Giving son a handgun for home defense in Va
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Thread: Giving son a handgun for home defense in Va

  1. Giving son a handgun for home defense in Va

    I live in mo and as above giving a handgun for he and wife who live off post by Ft Belvoir. Giving a signed letter. Anything more to do in va? Does not live in DC,thank God....

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  3. I'm not sure on this so don't quote or call me an idiot but I think living in different states you'll still have to use a FFL to ship it to him. I don't think guns can be gifted, only willed.

  4. #3

    Angry Your right about DC

    The only people in DC or MD that are allowed to protect themselves are the cops and crooks. Everybody else gets caught in the cross fire!

  5. #4
    Quote Originally Posted by OleEd View Post
    I live in mo and as above giving a handgun for he and wife who live off post by Ft Belvoir. Giving a signed letter. Anything more to do in va? Does not live in DC,thank God....
    In order to comply with Federal law, since you are a resident of MO, and your son resides in VA, the handgun will have to be transferred to your son by an FFL in Virginia. 18 USC 922 (a)(3), (a)(5) and (b)(3) are the applicable Federal laws, if you are interested.

    How you get the gun to the Virginia FFL is between you and the Virginia FFL. The only legal restriction is that you cannot use US Post Office to mail a handgun, because you do not hold an FFL yourself.

    Being military, even if your son has a MO driver's license, he is still considered a resident of VA while having orders there and living there at night. A driver's license or home of record alone does not establish residency for the purposes of firearms transactions; only military orders to a state and/or physical prensence in a state with the intention of making a home there do.
    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.

  6. #5
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    Or you could just hand him the gun in person and to hell with shipping, living trust.

  7. #6
    Quote Originally Posted by NavyLCDR View Post
    Being military, even if your son has a MO driver's license, he is still considered a resident of VA while having orders there and living there at night. A driver's license or home of record alone does not establish residency for the purposes of firearms transactions; only military orders to a state and/or physical prensence in a state with the intention of making a home there do.
    I have to disagree with the residency part. The entire 20 years I spent in the Navy, I maintained my Florida Driver License. I remained a Florida resident wherever I was. I voted in the Florida elections while filling out absentee ballots and I paid taxes in Florida, actually didn't pay state income because there was none, but always legally used my Florida residency for everything including hunting and fishing license. I also was able to use my permanent orders to apply for anything that residency required in the state I was stationed in. Just about like having two residencies in reality except that I could only vote once and only have one drivers license.

    So, I guess my point is that your last paragraph is a bit flawed, he is not considered a resident of the state he is stationed in unless he chooses to be. He could change his residency and become that state's resident and get his D/L changed and his voting status changed but he doesn't have to. If his drivers license and his military records show his residency is still MO, it is.

    KK

  8. #7
    Quote Originally Posted by Keykutter View Post
    I have to disagree with the residency part. The entire 20 years I spent in the Navy, I maintained my Florida Driver License. I remained a Florida resident wherever I was. I voted in the Florida elections while filling out absentee ballots and I paid taxes in Florida, actually didn't pay state income because there was none, but always legally used my Florida residency for everything including hunting and fishing license. I also was able to use my permanent orders to apply for anything that residency required in the state I was stationed in. Just about like having two residencies in reality except that I could only vote once and only have one drivers license.

    So, I guess my point is that your last paragraph is a bit flawed, he is not considered a resident of the state he is stationed in unless he chooses to be. He could change his residency and become that state's resident and get his D/L changed and his voting status changed but he doesn't have to. If his drivers license and his military records show his residency is still MO, it is.

    KK
    First, notice the limiting factor in the paragraph I wrote that you question:
    A driver's license or home of record alone does not establish residency [U]for the purposes of firearms transactions[U]

    That is all we are talking about is firearms transactions. Nothing else. Now let's look at how Federal law actually defines residency for the purposes of firearms transactions and nothing else, only firearms transactions.

    United States Code: Title 18,921. Definitions | LII / Legal Information Institute

    18 USC 921(b):
    921. Definitions
    (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.
    Electronic Code of Federal Regulations:

    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. 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.
    So, do you see anywhere in the definitions of state of residence for the purposes of firearms transactions any mention of where taxes are paid, where vehicles are registered, where a home of record is or where a driver's license is from? I don't. For the purposes of firearms transactions, there are two requirements: physical presence in a state with an intention of making a home there (IE: what state do you sleep in every night), and for military members-permanent duty station orders to a state. I have had a Wyoming driver's license and everything associated with Wyoming residency for almost 30 years. It has been illegal for me to purchase a firearm as a Wyoming resident since 1988 when I left Wyoming to join the Navy, and I have never returned to Wyoming since then with the intention of making a home there or have been ordered there.

    On the other side of things, the minute a military member steps foot in a state with orders to that state, they become a resident of that state. So a new guy checks into my command with orders, I can sell him a gun the day he checks, regardless of where his driver's license is from, and he can buy a gun from an FFL in that state with nothing but his orders and military ID card.
    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. #8
    Quote Originally Posted by Nightmare45 View Post
    Or you could just hand him the gun in person and to hell with shipping, living trust.
    You are exactly correct, the MO resident father can just hand the gun in person TO A VIRGINIA FFL for transfer to the Virginia resident son and be perfectly legal and not pay shipping.
    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.

  10. #9
    Touche'**************

    KK

  11. #10
    Quote Originally Posted by NavyLCDR View Post
    I have had a Wyoming driver's license and everything associated with Wyoming residency for almost 30 years. It has been illegal for me to purchase a firearm as a Wyoming resident since 1988 when I left Wyoming to join the Navy, and I have never returned to Wyoming since then with the intention of making a home there or have been ordered there.

    On the other side of things, the minute a military member steps foot in a state with orders to that state, they become a resident of that state. So a new guy checks into my command with orders, I can sell him a gun the day he checks, regardless of where his driver's license is from, and he can buy a gun from an FFL in that state with nothing but his orders and military ID card.

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