primalmu
Member
I'm looking for a dealers perspective (and, honestly, a lawyer's if any here wish to give it) pertaining to ATF Ruling 80-21.
Background: I am a WV resident living in MS while I attend veterinary school. I have been here for nearly 3 years now, and have 1 year left to go. In my time here I've sold two rifles, both of which I have insisted on transferring through an FFL since I am not a MS resident.
This morning I discovered ATF Ruling 80-21, which pertains to my exact circumstance (i.e. the residency status of out-of-state college students).
It states:
http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-80-21.pdf
It seems to me that, based on this ruling, it is perfectly legal for me to privately sell any firearm to a MS resident without having to go through an FFL. Furthermore, it also seems as though this ruling would permit me to purchase handguns in MS even though my official, out-of-school residency is WV.
Question for FFL: Given this ruling, would you feel comfortable (with or without a call to the ATF to verify) selling a handgun to me? Obviously I know you can't speak for other dealers.
Background: I am a WV resident living in MS while I attend veterinary school. I have been here for nearly 3 years now, and have 1 year left to go. In my time here I've sold two rifles, both of which I have insisted on transferring through an FFL since I am not a MS resident.
This morning I discovered ATF Ruling 80-21, which pertains to my exact circumstance (i.e. the residency status of out-of-state college students).
It states:
27 C.F.R. 178.11: MEANING OF TERMS
An out-of-State college student may establish residence in a State by residing and maintaining a home in a college dormitory or in a location off-campus during the school term.
ATF Rul. 80-21
[Status of ruling: Active]
The Bureau has been asked to determine the State of residence of out-of-State college students for purposes of the Gun Control Act of 1968. “State of residence” is defined by regulation in 27 C.F.R. 178.11 as the State in which an individual regularly resides or maintains a home. The regulation also provides an example of an individual who maintains a home in State X and a home in State Y. The individual regularly resides in State X except for the summer months and in State Y for the summer months of the year. The regulation states that during the time the individual actually resides in State X he is a resident of State X, and during the time he actually resides in State Y he is a resident of State Y.
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. During the time outof-State college students actually reside in their home State they are considered residents of their home State.
http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-80-21.pdf
It seems to me that, based on this ruling, it is perfectly legal for me to privately sell any firearm to a MS resident without having to go through an FFL. Furthermore, it also seems as though this ruling would permit me to purchase handguns in MS even though my official, out-of-school residency is WV.
Question for FFL: Given this ruling, would you feel comfortable (with or without a call to the ATF to verify) selling a handgun to me? Obviously I know you can't speak for other dealers.