Reference / Paper · 1980
ATF's ruling that an out-of-state college student may establish residence in the state where he lives during the school term. Held because earlier versions of the STEN dive cited a phantom "ATF Ruling 80-21" as a closed-bolt rule; this is the real 80-21, which the dive's correction notes cite.
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.