Hello all,
I have a question I was hoping to get some help with, I've searched through the forum and didn't see it answered previously.
I am an out-of-state grad student from Florida and am interested in purchasing a hand gun, however am not sure of the legal issues associated with this. I know the easy answer would be to get a gun from FL but they have a 3 day wait, and as I only fly back maybe once a year for very short periods of time during holidays I run into some logistical issues so, if possible, I would rather buy locally.
The ATF rulings (shown below) are clear that I am allowed to purchase a gun using my FL drivers license and a government issued document with my Indiana address on it, such as vehicle registration. However I am unsure what the state law says as it isn't worded as clearly:
ATF Rul. 2001-5 (supersedes ATF Rul. 79-7):
"It is ATF's position
that a combination of documents may be used to satisfy the Brady Act's requirement
for an identification document. The prospective transferee must present at least
one valid document that meets the statutory definition of an identification
document; i.e., it must bear the transferee's name and photograph, it must have
been issued by a governmental entity, and it must be of a type intended or commonly
accepted for identification purposes. ATF recognizes, however, that some valid
government-issued identification documents do not include the bearer's current
residence address. Such an identification document may be supplemented with
another valid government-issued document that contains the necessary information.
Thus, for example,
a licensee may accept a valid driver's license that accurately reflects the purchaser's
name, date of birth, and photograph, along with a vehicle registration issued
by the State indicating the transferee's current address."
ATF Rul. 80-21:
"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."
Indiana state law:
IC 35-47-2.5-5:
"Documentation of personal identification and residence
Sec. 5. (a) To establish personal identification and residence in
Indiana for purposes of this chapter, a dealer must require a
prospective purchaser to present one (1) photographic identification
form issued by a governmental agency of the state or by the United
States Department of Defense, or other documentation of residence.
(b) Except when photographic identification was issued by the
United States Department of Defense, other documentation of
residence must show an address identical to that shown on the
photographic identification form or as amended by proper notice of
change of address filed with the issuing authority. Suitable other
documentation of residence includes:
(1) evidence of currently paid personal property tax or real
estate tax, a current lease, utility, or telephone bill, a voter
registration card, a bank check, a passport, an automobile
registration, or a hunting or fishing license;
(2) other current identification allowed as evidence of residency
by 27 CFR 178.124 and United States Alcohol, Tobacco, and
Firearms Ruling 79-7; or
(3) other documentation of residence, determined to be
acceptable by the state police department, that corroborates that
the prospective purchaser currently resides in Indiana.
(c) If the photographic identification was issued by the United
States Department of Defense, permanent orders may be used as
documentation of residence."
I'd greatly appreciate any information or input you guys might have relating to my ability to purchase a gun, thanks in advance.
I have a question I was hoping to get some help with, I've searched through the forum and didn't see it answered previously.
I am an out-of-state grad student from Florida and am interested in purchasing a hand gun, however am not sure of the legal issues associated with this. I know the easy answer would be to get a gun from FL but they have a 3 day wait, and as I only fly back maybe once a year for very short periods of time during holidays I run into some logistical issues so, if possible, I would rather buy locally.
The ATF rulings (shown below) are clear that I am allowed to purchase a gun using my FL drivers license and a government issued document with my Indiana address on it, such as vehicle registration. However I am unsure what the state law says as it isn't worded as clearly:
ATF Rul. 2001-5 (supersedes ATF Rul. 79-7):
"It is ATF's position
that a combination of documents may be used to satisfy the Brady Act's requirement
for an identification document. The prospective transferee must present at least
one valid document that meets the statutory definition of an identification
document; i.e., it must bear the transferee's name and photograph, it must have
been issued by a governmental entity, and it must be of a type intended or commonly
accepted for identification purposes. ATF recognizes, however, that some valid
government-issued identification documents do not include the bearer's current
residence address. Such an identification document may be supplemented with
another valid government-issued document that contains the necessary information.
Thus, for example,
a licensee may accept a valid driver's license that accurately reflects the purchaser's
name, date of birth, and photograph, along with a vehicle registration issued
by the State indicating the transferee's current address."
ATF Rul. 80-21:
"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."
Indiana state law:
IC 35-47-2.5-5:
"Documentation of personal identification and residence
Sec. 5. (a) To establish personal identification and residence in
Indiana for purposes of this chapter, a dealer must require a
prospective purchaser to present one (1) photographic identification
form issued by a governmental agency of the state or by the United
States Department of Defense, or other documentation of residence.
(b) Except when photographic identification was issued by the
United States Department of Defense, other documentation of
residence must show an address identical to that shown on the
photographic identification form or as amended by proper notice of
change of address filed with the issuing authority. Suitable other
documentation of residence includes:
(1) evidence of currently paid personal property tax or real
estate tax, a current lease, utility, or telephone bill, a voter
registration card, a bank check, a passport, an automobile
registration, or a hunting or fishing license;
(2) other current identification allowed as evidence of residency
by 27 CFR 178.124 and United States Alcohol, Tobacco, and
Firearms Ruling 79-7; or
(3) other documentation of residence, determined to be
acceptable by the state police department, that corroborates that
the prospective purchaser currently resides in Indiana.
(c) If the photographic identification was issued by the United
States Department of Defense, permanent orders may be used as
documentation of residence."
I'd greatly appreciate any information or input you guys might have relating to my ability to purchase a gun, thanks in advance.
