ATF Ruling 1980-21 — Identification of State of Residency for Out-of-State College Students

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 out- of-State college students actually reside in their home State they are considered residents of their home State.