivers license with your current address?" is one I hear when in earshot of a firearm transaction taking place.

 

[treylagger]

I think the "what establishes residency?" question is important, along with noting the first F in FFL is for federal.

Just curious, how long ago was the AZ purchase? The question, "Do you have a valid Indiana drivers license with your current address?" is one I hear when in earshot of a firearm transaction taking place.

It was 4/24/21. Had to show my IN DL then proof of owning a residence in AZ. Very easy and quick.

 

[2tonic]

It was 4/24/21. Had to show my IN DL then proof of owning a residence in AZ. Very easy and quick.

This was for a handgun?

 

[treylagger]

This was for a handgun?

Yes.

 

[2tonic]

Yes.

Wow! That is really surprising.
You can buy a long gun in any state and pick it up/take it with, but most states require you to be a resident of that state, in order to purchase a handgun.
As far as I know, you have to be an Indiana resident/DL holder to purchase a handgun. The ATF rule you quoted seems to say that if you have dual residency you can purchase in whichever state you are residing in at the time of purchase.
Best of luck to you.

 

[nagantoid]

Wow! That is really surprising.
You can buy a long gun in any state and pick it up/take it with, but most states require you to be a resident of that state, in order to purchase a handgun.
As far as I know, you have to be an Indiana resident/DL holder to purchase a handgun. The ATF rule you quoted seems to say that if you have dual residency you can purchase in whichever state you are residing in at the time of purchase.
Best of luck to you.

Things get extra complex when you're dealing with two states, one of which has Brady equivalence for CCW and the other does not; if you purchase in the state with equivalence, and show an in-state ID, nobody will care where your house is.

FWIW the controlling factor for what is _legal_ (vs what the guy typing your 4473 into the computer thinks), I have always been told, and it seems very sensible, that your DL - of which you aren't allowed to own multiples - defines your _citizenship of a State_ - and hence the legal envelope in which you can buy a firearm through an FFL without getting it shipped to your "state of record".

 

[WebSnyper]

Things get extra complex when you're dealing with two states, one of which has Brady equivalence for CCW and the other does not; if you purchase in the state with equivalence, and show an in-state ID, nobody will care where your house is.

FWIW the controlling factor for what is _legal_ (vs what the guy typing your 4473 into the computer thinks), I have always been told, and it seems very sensible, that your DL - of which you aren't allowed to own multiples - defines your _citizenship of a State_ - and hence the legal envelope in which you can buy a firearm through an FFL without getting it shipped to your "state of record".

This would seem to say otherwise, though I do know of some ffls that only accept a DL. Not sure if you can hold a state ID in multiple states if you actually reside in multiple states, and if an FFL would take it:

May a person who resides in one state and owns property in another state purchase a firearm in either state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the...

www.atf.gov

May a person who resides in one state and owns property in another state purchase a firearm in either state?

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.

 

[nagantoid]

This would seem to say otherwise, though I do know of some ffls that only accept a DL. Not sure if you can hold a state ID in multiple states if you actually reside in multiple states, and if an FFL would take it:

May a person who resides in one state and owns property in another state purchase a firearm in either state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the...

www.atf.gov

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Every time I have re-resided across state lines, in order to get my new ID I have had to either surrender my old ID or have it defaced (corner cut off, cut in half, whatever). DMV/BMV has been explicit with me that I cannot hold two valid state IDs. My understanding is that you can only be a citizen of a single state at one time, and the DL/state ID that you hold is the proof of that citizenship.