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Thread: Military out of state pistol purchase legal?

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    Military out of state pistol purchase legal?

    Hello,
    I'm a Michigan resident on active duty military orders stationed in Ohio and I would like to purchase my first pistol in Ohio. Ohio doesn't (to my knowledge) have any laws requiring obtaining a license to purchase, registration, or passing of a test. As far as Ohio goes I can buy all the guns I want. My issue is with what the Michigan laws dictate about me purchasing out of state. Is it even legal to Michigan for me to do that? There is somewhat of a gray area there for me. I would like to be able to bring the weapon back to Michigan in the future. I've had plenty of firearms training in my career, but having to travel 300 miles to take a test and submit the paperwork, wait a few days and then register it is a bit of a hassle. What can I prep/do out of state? Also I'm not sure what laws they just changed. What can/should I do?

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    Regular Member Michigander's Avatar
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    Federal law says you have to buy pistols in your state of residence. If you want to buy pistols in ohio, get an ohio drivers license.

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    Quote Originally Posted by Michigander View Post
    Federal law says you have to buy pistols in your state of residence. If you want to buy pistols in ohio, get an ohio drivers license.
    To get a second drivers license I'd have to give up Michigan's. I move states every 3-4 years, and it would be difficult to do that repeatedly let alone I like being a Michigan resident. I'm pretty sure that the signed Military Orders get around that part of the law though. I DO actually reside in Ohio due to the orders.

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    Regular Member MikeTheGreek's Avatar
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    Quote Originally Posted by Michigander View Post
    Federal law says you have to buy pistols in your state of residence. If you want to buy pistols in ohio, get an ohio drivers license.
    Why can you order firearms from websites that aren't in your State, but can't travel a few hours to buy one yourself?

    That doesn't make too much sense
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    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by MikeTheGreek View Post
    Why can you order firearms from websites that aren't in your State, but can't travel a few hours to buy one yourself?

    That doesn't make too much sense
    Because the ones you order online are sent to an FFL in your state. Similarly if there is a pistol in Ohio you want it can be sent to an FFL in Michigan then transferred to you. Regarding the military purchase in another state I really don't know. I thought I heard it was legal if you're active duty stationed in another state but I could very well be wrong. Others who know more than I will chime in I'm sure.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Regular Member Michigander's Avatar
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    You can have guns shipped to a FFL holder in your state of residence, who can then transfer the guns to you. An unlicensed individual cannot simply buy guns online from FFL holders.

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    Thanks, so basically I can get the gun in Ohio whenever I want as long as I bring my official orders and mil ID. As far as MI goes, due to their new laws I only need to register it with the state police if I plan on bringing it back home. I'm planning on purchasing a Beretta from Gander Mt. here, they may have further requirements so I'll stop by and see what they say as well.

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    Quote Originally Posted by coastieET View Post
    Thanks, so basically I can get the gun in Ohio whenever I want as long as I bring my official orders and mil ID. As far as MI goes, due to their new laws I only need to register it with the state police if I plan on bringing it back home. I'm planning on purchasing a Beretta from Gander Mt. here, they may have further requirements so I'll stop by and see what they say as well.
    Thats what i did when i was in back in the early 80's was stationed in texas bought a pistol finish my time came come with it. took it to the police dept and had it ( inspected)they never said a word .

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