Module 3 - Laws and Legal Liability

What constitutes residency in a State? For Gun Control Act (GCA) purposes, a person is a resident of a State in which he or she is present with the intention of making a home in that State. The State of residence for a corporation or other business entity is the State where it maintains a place of business. A member of the Armed Forces on active duty is a resident of the State in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. [18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11] Last Reviewed September 16, 2015 May an unlicensed person acquire a firearm under the GCA in any State? Generally, a person may only acquire a firearm within the person’s own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s State of residence and the licensee’s State of business. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes. [18 U.S.C 922(a)(3); 27 CFR 478.29] Last Reviewed August 31, 2015 May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same State? An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides int he same State, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under Federal law. A Federal firearms licensee may not, however, sell or deliver a firearm other than a shot gun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age. There may be State or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information on any such requirements. [18 U.S.C. 922(b)(1)] Last Reviewed August 31, 2015