Purchasing a pistol out of state with a military id - Page 2
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Thread: Purchasing a pistol out of state with a military id

  1. #11
    Join Date
    Mar 2013
    Location
    Lakeville, MN
    Posts
    12
    I have seen several people with out of state ccw's purchase at two different gun stores here in MN. Last one was from Madison WI, all he needed was his ID and his CCW..I don't know if this will help, but you can call your favorite gun shop and talk to them.

  2.   
  3. Quote Originally Posted by 1911-Marine
    My wife's name is prominently on my orders... and she rates the same privileges as I do when it comes to residency. She has a Florida resident CWP and a California drivers license. I do not claim to know all of the laws everywhere and you need to ask the LGS in your state. They will be happy to answer your questions and most like military.
    The US Government cannot order your wife to live in a certain state or report for duty in a certain state, unless she signed the contract as an active duty member of the armed forces.

    Being a resident of a state and having the required identification documents required by the Brady Law to purchase a firearm from an FFL are two entirely separate subjects. Military orders with your wife's name on them in the dependents section does not establish residency in a state for the purposes of firearms transactions for your wife. Let's say you have orders to Washington, D.C. but you live in a house in Virginia. What state is your wife a resident of, assuming she lives in the house in Virginia with you (for the purposes of firearms transactions)? Virginia.

    What does establish residency in a state for your wife is, according to 27 CFR 478.11 "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." That is the definition of state of residence for your wife. Does her name on military orders meet that requirement? NO. You can have orders to a duty location and your wife can live somewhere else entirely.

    27 CFR 478.11 goes on to further define state of residence as "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." Is your wife an active duty member of the Armed Forces? Maybe she is, maybe she isn't, I don't know. But just being a dependent does not meet that definition,

    27 CFR 478.11 also defines the identification document required to purchase a firearm from an FFL as "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 individuals."

    Do your active duty orders with your wife's name on them contain your residence address? NO. Does your wife's dependent ID card and your orders to active duty in a state with her name as a dependent on them meet the requirements for identification to an FFL? NO, because neither one of those two documents will have a residence address on them. Remember - duty station location as residency applies ONLY to the ACTIVE DUTY service member.

    The minute your wife steps foot in a state with the intention of living there, as your dependent, certainly does make her a resident of that state (for firearms transactions). HOWEVER, she cannot meet the identification requirements to purchase a firearm from an FFL with your orders and her military dependent ID card alone. If you have orders to D.C. and you live in Virginia, your wife is not present in D.C. with the intention of making a home there and is not a resident of D.C. and your orders to D.C. do not change that fact. She is present in Virginia with the intention of making a home there, and is a resident of Virginia (for firearms transactions). For example.

    Quote Originally Posted by tthirion View Post
    I have seen several people with out of state ccw's purchase at two different gun stores here in MN. Last one was from Madison WI, all he needed was his ID and his CCW..I don't know if this will help, but you can call your favorite gun shop and talk to them.
    It is a violation of Federal law [18 USC 922 (b)(1)] for an FFL to transfer a firearm other than a rifle or a shotgun to a resident of a different state than where their business is located in.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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