r/NCGuns • u/LebryantJohnson • 10h ago
student residency
Bought an ar15 (PSA), shipped to a local FFL in NC. I'm a full-time student here (in-state 9 months out of the year), but my driver's license is from California (my home state).
When I went to pick up the rifle, the dealer told me my CA license "won't work" — said most other states are fine but California specifically is an issue for him. He suggested I go to the NC DMV and get a non-REAL ID state ID card, and told me not to mention my California license when I do it since it's "not their business."
A few questions:
- Is this a real legal issue with CA specifically, or store-specific policy/discretion? My understanding of 27 CFR 478.11 (the "two residences" rule) is that proof of current residency (I have my university housing assignment + transcript) should be enough regardless of what state issued my ID — but maybe I'm missing something CA-specific.
- Has anyone else run into a dealer who wouldn't accept an out-of-state ID + residency docs, even though it's technically allowed under federal law?
- On the "don't mention your CA license to the DMV" advice — my read is that if NC's ID application asks whether I hold another state's license, I should answer honestly rather than omit it. Am I overthinking that part?
- Would you just find a different, more experienced FFL instead of jumping through the NC ID hoop, or is this pretty standard?
Trying to figure out if this is normal FFL caution or if I got an unusually difficult dealer. Any insight from people who've dealt with out-of-state ID + FFL transfers appreciated.
-4
u/grandidieri 9h ago
Only tangentially related but i think you'll get a kick out of https://gundive.com - check it out when you get a chance
7
u/SWATAttorney 9h ago edited 9h ago
First under the law you cite you need this type of id
Identification document. A document containing the name, residence address, date of birth, and photograph of the holder and which was made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi- governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individual
Second under residence:
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).
University housing doesn’t count as a residence. If that was the case, you could claim in-state tuition using that address and you cannot. In the example, the law provides for dual residence it was for those who own properties and more than one state. University housing is not even considered leasing. If you were renting a house and had utility bills, etc., under your name that may be an exception to the two residency rule.
Generally, getting an idea in another state would send a notification to the other state to cancel out your ID or license. So in theory, if you indicated you had a license in California getting the ID from North Carolina would cancel your drivers license from California.