How DC residents can buy guns without registration 101

September 24, 12:46 PMDC Gun Rights ExaminerMike Stollenwerk

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Courtesy Oleg Volk

Last February I explained how, counter intuitively, the DC City Council's 2008 action to repeal the DC Police Chief's power to issue handgun carry permits made it possible for DC residents to apply by mail for handgun carry permits from Pennsylvania Sheriffs.  Such applications can be made by filling out a simple form, no fingerprints, social security numbers, or training required.  And these permits are accepted by many states too.

But while applying for gun carry permits is now easy for DC residents, DC's onerous gun registration laws makes it hard to acquire a gun.  If you don't believe me, read Christian Davenport's recent article in the Washington Post about his gun acquisition odyssey as a DC resident.

Of course in most states, there is no gun registration and picking out a gun is about as easy as buying anything else: A new gun from a dealer requires some ID and paperwork.  A used gun from a neighbor or friend, or private seller at a gun show requires nothing but cash and maybe a handshake. A gift of a gun from a friend or relative requires, uh, nothing except a "thank you."

So how can DC residents legally acquire guns without jumping through all the hoops erected by the DC City Council?  It turns out it's pretty simple - you must either maintain a second residence in another state, temporarily become a "resident" of another state, or inherit the firearm(s) by bequest or intestate succession.  But just don't bring your gun into DC unless you go through all the registration steps.

Basically the federal "residency" issue is a five fold pre-Brady Act computer background check remnant of the Gun Control Act of 1968:  First, federal gun dealers cannot transfer handguns to residents of states which are not the state where the dealer's business is situated.  Second, dealers may not transfer even long guns to residents of other state if that state or district bans such transfers (which DC is deemed to do via its complicated registration and training requirements).  Third, individuals may not transfer gun privately to residents of other states.  And fourth, even if a resident of a state goes to another state and manages to receives a handgun, she violates federal law if she then moves the gun out of that state. But fifth, guns aquired by bequest or intestate succession are completely exempt from all of these restrictions.

Read it all for yourself at 28 USC 922(a-c) and the definitions of residency at 27 CFR § 478.11 - and have a few cups of joe handy as the material is quite dense reading.  While your at it, ponder why these residency restrictions live on for dealer transactions after the Brady Act brought us national computerized background checks not dependent on localized paper records held by state authorities.

The key here is that you do not have to become a domiciliary (AKA "legal resident" or "citizen") of another state.  The ATF website clarifies at FAQ #B11 & B12 that you can claim to be a "resident" of a state for guns purposes if you are physically present and intend to make a home there.  The ATF also notes that active duty military folks can buy guns in the state where they are based (e.g., the Pentagon in Virginia or Andrews Air Force base in Maryland) even if their actual residence where they make a home and sleep at night is in another state or district (e.g., DC).

And of course "[a]n 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" says the ATF in its Federal Firearms Regulations Reference Guide 2005. 

So for entrepreneurial and mobile DC residents, many of whom already maintain a residence in another state, or easily could do so, buying a gun without jumping through a bunch of hoops is really not that hard.  What remains difficult however, at least until Congress repeals DC's onerous gun registration scheme, is legally bringing that gun to your DC home (or the Big Apple, if that is where you hang your hat).