I am active duty military (USAF).  Can I purchase a pre-ban, semi-auto "LEO/Military Only" AR15 for personal possession if a letter from my commander is sent to the receiving FFL holder?  I believe LEO can't purchase for personal possession, i.e., the weapon must be turned into the department.  Is military possession the same?  

Sorry.  Military weapons can only be posessed by the military.  It is ILLEGAL to possess any military weapon on personal property (vehicle, house, etc.).  The only way the military will let you buy a new weapon is if you destroy it or lose it (Statement of Charges and Article 15 - if you're lucky [;)]).

You mean post ban LEO.

But, generally yes.  Letterhead is all that is required for an FFL to sell you the Rifle.

And I know LEO's who have retired and kept their Rifles.  Why would you give your department a weapon that you paid for?

Edit: I would ask what the FFL requires you to present.  He would know!

Let me clarify a bit, per the RRA website, their "pre-ban" AR15/M4gery with pre-ban features (bayonet lug, flashider, collapsible stock) are for LEO sales. As I originally stated, a semi-auto firearm, not full auto.  I've seen other firms also sell LEO/Gov't firearms.  Maybe "LEO/Military" is not the term I should have used in my original thread, but "LEO/Gov't". Just wondering, again not interested in full auto, just a semi-auto AR15/M4gery with legal "pre-ban" goodies if you will. Want to stay legal, don't want no Article 15 thank you or the alphabet boys visiting. Thanks for the responses.

When they say LEO/Military, the "Military" part refers to the military as a force, not as individuals.  As an Airman, you cannot individually own or posess military firearms, even if they are semi-auto.  Only LEO can purchase with letterhead (this includes the multitude of gubment LEO/JBT).  You're SOL, like the rest of us non-LEO.

Yes, you can purchase one with military letterhead if your commander will write it up.  That's a big IF.  The problem is that legally the gun still belongs to Uncle Sam when you leave service.  If you were a cop on the other hand, it can become yours at retirement.

§ 922(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.......

(4) Paragraph (1) shall not apply to -

(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);


(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited form receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or.....

Become a cop, get it letterheaded that way, and retire down the line to keep your gun.

[url]http://www.atf.treas.gov/firearms/legal/semi.htm[/url]

I appreciate the responses to my query.  I wanna stay legal and keep my stripes, thanks guys.

Thank you for serving our great country!
No.
Yes.

USNJoe - a law enforcement officer can personally own a LEO rifle, provided that it was acquired using a letterhead authorization from the agency, and was not acquired solely for personal use or resale.

Upon leaving law enforcement, the officer must either dispose of the rifle to a dealer or other qualified buyer (LEO, usually), or may remove the assault weapon features, and retain possession.

Upon RETIREMENT, a department-owned LEO firearm and large-capacity magazines can be gifted to the officer by the department.  This doesn't mean they get to keep their own LEO rifle in its LEO configuration, but could potentially donate their rifle and magazines (for this example) to the department, and the department could then legally gift them back.

Once the retired officer dies, the rifle must go back to an FFL, government or sold to LEO via letter, etc.

The rifle cannot be just sold to anyone out there.

mark

From your description it sounds like you are in North Dakota. Just buy yourself a transferable M16. It's not like you have anything else to spend your salary on in North Dakota.

Circuits,
His question was "I am active duty military...".
Not "I am LEO..."

There is no branch of the US Military that will authorize the purchase of a firearm by a military member using their own money under the authority of the Officers above him.

Circuits read item (c) of the law above.  It says a retired officer can posssess a semi-auto assault weapon.  If the gun is neutered it's no longer considered a semi-auto assault weapon and therefore wouldn't need to be exempted anyway.

Troy's response is correct. Read 18 USC 922(w) carefully. You will see that the exemption for INDIVIDUAL officers applies only to law enforcement officers, not military personnel. The exemption for the "United States" applies to the govt as a whole, hence the military's ability to acquire hicaps and restricted weapons.

You'll also see, as others have said, that when you retire, you couldn't keep it even if you were allowed to get it in the first place. The retirement provision applies only to civilian LEOs.

You might be able to find an exemption if you become a member of the USAF Shooting team.  Presently certain members of the USN Shooting team have been permitted to buy post-ban Hi-Caps from Glock and Para-Ord for use in IPSC competition.  All that was requird for us was a list signed by the 0-6 in charge to be sent to the manufactures or dealer.

I'm not sure how this would be handled for firearms.

Good luck.