If in the military, but from another state, and have a military ID and PCS papers, is that enough for a legal private purchase of a firearm?
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Private sales
- Thread starter Eric Stevenson
- Start date
That is what is required to buy from a licensed dealer so I would suspect that it would be all that is needed in a private sale but I won't swear to it.
From the ATF website:
A member of the Armed Forces on active duty is a resident of the state in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member’s permanent duty station is in a nearby state to which they commute each day, then the member has two states of residence and may purchase a firearm in either the state where the duty station is located or the state where the home is maintained.
www.atf.gov
A member of the Armed Forces on active duty is a resident of the state in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member’s permanent duty station is in a nearby state to which they commute each day, then the member has two states of residence and may purchase a firearm in either the state where the duty station is located or the state where the home is maintained.
What constitutes residency in a state? | Bureau of Alcohol, Tobacco, Firearms and Explosives
For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business.
So, it would seem the ATF would deem it a legal deal. Thank you!
Did some more research. Here is more information. I put the link in, but here is the information deeming it legal.
"ATF has also received questions from licensees as to how to comply with the identification
document requirement in the case of purchasers who are in the military. Some active duty
military personnel may not have driver's licenses from the State in which they are stationed. The
only identification document carried by some active duty military personnel is a military
identification card that bears the holder's name, date of birth, and photograph, but does not
reflect the holder's residence address.
Section 921(b) of the GCA provides that a member of the Armed Forces on active duty is a
resident of the State in which his permanent duty station is located. The purchaser's official
orders showing that his or her permanent duty station is within the State where the licensed
premises are located suffice to establish the purchaser's residence for GCA purposes. In
combination with a military identification card, such orders will satisfy the Brady Act's
requirement for an identification document, even though the purchaser may actually reside in a
home that is not located on the military base."
"ATF has also received questions from licensees as to how to comply with the identification
document requirement in the case of purchasers who are in the military. Some active duty
military personnel may not have driver's licenses from the State in which they are stationed. The
only identification document carried by some active duty military personnel is a military
identification card that bears the holder's name, date of birth, and photograph, but does not
reflect the holder's residence address.
Section 921(b) of the GCA provides that a member of the Armed Forces on active duty is a
resident of the State in which his permanent duty station is located. The purchaser's official
orders showing that his or her permanent duty station is within the State where the licensed
premises are located suffice to establish the purchaser's residence for GCA purposes. In
combination with a military identification card, such orders will satisfy the Brady Act's
requirement for an identification document, even though the purchaser may actually reside in a
home that is not located on the military base."
But, according to the laws they've made, it's legal.
