Requisition of Guns in Private Sale between an IN Resident and Out-of-State Resident

[Tru3Flight91]

Well, the title of the thread pretty much sums it up.

My question is simply if someone living in Indiana but not registered as a citizen of the state and under the age of 21 can still legally purchase a firearm in a private sale from an Indiana Resident? Would this depend upon the laws of the state I am a citizen of?

Let me explain my situation: I was born in Maryland, I live in New York, I am registered to vote in Florida and I plan to attend Ball State University in Indiana.

Thank y'all again for any help. This forum is awesome. Rock on!

 

[HandK]

Sounds like a gun runner to me!!! J/K If I understand it right you can buy a long gun in IN but you have to have it go through a FFL, for a hand gun you would have to have it transfered to a FFL in your home state from an FFL in IN.

 

[samot]

Sounds like a gun runner to me!!! J/K If I understand it right you can buy a long gun in IN but you have to have it go through a FFL, for a hand gun you would have to have it transfered to a FFL in your home state from an FFL in IN.

Uhmm ? didnt u just say the same thing twice ???? Both have to go thru an FFL

 

[samot]

Out of state sell has to go thru FFl, rifle or pistol

 

[Tru3Flight91]

Sounds like a gun runner to me!!! J/K If I understand it right you can buy a long gun in IN but you have to have it go through a FFL, for a hand gun you would have to have it transfered to a FFL in your home state from an FFL in IN.

Well, you sorta understand, but not entirely. I intend to keep the gun IN Indiana while attending BSU.However it seems the only way I could acquire a firearm would be through an FFL which by law is illegal until I am 21.

The thought of going without a Firearm for 2 years is a little intimidating in my mind. It has been my goal for a while to get a license and carry a handgun for personal protection, this just sorta throws a wrench in the works if you catch my drift.

 

[jsquared1702]

Well, you sorta understand, but not entirely. I intend to keep the gun IN Indiana while attending BSU.However it seems the only way I could acquire a firearm would be through an FFL which by law is illegal until I am 21.

The thought of going without a Firearm for 2 years is a little intimidating in my mind. It has been my goal for a while to get a license and carry a handgun for personal protection, this just sorta throws a wrench in the works if you catch my drift.

You can get the rifle if you transfer through an FFL here. As for a handgun sorry your going to have to wait until you are 21.

 

[MrsGungho]

long guns can only be sold to residents of neighboring states. New York, Florida and tim buk too are not neighboring states. When selling long guns to neighboring state residents we also must abide by that states laws regarding long guns. Such as IL has a 24 hour hold, I must follow that hold.

You must live in Indiana for 3 mths to be considered a resident. This can be proven with bills in your name to an address in IN, lease, etc.

 

[Tru3Flight91]

long guns can only be sold to residents of neighboring states. New York, Florida and tim buk too are not neighboring states. When selling long guns to neighboring state residents we also must abide by that states laws regarding long guns. Such as IL has a 24 hour hold, I must follow that hold.

You must live in Indiana for 3 mths to be considered a resident. This can be proven with bills in your name to an address in IN, lease, etc.

MrsGungho:

Than you for the informative reply, thanks to everyone else above as well. You say you must have lived in Indiana for 3 months and be able to provide proof of such to be considered a resident?

So if I have lived in in Indiana for 3 months, and have substantial proof of having done so I can go to the state and apply for residency even if I am living in Indiana for the primary purpose of attending a university?

I only ask because of this:
https://www.bsu.edu/bursar/article/0,2060,112146-8998-20461,00.html

And this:
https://myweb.in.gov/BMV/mybmvportal/LicensesAndIDCards/IndianaResidencyRequirements.aspx

Now I realize the above apply primarily to waiving of out-of-state tuition fees and applications for drivers licenses, permits, and identification cards. But what you are suggesting, and I am praying you are correct, is that if I have lived in Indiana, even if only for the purpose of attending school in Indiana, for more than three months and can prove that I have, than I can be considered a resident of Indiana even if not being registered to vote in the state or having any permanent residence in the state. Which in turn means that if I am considered a resident legally, after three months are up, I can legally participate in a private sale in Indiana between myself and another Indiana resident.

Am I interpreting your post correctly?

 

[Scutter01]

You must live in Indiana for 3 mths to be considered a resident. This can be proven with bills in your name to an address in IN, lease, etc.

I don't think there's a minimum time for residency. At least, I haven't found any statute that says that. There have been people on INGO who have applied the minute they established an address here and could prove it with a utility bill or driver's license.

As a student, you might not be considered a "resident" of Indiana.

 

[MrsGungho]

I don't think there's a minimum time for residency. At least, I haven't found any statute that says that. There have been people on INGO who have applied the minute they established an address here and could prove it with a utility bill or driver's license.

As a student, you might not be considered a "resident" of Indiana.

For non Indiana Licensed drivers who wish to purchase firearms from an FFL, residency must be established. We establish this by the 3 mths of bills or a lease agreement. Or if you are military your orders stating your transfer here.
It is not asked that we establish that permanent residence is being sought, just that you have been here 3 mths.
As a student, he is not a "resident" according to what I have read. However I am not a lawyer and I didn't stay at a Holiday Inn Express last night so I can only say what I interpret the links to mean.
Tru3Flight91, Is there anyway that you can buy what you need where you have residency and transport here?

 

[Tru3Flight91]

For non Indiana Licensed drivers who wish to purchase firearms from an FFL, residency must be established. We establish this by the 3 mths of bills or a lease agreement. Or if you are military your orders stating your transfer here.
It is not asked that we establish that permanent residence is being sought, just that you have been here 3 mths.
As a student, he is not a "resident" according to what I have read. However I am not a lawyer and I didn't stay at a Holiday Inn Express last night so I can only say what I interpret the links to mean.
Tru3Flight91, Is there anyway that you can buy what you need where you have residency and transport here?

Not a chance. I live in New York where requisition of a handgun from anyone is practically punishable by death :P Sad but true... one reason I will live somewhere with less restrictive licensing when I do decide to settle down.

Democrats...

Thank you for your help. Looks like I'll be waiting until I'm 21 to buy a handgun. Disappointing ain't it?

I mean, I could always have one of my parents buy one for me. However there'd be alot of that 'why do you need one?' stuff from them. I'm not being rebellious and I would never buy a gun just because I would think it was cool, that's immature and stupid. I just like the idea of having the right to and owning a gun for private/personal protection and use. that's me and who i am.

 

[Tru3Flight91]

Now I'm going to go full circle and ask the original question again, but maybe in a little plainer English.

If I am 18, not a resident of IN, and posses a LTCH in Indiana can I or can I not buy a handgun in a private sale between myself and a current resident?

I'm only rephrasing so maybe I can get some more replies and specifically more helpful ones. Not that you guys above haven't been helpful already

 

[Scutter01]

If I am 18, not a resident of IN, and posses a LTCH in Indiana can I or can I not buy a handgun in a private sale between myself and a current resident?

If you are not a resident of Indiana, you can't posses an Indiana LTCH as IN does not have non-res licenses. Regardless, your license is irrelevant to the question of purchasing a firearm.

You can buy a handgun or a rifle in a private transaction at 18, but since you are from out of state it must be processed by an FFL who will be forced to deny it due to your age.

 

[Tru3Flight91]

Interesting piece of regulation, straight off the government website too. Not sure if a University is considered a place of business or not... still worth looking into though.

IC 35-47-2

"The superintendent may not issue a lifetime qualified license or a lifetime unlimited license to a person who is a resident of another state. The superintendent may issue a four (4) year qualified license or a four (4) year unlimited license to a person who is a resident of another state and who has a regular place of business or employment in Indiana as described in section 3(a)(3) of this chapter."

 

[451_Detonics]

I guess it depends on how fond you are of keeping NY your home of residence. If you are living off campus and have a lease you can change to an Indiana drivers license just like anyone who moves to Indiana. You are then considered a Indiana resident and a lot of the hurdles are crossed including being able to get a permit.

 

[Tru3Flight91]

I guess it depends on how fond you are of keeping NY your home of residence. If you are living off campus and have a lease you can change to an Indiana drivers license just like anyone who moves to Indiana. You are then considered a Indiana resident and a lot of the hurdles are crossed including being able to get a permit.

Actually not at all. I really don't like New York but I have to live here because it's where my father is stationed. Good news to hear though as I can move off campus starting Sophomore year. One year without protection is better than two I guess right?

Plus finding a place shouldn't be a problem either since my father transferred his GI Bill to me. Provides $1,080 Basic Allowance For Housing Each Month that can be used for rent.

Also, just a question, if I sign on to the lease of a friend in Indiana would I be considered a resident then? He has a place off campus that I wouldn't really be staying at permanently but as far as I know there's nothing against cosigning at least not legally.

Well, thanks again for the info and help guys. It's incredible what some people will go through to defend/acquire the right to carry huh? I guess my heads just in the right place...

 

[Scarnucci]

You can buy a handgun or a rifle in a private transaction at 18, but since you are from out of state it must be processed by an FFL who will be forced to deny it due to your age.

Is there anything requiring the seller in a FTF transaction to verify residency? I know that many sellers normally do check ID and or LTCH just to cover their rear ends, but I didnt think that it was REQUIRED that they do so.

 

[Scutter01]

Is there anything requiring the seller in a FTF transaction to verify residency? I know that many sellers normally do check ID and or LTCH just to cover their rear ends, but I didnt think that it was REQUIRED that they do so.

Given that a FTF transaction with a non-res is illegal (when not involving an FFL), you'd better be verifying residency. It's not a CYA issue, it's the only way to comply with the law.

 

[Scarnucci]

Given that a FTF transaction with a non-res is illegal (when not involving an FFL), you'd better be verifying residency. It's not a CYA issue, it's the only way to comply with the law.

But does the statute specify that you check ID?

There is no law that requires someone to HAVE an ID...so there is no law that I ask for one, correct? I could just ASK if they are a resident and leave it at that...I've done my part.

 

[NateIU10]

But does the statute specify that you check ID?

There is no law that requires someone to HAVE an ID...so there is no law that I ask for one, correct? I could just ASK if they are a resident and leave it at that...I've done my part.

Yes, but the other person is still committing a felony

OP, Establish IN residency to purchase in state, either from a person before 21, or from an FFL in IN after 21. Either way, you have to be an IN resident (IN DL, Lease, Etc) to buy a handgun here. If you want to keep your NY license (I was a resident of Bethesda, MD before coming to IU) you must buy the handgun in that state.