Purchasing a pistol out of state with a military id
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Thread: Purchasing a pistol out of state with a military id

  1. Question Purchasing a pistol out of state with a military id

    I have a friend and his wife are looking to purchase a pistol in Minnesota. They are both residents of texas originally but by right of military orders temporary residents of Minnesota. He is stationed here, and she has her ccw from here. I've ran into a lot of different information on this subject, and I'd like to help him out. If anybody has any information on the subject please let me know!

    Thanks Gents!

  2.   
  3. #2
    I'm not sure on specifics state to state, but they should be alright as long as he brings a copy of his orders that have him assigned to Minnesota and whatever other paperwork is required normally.

    That's the way it works in Florida, Alabama, and Washington at least.

    Sent from my Nexus 7 using Tapatalk HD

  4. Any idea where i can find information like that on state to state? I checked the atf website with no luck.

  5. #4
    I live in MN and to buy a handgun you either must have a resident CCL or go to his local police station and apply for a permit to purchase. The permit to purchase costs nothing and is good for a year. Now that is what is required for residents. They could go to an FFL and they should know all the ins and outs.

  6. I've been in the Army 18 years. Every place I have been stationed (stateside) allows you to purchase weapons with a copy of your orders and your military ID. As long as his wife is on his orders, she should have no problems either.

  7. #6
    Quote Originally Posted by mperkins1116 View Post
    As long as his wife is on his orders, she should have no problems either.
    Wrong. Wives don't get military change of station orders.
    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.

  8. #7
    Quote Originally Posted by Mwhite732 View Post
    I have a friend and his wife are looking to purchase a pistol in Minnesota. They are both residents of texas originally but by right of military orders temporary residents of Minnesota. He is stationed here, and she has her ccw from here. I've ran into a lot of different information on this subject, and I'd like to help him out. If anybody has any information on the subject please let me know!

    Thanks Gents!
    Quote Originally Posted by Mwhite732 View Post
    Any idea where i can find information like that on state to state? I checked the atf website with no luck.
    http://www.atf.gov/files/publication...f-p-5300-4.pdf

    Page 7 of the above document:
    Federal Law 18 USC 921 (b):
    (b) For the purposes of this chapter, a
    member of the Armed Forces on active
    duty is a resident of the State in which his
    permanent duty station is located.

    Page 39 of the above document:
    27 CFR (Code of Federal Regulations) 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. 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.

    Pages 135-136 of the above document:
    ATF Rule 2001-5:
    Held further, a purchaser who is a
    member of the Armed Forces on active
    duty is a resident of the State in
    which his or her permanent duty station
    is located, and may satisfy the
    identification document requirement
    by presenting his or her military identification
    card along with official orders
    showing that his or her permanent
    duty station is located within the State
    where the licensed premises are located.


    All of the above applies ONLY TO THE MILITARY MEMBER and not the spouse or other dependents. In order to purchase a firearm other than a rifle or shotgun from an FFL in the new state, they must obtain the "standard" proof of residency such as an in state driver's license or state ID card - or present some other government issued document that proves their new state of residency. Spouses and dependents are not issued military change of station orders. I would recommend you read the entire section on pages 135-136 of the Federal Firearms Regulations Reference Guide as it contains complete information regarding military members state(s) of residence.

    In Minnesota, the permit to purchase a pistol or resident CCL would be an adequate government issued document for the spouse to prove residency to an FFL and they could use any other government photo ID to prove identity.

    It won't be long before someone comes along and confuses "home of record" state with state of residence. I have had a Wyoming driver's license for 30 years now. My military "home of record" state is Wyoming. For the purposes of firearms transactions, I have NOT been a resident of Wyoming for 20+ years. Where you are registered to vote, where you pay taxes, and where you maintain a driver's license may indicate what your state of residence is - but it does not establish your actual state of residence for firearms transactions - actual state of residence for firearms transactions is where you sleep at night, and for military members where you are ordered to go to work every day.
    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.

  9. Thumbs up

    Quote Originally Posted by NavyLCDR View Post
    http://www.atf.gov/files/publication...f-p-5300-4.pdf

    Page 7 of the above document:
    Federal Law 18 USC 921 (b):
    (b) For the purposes of this chapter, a
    member of the Armed Forces on active
    duty is a resident of the State in which his
    permanent duty station is located.

    Page 39 of the above document:
    27 CFR (Code of Federal Regulations) 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. 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.

    Pages 135-136 of the above document:
    ATF Rule 2001-5:
    Held further, a purchaser who is a
    member of the Armed Forces on active
    duty is a resident of the State in
    which his or her permanent duty station
    is located, and may satisfy the
    identification document requirement
    by presenting his or her military identification
    card along with official orders
    showing that his or her permanent
    duty station is located within the State
    where the licensed premises are located.


    All of the above applies ONLY TO THE MILITARY MEMBER and not the spouse or other dependents. In order to purchase a firearm other than a rifle or shotgun from an FFL in the new state, they must obtain the "standard" proof of residency such as an in state driver's license or state ID card - or present some other government issued document that proves their new state of residency. Spouses and dependents are not issued military change of station orders. I would recommend you read the entire section on pages 135-136 of the Federal Firearms Regulations Reference Guide as it contains complete information regarding military members state(s) of residence.

    In Minnesota, the permit to purchase a pistol or resident CCL would be an adequate government issued document for the spouse to prove residency to an FFL and they could use any other government photo ID to prove identity.

    It won't be long before someone comes along and confuses "home of record" state with state of residence. I have had a Wyoming driver's license for 30 years now. My military "home of record" state is Wyoming. For the purposes of firearms transactions, I have NOT been a resident of Wyoming for 20+ years. Where you are registered to vote, where you pay taxes, and where you maintain a driver's license may indicate what your state of residence is - but it does not establish your actual state of residence for firearms transactions - actual state of residence for firearms transactions is where you sleep at night, and for military members where you are ordered to go to work every day.

    This is more than what I could ask of you fine Americans. Amazingly informative answer. Thanks very much sir.

    Semper fi

    Mwhite

  10. #9
    Quote Originally Posted by Mwhite732 View Post
    This is more than what I could ask of you fine Americans. Amazingly informative answer. Thanks very much sir.

    Semper fi

    Mwhite
    No problem. Been in the military more than thirty years, bought firearms in a couple of different states, and since becoming an officer, I have been the division officer for literally 1000+ sailors. This is a pretty easy question :-) I don't know if Minnesota allows it, but Washington allows milittary members and their dependents to obtain Washington state ID cards and keep their out of state driver's licenses, which solves the problem of firearms purchasing in Washington for the family members.

    Also, since I renewed my Wyoming driver's license by mail when living in Washington, I have a Wyoming driver's license with a Washington residence address on it :-)
    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.

  11. #10
    [/QUOTE]Wrong. Wives don't get military change of station orders.[/QUOTE]

    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.

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