I'm from Iowa, can I buy a handgun in Ohio?

R

RockstarWizkidd

Inactive
I'm 25 and have no criminal record of any kind. I've lived in Cleveland for 6 years (college), but my driver's license is still issued by Iowa. That may also still be my "permanent address." I'm not sure how that works.

Can I buy a handgun in Ohio?
 
By federal law, a handgun purchase (i.e. actual transfer) has to take place in the purchaser's state of residence.
 
Doyle's right, but I'd like to clarify: You cannot have the pistol transferred outside of your state of residence, but you could have the pistol shipped to an FFL in your state, and do the transfer there.

ETA: And welcome to TFL!
 
So then my options are to buy it when I got back for Christmas, which would require a permit to purchase. Or bite the bullet (:rolleyes:) and change my permanent address. How would I do either of those things?
 
Actually, just realized I suppose: This gun is actually for my girlfriend, and I'm going to have to buy it online and have it shipped to an FFL. Couldn't I just give her the money and have her buy it? That way it will also actually be registered to her.
 
RockstarWizkidd said:
Actually, just realized I suppose: This gun is actually for my girlfriend, and I'm going to have to buy it online and have it shipped to an FFL. Couldn't I just give her the money and have her buy it? That way it will also actually be registered to her.
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I'm afraid that I don't know much about Ohio gun laws, but a quick Google search indicates that Ohio doesn't have gun registration.

RockstarWizkidd said:
So then my options are to buy it when I got back for Christmas, which would require a permit to purchase. Or bite the bullet () and change my permanent address. How would I do either of those things?
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Nor do I see any pistol purchase permit requirement. As noted above, though, I don't know a lot about Ohio law, so I do stand to be corrected by anybody who knows better than I.

As for the address, start by contacting whatever state agency issues your DL.
 
Couldn't I just give her the money and have her buy it? That way it will also actually be registered to her.
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First off, neither of those states actually registers firearms.

You can give her the money itself as a gift. However, if you're giving her the money to buy a firearm, be sure there's no implication that she's buying it on your behalf.

If maintain a residence in Ohio, you should be able to get a state-issue ID with your current address. With that, you can purchase a handgun.
 
Tom Servo said:
You can give her the money itself as a gift. However, if you're giving her the money to buy a firearm, be sure there's no implication that she's buying it on your behalf.
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And if you have any questions about what Tom is saying here, the magic phrase is "straw purchase," and it's a big no-no.
 
A related issue is that, if you are going to suddenly (after six years) declare that Ohio is your state of residence (which is what you would be doing by obtaining an Ohio ID card), the laws of Ohio probably include a requirement that you convert your driver's license to Ohio within ___ days of establishing residency in Ohio. Most states of which I have knowledge (which is considerably fewer than 50) seem to use 90 days as the window for obtaining a new driver's license.
 
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You might want to look into Ohio law closer. In some states if you are attending college you are considered a resident for many things, even if your permanent residency is in another state. I do not know if it would apply for firearms purchases but it would not hurt to check.
 
Nor do I see any pistol purchase permit requirement
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Unless it has changed recently, you need a CCW or permit to acquire in Iowa. It used to take three days to get the permit to acquire from your local sheriff and it was good for one year.
 
To purchase a handgun in Iowa you must have either an annual permit to acquire a handgun or a five-year Iowa Permit to Carry Weapons. While often referred to as a CCW, an Iowa Permit to Carry Weapons allows both concealed and open carry. There are exceptions to the requirement to have a permit to purchase a handgun, e.g., antiques.
 
lefteye said:
To purchase a handgun in Iowa you must have either an annual permit to acquire a handgun or a five-year Iowa Permit to Carry Weapons. While often referred to as a CCW, an Iowa Permit to Carry Weapons allows both concealed and open carry. There are exceptions to the requirement to have a permit to purchase a handgun, e.g., antiques.
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The question was whether or not he can purchase a handgun in Ohio.
 
Yes, that was the OP question. Comments about Iowa law followed. I sought to explain the relevant Iowa law as briefly and accurately as possible.

PS: I was an attorney in the Iowa Department of Justice, also known as the Office of the Attorney General, for 36 years.
 
lefteye said:
...Comments about Iowa law followed. I sought to explain the relevant Iowa law as briefly and accurately as possible.

PS: I was an attorney in the Iowa Department of Justice, also known as the Office of the Attorney General, for 36 years.
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Then you ought to know that the answer to the OP's question largely depends on two federal law issues: (1) federal law regarding the transfer of a firearm to a resident of another State; and (2) federal law regarding one's State of residence for the purposes of a transfer of a firearm.

With regard to the first issue, here's the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

  • Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).

  • In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

  • In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

  • There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  • The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

  • Here's what the statutes say:
    18 U.S.C. 922. Unlawful acts

    (a) It shall be unlawful—
    ...

    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph

    (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

    (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and

    (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

    ...

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

    (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ....

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
    ...

    (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph

    (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

    (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ...
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With regard to the second issue, for the purposes of the Gun Control Act of 1964, the definition of "State of Residence" is set out at 27 CFR 478.11 as follows:
State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1.

A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.

A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3.

A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4.

A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.​
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So the OP's question must be considered in two parts:

  1. If the OP is a resident of Iowa for the purposed of GCA64, he may not take delivery of a handgun in Ohio. If he wishes to buy a handgun in Ohio, the OP would need to arrange for the seller to ship the handgun to a cooperating FFL in Iowa to do the transfer in Iowa. Of course he would then need to be able to comply with Iowa law regarding purchase of a handgun by an Iowa resident.

  2. If under his particular circumstances the OP would be considered a resident of Ohio for the purposes of GCA64, he could of course buy and have transferred to him a handgun in Ohio. In that case, the OP would also need to comply with Ohio law regarding the purchase of a handgun. One possible issue, since apparently the OP still has an Iowa driver's license, will be satisfactorily demonstrating that he is actually an Ohio resident.
 
Frank, my comments addressed Iowa law exclusively. I was referring to Iowa law governing the purchase of a handgun from a dealer or private party. I did not refer to or express any opinion about federal law. I did not claim any expertise about federal firearms law. I was NEVER involved in either a state or federal case involving any state or federal firearms law during my career in the Iowa DOJ. I apologize if I implied that I was an expert on federal firearms law. My posts in this thread were based on my experience obtaining an Iowa Permit to Carry Weapons, and my years of experience reading, arguing, writing about and attempting to enforce Iowa laws totally unrelated to firearms. Finally, I truly appreciate your experience, expertise, and communications skills concerning multiple firearms subjects including, of course, issues of law.
 
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More fuel for the fire

Just to add a little more fuel to the fire, ATF Ruling 80-21 directly addresses the issue of college students who are outside their state of residency for schooling. It specifically says that students who reside in a state other than their state of residency can purchase firearms while they are living in the second state in the course of their studies, and can purchase firearms in their home state when they are there while not studying. If effectively confers dual residency status to college students who are studying at an out of state school.
 
lefteye said:
Frank, my comments addressed Iowa law exclusively. I did not refer to or express any opinion about federal law. I did not claim any expertise about federal firearms law. I was NEVER involved in either a state or federal case involving any state or federal firearms law during my career in the Iowa DOJ. I apologize if I implied that I was an expert on federal firearms law. My posts in this thread were based on my experience obtaining an Iowa Permit to Carry Weapons, and my years of experience reading, arguing, writing about and attempting to enforce Iowa laws totally unrelated to firearms....
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That's all well and good, and I will certainly welcome your expertise regarding Iowa firearms law when it is germane to the issue before us.

But with regard to the question posed by the OP, federal law is more material, and Ohio law might well also be material. Since it appears likely that for the purposes of GCA68 the OP might well be a resident of Ohio, it doesn't appear the Iowa law has much to do with his situation.

We try to keep threads focused on the OP's issue. It tends to confuse things when extraneous matters are brought up.
 
So then my options are to buy it when I got back for Christmas, which would require a permit to purchase. Or bite the bullet () and change my permanent address. How would I do either of those things?
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This is what I believe caused a couple of us to think Iowa law was also a part of the question.
 
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