ohio gun sale from resident with kentucky id?

[jimbombo]

Hello all.
Considering purchase of a handgun from a current ohio resident but does not have ohio id, he still has kentucky id, guessing just moved recently. Is it legal for me to purchase firearm from this person or does he have to have ohio id? Can we do the sale at a FFL??

If I am missing any info here let me know...thx

 

[rromeo]

You can do the transfer at an FFL, for sure. Does he have anything that would establish that he lives in Ohio? Utility bill, lease, etc.

 

[brickeyee]

He needs to be a resident of Ohio for YOU to accept the gun from him.

The FFL can accept the gun no matter what.

 

[NavyLCDR]

For the purposes of firearms transactions, a driver's license does not establish residency. According to Federal regulations, a person is a resident of a state when they are present in that state with the intention of making a home there. If you know the buyer is present in Ohio with the intention of making a home in Ohio, then you can buy his gun directly from him without going through an FFL.

For example, you know his address, you know that he pays rent there to live there, and you know that he has a job in Ohio, or goes to college in Ohio, or is a member of the military stationed in Ohio. Those factors indicate that he is in Ohio with the intention of making a home there, and that is all you need. His Kentucky driver's license does not matter, if the other facts are established.

 

[Frank Ettin]

I'd play it safe and get the transfer done by an FFL.

Navy is correct about a driver's license not conclusively determining residence, but the actual test for residence, as Navy outlined, can be a bit complicated. And you don't have to know as a matter of absolute fact that the guy is not an Ohio resident. You just need reasonable grounds to believe that he is not. A court could conclude that an out-of-state DL might just be that.

So now the question becomes whether a court would conclude that you have enough credible evidence to believe that the seller really is an Ohio resident (i. e., is, as Navy said, present in Ohio with the intention of making it his home), notwithstanding his driver's license.

I can't be sure what it would take, but remember that you're betting up to five years in a federal prison and/or a fine (as well as a lifetime loss of gun rights). With that kind of downside, remote though it might be, I can't imagine a deal good enough for me to be willing to roll the dice on an out-of-state driver's license.

 

[jimbombo]

Thanks guys,, frank I agree its just not worth it! FFl or no deal.. thanks again!