tricky gun buying question

[ADT knights]

I have a classmate who is from Illinois but has lived in Indiana for 2 years year round and was asking me if he would be able to make a gun purchase here in Indiana and being able to leave the store with it. Seemed like a good question since he is a resident but he still has an Illinois drivers license.
Would he be able to buy and leave the store with the gun or would he have to go through an ffl in Illinois?

 

[Indy_Guy_77]

Probably not going to happen since no IN DL.

-J-

 

[thompal]

I have a classmate who is from Illinois but has lived in Indiana for 2 years year round and was asking me if he would be able to make a gun purchase here in Indiana and being able to leave the store with it. Seemed like a good question since he is a resident but he still has an Illinois drivers license.
Would he be able to buy and leave the store with the gun or would he have to go through an ffl in Illinois?

If he's been an IN resident for two years but still has an ILL driver's license, I think he's out of luck, AND he's breaking the law. I'm pretty sure your driver's license has to be from the state of your residence, which is determined by where you live for more than 6 months, unless he's active duty military.

Until he gives up his Illinois loyalties, he's stuck with Illinois restrictions.

 

[Hornett]

So is he planning on going back to Illinois or staying in Indiana indefinitely? When does his license expire?

 

[ADT knights]

If he's been an IN resident for two years but still has an ILL driver's license, I think he's out of luck, AND he's breaking the law. quote]

He is a student that rents property. He is also a dependent since he's a student and his parents still live in Illinois. I don't know if that makes a difference or not.

Could a proof of residence help his case at a gun store at all? Like his name on mail or a bill to an Indiana address?

 

[rockhopper46038]

I'm guessing no. On the bright side, the vehicle registration fees he's been squirreling away, albeit illegally, will come in handy to pay the FFL transfer fee...

 

[MrSmitty]

Tell him to leave the dark side and join us....we have cookies!...and guns......and of course BACON

 

[wetidlerjr]

I'm NOT a lawyer but I would say he is a resident of Illinois. I doubt if being a student renting property in Indiana will have any standing in buying a gun here.
Also, if his legal residence is Illinois, he would not be doing anything illegal concerning Indiana auto registration.
If he was registered to vote here with an Indiana drivers licence then he would be an Indiana resident. YMMV and, again, I am NOT a lawyer.

Indiana BMV says: IN BMV RESIDENCY REQUIREMENTS

See also: COLLEGE BOARD IN

Also: Residency Requirements for Voting

 

[rockhopper46038]

I'm NOT a lawyer but I would say he is a resident of Illinois. I doubt if being a student renting property in Indiana will have any standing in buying a gun here.
Also, if his legal residence is Illinois, he would not be doing anything illegal concerning Indiana auto registration.
If he was registered to vote here with an Indiana drivers licence then he would be an Indiana resident. YMMV and, again, I am NOT a lawyer.

Yep, I agree. It was asserted that said young man was a resident of Indiana. Subsequent information appears to indicate that, in the legal sense, he is not.

 

[JetGirl]

You have to present a current driver's license with the correct address on it when filling out the 4473. An out of state license with an invalid residence = no go.

 

[Wwwildthing]

I've lived all over the country, and the general consensus is that the state that issued your drivers license, is considered to be your state of residence.

 

[gunsrfun]

What about buying the gun in Illinois and then returning to Indiana?

 

[rockhopper46038]

They sell guns in Illinois??I thought they just confiscated them...

 

[revance]

Your DL has nothing to do with your legal residence. What makes you a resident of a state is simply where you reside. If you have resided for X many months (dependent on state) you are considered a resident. If he has held property here for long enough and actually lived there, he can claim residence. Whether or not a state will issue you a DL is dependent on residence, not the other way around. If he is eligible for an IN DL, that means he is a resident.

I also don't believe IN has any laws regarding getting an IN license. I believe your out-of-state license is perfectly valid until it expires, then you would be required to get an IN one. I'm not 100% sure on this one, so it would be a good idea to look it up.

As for legality of purchasing a firearm, I would be willing to bet that he would be 100% legal purchasing a handgun here in Indiana as long as he puts his current address on the form. Finding an FFL that will do it is another matter entirely. I know it is perfectly legal because I had to check into it when I moved and hadn't updated the address on my license yet. The rule is that you must put your current address on the form NOT the one on your DL.

Regardless of whether it is legal or not, many FFLs won't sell even if your IN address doesn't match your current address (yes you could put the address on your DL down to appease them, but then you might get caught by the BATFE). I'm pretty sure NONE of them are going to sell when your DL is from IL.

 

[revance]

Another way to look at it...

Is your friend eligible to renew his IL DL?

No?

Thats because he is no longer a resident of IL, he is a resident of IN.

 

[revance]

Another way to look at it...

Is your friend eligible to renew his IL DL?

No?

Thats because he is no longer a resident of IL, he is a resident of IN.

 

[redpitbull44]

Um, guys, I have been able to buy guns with just my electric bill for address verification, and drivers license as photo ID. If he's paying bills here, and can show that to a gun store, they should be able to sell to him out the door.

 

[Wwwildthing]

Your DL has nothing to do with your legal residence. What makes you a resident of a state is simply where you reside. If you have resided for X many months (dependent on state) you are considered a resident. If he has held property here for long enough and actually lived there, he can claim residence. Whether or not a state will issue you a DL is dependent on residence, not the other way around. If he is eligible for an IN DL, that means he is a resident.

I also don't believe IN has any laws regarding getting an IN license. I believe your out-of-state license is perfectly valid until it expires, then you would be required to get an IN one. I'm not 100% sure on this one, so it would be a good idea to look it up.

As for legality of purchasing a firearm, I would be willing to bet that he would be 100% legal purchasing a handgun here in Indiana as long as he puts his current address on the form. Finding an FFL that will do it is another matter entirely. I know it is perfectly legal because I had to check into it when I moved and hadn't updated the address on my license yet. The rule is that you must put your current address on the form NOT the one on your DL.

Regardless of whether it is legal or not, many FFLs won't sell even if your IN address doesn't match your current address (yes you could put the address on your DL down to appease them, but then you might get caught by the BATFE). I'm pretty sure NONE of them are going to sell when your DL is from IL.

As I said before... "the general consensus (to clarify - among FFL dealers) is that the state that issued your drivers license, is considered to be your state of residence".

I'll back that up - I hold a Arizona DL and CWP... if I try to buy a firearm in Indiana, the dealer will have to ship it to Arizona for me to take delivery. But... if I buy a firearm in Arizona and have the FFL ship it to another FFL in Indiana, I can take delivery here.

By the time it's said and done, I loose any cash discount (paying by CC) and also pay shipping and FFL fees (to both dealers)... generally adding $75-100 to the cost... and I'd still have to pass the NICS in Indiana (Arizona doesn't require one if you have a valid CWP).

 

[revance]

As I said before... "the general consensus (to clarify - among FFL dealers) is that the state that issued your drivers license, is considered to be your state of residence".

"general consensus" does not equal fact or law

I'll back that up - I hold a Arizona DL and CWP... if I try to buy a firearm in Indiana, the dealer will have to ship it to Arizona for me to take delivery. But... if I buy a firearm in Arizona and have the FFL ship it to another FFL in Indiana, I can take delivery here.

That is flat out wrong. It doesn't matter where it is purchased from, the only thing that matters is where you take possession. The transfer is only done in the location you take possession of the gun and that is the only place you get charged a transfer fee. That transfer must be done in the state you reside in (NOT necessarily the state that issued your DL).

If you are an IN resident (regardless of having an AZ DL) and you have an IN store ship back to AZ and you take possession there, you are violating federal law. If you are an AZ resident and have an AZ store ship to an IN FFL and you take possession there, you are violating federal law. Everything about your scenario is illegal.

The only thing the BATFE cares about is where you actually reside, they could care less about who issued your DL. If you can prove residency (like providing a utility bill as mentioned above) you can buy the gun.

If you don't believe me, call the BATFE and ask them, they will tell you the same thing. It is what they told me.

 

[gunman41mag]

If your friend wants to buy a gun, He'll need to buy it from a private citizen that willing to sell it to him, without a IN DL