Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 12/31/2015 6:51:21 PM EDT
Howdy! So I currently live in the UK (at the behest of our government) before moving here, I was stationed in Georgia for five years but according to the Department of Defense I'm still a full legal resident of Texas. I fall under Texas tax code and I still vote in Texas elections. My question for FFL holders is can I buy pistols and rifles when I'm stateside on leave? I wish to buy a pistol and maybe an AR that I can leave with my father-in-law until I get back permanently.

Apologies if this is posted in the wrong area.
Link Posted: 12/31/2015 10:02:47 PM EDT
[#1]
Quoted:
Howdy! So I currently live in the UK (at the behest of our government) before moving here, I was stationed in Georgia for five years but according to the Department of Defense I'm still a full legal resident of Texas. I fall under Texas tax code and I still vote in Texas elections. My question for FFL holders is can I buy pistols and rifles when I'm stateside on leave? I wish to buy a pistol and maybe an AR that I can leave with my father-in-law until I get back permanently.

Apologies if this is posted in the wrong area.
View Quote

For the purpose of buying a firearm you are a resident of the state where you make your home. Active military can also claim their permanent duty station as their state of residence (if different than the state where they actually reside). Where you vote, have a drivers license or pay taxes is immaterial. If you hold a Texas drivers license, vote in Texas elections, etc. but you live and are stationed in Georgia.....you are not a Texas resident for the purpose of acquiring firearms.

Being that you are not actually residing in the United States...you cannot legally acquire a firearm until you move back stateside with the intention of making a home in a particular state.

https://www.atf.gov/file/55496/download
(in part)
...........The same reasoning applies to citizens of the United States who reside temporarily outside of the country for extended periods of time, but who also maintain residency in a particular State. Where a citizen temporarily resides outside of the country, but also has the intention of making a home in a particular State, the citizen is a resident of the State during the time he or she actually resides in that State. In acquiring a firearm, the individual must demonstrate to the transferor-licensee that he or she is a resident of the State by presenting valid identification documents.

Held, for the purpose of acquiring firearms under the Gun Control Act of 1968, a United States citizen who temporarily resides in a foreign country, but who also demonstrates the intention of making a home in a particular State, is a resident of the State during the time period he or she actually resides in that State.

Held further, the intention of making a home in a State must be demonstrated to a Federal firearms licensee by presenting valid identification documents. Such documents include, but are not limited to, driver’s licenses, voter registration, tax records, or vehicle registration.
View Quote

Link Posted: 12/31/2015 10:43:14 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

For the purpose of buying a firearm you are a resident of the state where you make your home. Active military can also claim their permanent duty station as their state of residence (if different than the state where they actually reside). Where you vote, have a drivers license or pay taxes is immaterial. If you hold a Texas drivers license, vote in Texas elections, etc. but you live and are stationed in Georgia.....you are not a Texas resident for the purpose of acquiring firearms.

Being that you are not actually residing in the United States...you cannot legally acquire a firearm until you move back stateside with the intention of making a home in a particular state.

https://www.atf.gov/file/55496/download
(in part)

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Howdy! So I currently live in the UK (at the behest of our government) before moving here, I was stationed in Georgia for five years but according to the Department of Defense I'm still a full legal resident of Texas. I fall under Texas tax code and I still vote in Texas elections. My question for FFL holders is can I buy pistols and rifles when I'm stateside on leave? I wish to buy a pistol and maybe an AR that I can leave with my father-in-law until I get back permanently.

Apologies if this is posted in the wrong area.

For the purpose of buying a firearm you are a resident of the state where you make your home. Active military can also claim their permanent duty station as their state of residence (if different than the state where they actually reside). Where you vote, have a drivers license or pay taxes is immaterial. If you hold a Texas drivers license, vote in Texas elections, etc. but you live and are stationed in Georgia.....you are not a Texas resident for the purpose of acquiring firearms.

Being that you are not actually residing in the United States...you cannot legally acquire a firearm until you move back stateside with the intention of making a home in a particular state.

https://www.atf.gov/file/55496/download
(in part)
...........The same reasoning applies to citizens of the United States who reside temporarily outside of the country for extended periods of time, but who also maintain residency in a particular State. Where a citizen temporarily resides outside of the country, but also has the intention of making a home in a particular State, the citizen is a resident of the State during the time he or she actually resides in that State. In acquiring a firearm, the individual must demonstrate to the transferor-licensee that he or she is a resident of the State by presenting valid identification documents.

Held, for the purpose of acquiring firearms under the Gun Control Act of 1968, a United States citizen who temporarily resides in a foreign country, but who also demonstrates the intention of making a home in a particular State, is a resident of the State during the time period he or she actually resides in that State.

Held further, the intention of making a home in a State must be demonstrated to a Federal firearms licensee by presenting valid identification documents. Such documents include, but are not limited to, driver’s licenses, voter registration, tax records, or vehicle registration.



Normally, active duty military personnel are considered to be residents of the State where they pay taxes, vote, have driver's licenses issued, etc., regardless of where they are stationed. Additionally, if they are stationed within the United States, they are allowed to buy firearms (not just long guns) in the State(s) where they are stationed.

For example, when I was stationed at Fort Campbell, KY, I was legally allowed to buy firearms in three States: Kentucky, Tennessee, and Maine. I was a Maine resident, having a license issued there and paying taxes there. Fort Campbell, while having a KY ZIP Code (47334), is actually 75% in TN and only 25 % in KY (the post office is located on the KY side of post, so the ZIP Code is a KY ZIP Code and the post is called Fort Campbell, KY).

When I was stationed in Germany, I was a Maine resident and could legally buy firearms in the State of Maine when I was home on leave.

This stuff is covered by the Servicemembers Civil Relief Act, which replaced the earlier Soldiers and Sailors Civil Relief Act.
Link Posted: 1/1/2016 2:11:00 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Normally, active duty military personnel are considered to be residents of the State where they pay taxes, vote, have driver's licenses issued, etc., regardless of where they are stationed.
Correct....but only for those purposes. Federal law regarding interstate commerce in firearms doesn't give a shit about where your DL is from, where you pay taxes, etc.........only where you actually live.

Read the link to ATF's "State of Residence" I posted above or the instructions in the Form 4473 for Question 13 "State of Residence"



Additionally, if they are stationed within the United States, they are allowed to buy firearms (not just long guns) in the State(s) where they are stationed.
Members of the armed forces on active duty can claim two states of residence.....the state where their permanent duty station is located and if they do not live in that state, the state where the actually reside. Example: an airman stationed at Sheppard Air force Base in Wichita Falls, TX might actually reside in Oklahoma.............he can claim OK or TX as his state of residence on the Form 4473. For the purposes of acquiring firearms he cannot claim any other state as his state of residence. If he has an Ohio drivers license, pays Ohio taxes, votes in Ohio, owns a home or property in Ohio.............but since he doesn't actually reside in Ohio he cannot acquire firearms there.

For example, when I was stationed at Fort Campbell, KY, I was legally allowed to buy firearms in three States: Kentucky, Tennessee, and Maine. I was a Maine resident, having a license issued there and paying taxes there.
Again, wrong.
State of Residence has fuck all to do with where your DL is issued or where you pay taxes. Read the ATF Ruling.


Fort Campbell, while having a KY ZIP Code (47334), is actually 75% in TN and only 25 % in KY (the post office is located on the KY side of post, so the ZIP Code is a KY ZIP Code and the post is called Fort Campbell, KY).

When I was stationed in Germany, I was a Maine resident and could legally buy firearms in the State of Maine when I was home on leave.
That is because you were actually a resident of Maine while living there.....not because you pay taxes there. This is covered in the ATF Ruling.

This stuff is covered by the Servicemembers Civil Relief Act, which replaced the earlier Soldiers and Sailors Civil Relief Act.
Common misconception....it doesn't apply the way you think it does.

View Quote

Link Posted: 1/1/2016 7:09:02 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Normally, active duty military personnel are considered to be residents of the State where they pay taxes, vote, have driver's licenses issued, etc., regardless of where they are stationed.
Correct....but only for those purposes. Federal law regarding interstate commerce in firearms doesn't give a shit about where your DL is from, where you pay taxes, etc.........only where you actually live.

Read the link to ATF's "State of Residence" I posted above or the instructions in the Form 4473 for Question 13 "State of Residence"



Additionally, if they are stationed within the United States, they are allowed to buy firearms (not just long guns) in the State(s) where they are stationed.
Members of the armed forces on active duty can claim two states of residence.....the state where their permanent duty station is located and if they do not live in that state, the state where the actually reside. Example: an airman stationed at Sheppard Air force Base in Wichita Falls, TX might actually reside in Oklahoma.............he can claim OK or TX as his state of residence on the Form 4473. For the purposes of acquiring firearms he cannot claim any other state as his state of residence. If he has an Ohio drivers license, pays Ohio taxes, votes in Ohio, owns a home or property in Ohio.............but since he doesn't actually reside in Ohio he cannot acquire firearms there.

For example, when I was stationed at Fort Campbell, KY, I was legally allowed to buy firearms in three States: Kentucky, Tennessee, and Maine. I was a Maine resident, having a license issued there and paying taxes there.
Again, wrong.
State of Residence has fuck all to do with where your DL is issued or where you pay taxes. Read the ATF Ruling.


Fort Campbell, while having a KY ZIP Code (47334), is actually 75% in TN and only 25 % in KY (the post office is located on the KY side of post, so the ZIP Code is a KY ZIP Code and the post is called Fort Campbell, KY).

When I was stationed in Germany, I was a Maine resident and could legally buy firearms in the State of Maine when I was home on leave.
That is because you were actually a resident of Maine while living there.....not because you pay taxes there. This is covered in the ATF Ruling.

This stuff is covered by the Servicemembers Civil Relief Act, which replaced the earlier Soldiers and Sailors Civil Relief Act.
Common misconception....it doesn't apply the way you think it does.




See the part where you responded about my State of residence being in Maine while I was stationed in Germany? That's the same situation the OP is in while he is stationed overseas, yet you have told him he can't buy a firearm until he returns from overseas. He's not just overseas because he wants to take an extended backpack trip between youth hostels. He's over there on military orders. As such, his State of residence remains the same as it was before he went OCONUS and he may buy all the firearms he wishes there whenever he's home on leave.
Link Posted: 1/1/2016 8:47:40 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


See the part where you responded about my State of residence being in Maine while I was stationed in Germany?
When you were stationed in Germany you had no current residence address in the US.

That's the same situation the OP is in while he is stationed overseas, yet you have told him he can't buy a firearm until he returns from overseas.
I didn't tell him......ATF did.

He's not just overseas because he wants to take an extended backpack trip between youth hostels. He's over there on military orders. As such, his State of residence remains the same as it was before he went OCONUS and he may buy all the firearms he wishes there whenever he's home on leave.
Wrong. Wrong. Wrong.........again, read the ATF ruling on state of residence and the instructions in the 4473.
Whatever is considered as your "home state" by the military has fuck all to do with what Federal law and ATF consider as your current residence address and state of residence for the purpose of acquiring a firearm.

A member of the armed forces on active duty may have a drivers license from Maine, pay Maine taxes and vote in Maine elections for the duration of their time in the military..............but if they do not actually live in Maine they are not a resident of Maine for the purpose of acquiring a firearm. They can however acquire firearms in the state where they currently reside or the state where their permanent duty station is located.


View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Normally, active duty military personnel are considered to be residents of the State where they pay taxes, vote, have driver's licenses issued, etc., regardless of where they are stationed.
Correct....but only for those purposes. Federal law regarding interstate commerce in firearms doesn't give a shit about where your DL is from, where you pay taxes, etc.........only where you actually live.

Read the link to ATF's "State of Residence" I posted above or the instructions in the Form 4473 for Question 13 "State of Residence"



Additionally, if they are stationed within the United States, they are allowed to buy firearms (not just long guns) in the State(s) where they are stationed.
Members of the armed forces on active duty can claim two states of residence.....the state where their permanent duty station is located and if they do not live in that state, the state where the actually reside. Example: an airman stationed at Sheppard Air force Base in Wichita Falls, TX might actually reside in Oklahoma.............he can claim OK or TX as his state of residence on the Form 4473. For the purposes of acquiring firearms he cannot claim any other state as his state of residence. If he has an Ohio drivers license, pays Ohio taxes, votes in Ohio, owns a home or property in Ohio.............but since he doesn't actually reside in Ohio he cannot acquire firearms there.

For example, when I was stationed at Fort Campbell, KY, I was legally allowed to buy firearms in three States: Kentucky, Tennessee, and Maine. I was a Maine resident, having a license issued there and paying taxes there.
Again, wrong.
State of Residence has fuck all to do with where your DL is issued or where you pay taxes. Read the ATF Ruling.


Fort Campbell, while having a KY ZIP Code (47334), is actually 75% in TN and only 25 % in KY (the post office is located on the KY side of post, so the ZIP Code is a KY ZIP Code and the post is called Fort Campbell, KY).

When I was stationed in Germany, I was a Maine resident and could legally buy firearms in the State of Maine when I was home on leave.
That is because you were actually a resident of Maine while living there.....not because you pay taxes there. This is covered in the ATF Ruling.

This stuff is covered by the Servicemembers Civil Relief Act, which replaced the earlier Soldiers and Sailors Civil Relief Act.
Common misconception....it doesn't apply the way you think it does.




See the part where you responded about my State of residence being in Maine while I was stationed in Germany?
When you were stationed in Germany you had no current residence address in the US.

That's the same situation the OP is in while he is stationed overseas, yet you have told him he can't buy a firearm until he returns from overseas.
I didn't tell him......ATF did.

He's not just overseas because he wants to take an extended backpack trip between youth hostels. He's over there on military orders. As such, his State of residence remains the same as it was before he went OCONUS and he may buy all the firearms he wishes there whenever he's home on leave.
Wrong. Wrong. Wrong.........again, read the ATF ruling on state of residence and the instructions in the 4473.
Whatever is considered as your "home state" by the military has fuck all to do with what Federal law and ATF consider as your current residence address and state of residence for the purpose of acquiring a firearm.

A member of the armed forces on active duty may have a drivers license from Maine, pay Maine taxes and vote in Maine elections for the duration of their time in the military..............but if they do not actually live in Maine they are not a resident of Maine for the purpose of acquiring a firearm. They can however acquire firearms in the state where they currently reside or the state where their permanent duty station is located.



Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top