let military spouses buy guns

Rep. Scott Rigell (R-Va.) on Tuesday introduced legislation that would let military spouses buy handguns in the state where their husbands and wives are on permanent duty.

the Gun Control Act of 1968 only allows people to buy firearms in the state where they legally reside. That means if a family legally resides in one state, but the service member spouse is on duty in another state, the spouse of that service member cannot legally buy a gun.

http://www.theblaze.com/blog/2015/05/13/gop-bill-puts-guns-in-the-hands-of-military-spouses-to-protect-from-islamic-state-threat/#more-966692

This strikes me as odd. I was always led to believe that I "resided" in whatever state I was stationed in. Some items were done differently, like taxes - we (military) paid taxes based on our home of record (in my case, Colorado).

jackrockblc said:

This strikes me as odd. I was always led to believe that I "resided" in whatever state I was stationed in. ...

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When you are stationed somewhere, you have papers to that effect. Does your spouse?

Especially as a military brat, I support the effort, but I would even more support repeal of the '68 GCA.

I have not bothered to look, just so I could ask this question:

Isn't the exception for TDY as opposed to PCS?

stay safe.

MAC702 said:

When you are stationed somewhere, you have papers to that effect. Does your spouse?

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mac, et al., the olde archaic mentality still exists "if the services wanted you to have a spouse, they would have issued you one!"

however, not sure what the problem is as the military member can purchase a firearm for their partner (gift) at their PCS location or i believe...use the base/post exchange and purchase one there if sold at that facility.

and the member is afforded the 'blessing' with their PCS orders of immediately falling into the resident benefit of what ever place they service member is locat

TDY does not grant any resident benefit per se.

ipse

It seems to depend on the spouse and their job. My wife is a stay at home mom, but I've heard of other spouses needing to change their residency to the state that they're in for job reasons. In regards to our orders covering them, I've never had a place accept my orders for my wife to buy a gun even though they're listed on the orders.

To me the bigger issue is the law that requires this. Why can we only buy handguns in the state that we're a resident of? I still don't get how they can twist regulation to mean prohibition, which is effectively what the law does; prohibits out-of-staters from buying such guns.

Just repeal the while damn thing. Just because I'm on vacation doesn't mean I should be limited on what and where I spend my money. Why is a military spouse afforded more rights than I? What happened to equal protection under the law? Why am I a second class citizen because I'm in sales as opposed to soldiering?

mustangkiller said:

Just repeal the while damn thing. Just because I'm on vacation doesn't mean I should be limited on what and where I spend my money. Why is a military spouse afforded more rights than I? What happened to equal protection under the law? Why am I a second class citizen because I'm in sales as opposed to soldiering?

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Hear hear!

Military Spouses Threatened by ISIS Affiliate on Twitter, Facebook

I believe that the proposed legislation that would let military spouses buy handguns in the state where their husbands and wives are on permanent duty is necessary because

the military member can be TDY'ed away and is not available to "purchase a firearm for their partner (gift) at their PCS location".

A group claiming to be affiliated with the ISIS militant group hacked the Military Spouses of Strength Twitter account
and sent threats to a group of military spouses on Twitter and Facebook.

http://www.military.com/daily-news/2015/02/10/military-spouses-threatened-by-isis-affiliate-on-twitter-facebo.html

The average American is much more likely to be a victim of domestic criminals than military spouses are of ISIS.

If we're going to modify gun laws to allow Americans to defend themselves, this bill is a complete waste of time. And it creates further privileges for those who serve government.

Unacceptable.

marshaul said:

The average American is much more likely to be a victim of domestic criminals than military spouses are of ISIS.

If we're going to modify gun laws to allow Americans to defend themselves, this bill is a complete waste of time. And it creates further privileges for those who serve government.

Unacceptable.

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Perhaps. Although another take would be that it is yet another incremental move towards removing restrictions. Whatever the law is, if you can get everyone exempted from the stupid thing it eventually has no teeth or meaning.

marshaul said:

The average American is much more likely to be a victim of domestic criminals than military spouses are of ISIS.

If we're going to modify gun laws to allow Americans to defend themselves, this bill is a complete waste of time. And it creates further privileges for those who serve government.

Unacceptable.

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Some animals are more equal.

deepdiver said:

Perhaps. Although another take would be that it is yet another incremental move towards removing restrictions. Whatever the law is, if you can get everyone exempted from the stupid thing it eventually has no teeth or meaning.

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I can see the good intent. How has that worked for letting cops have extra special rights? Has that spread to us yet?

Isn't the spouse covered by the first sentence?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. 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. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

Jeff Hayes said:

Isn't the spouse covered by the first sentence?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. ...

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No. If the spouse intended to make their home in the new state, they would transfer their driver's license and other IDs to that new state, and would then not need an Armed Forces spouse exception.

jeff, the service member's partner, while put on PCS orders for travel authorization purposes and are not covered by the passage you quoted. you will notice it refers to the 'member' and not ancillary individuals.

ipse

oldbanger said:

Rep. Scott Rigell (R-Va.) on Tuesday introduced legislation that would let military spouses buy handguns in the state where their husbands and wives are on permanent duty.

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State laws vary with respect to how much grace time the spouses of military members have before they are required to obtain a state drivers license. The shortest time in my experience was 30 days, whereas 90 days was the longest. That's out of nine states in which I've had experience, both as a Navy brat as well as a member of the Air Force.

However, to establish residency, all a military spouse needs for the vast majority of states is a copy of the service member's orders. Some states still require a lease or mortgage agreement. All these documents are available either immediately upon arriving in the state or within the first month. Heck, you don't have to wait 90 days to get your local driver's license. Get it in the first week. That and a hotel receipt is sufficient to determine eligibility in all 50 states, at which point, you're well within the Gun Control Act of 1968.

the Gun Control Act of 1968 only allows people to buy firearms in the state where they legally reside. That means if a family legally resides in one state, but the service member spouse is on duty in another state, the spouse of that service member cannot legally buy a gun.

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Not true. First, I think you meant to say, "if a family legally resides in one state, but the service member is on duty in another state, the spouse of that service member cannot legally buy a gun." Otherwise, you're talking about the same person.

Regardless, service members are covered by their orders and state laws, nearly all of which allow the service member to be considered a "resident" for the purpose of buying a firearm. Meanwhile, their spouses can establish residency based on the service members orders (nearly all states) or the traditional means of a new drivers license and a copy of a rental agreement, mortgage, or hotel bill.

Bottom line: While the proposed law might make things more convenient, it's not within the Constitutional purview of the federal government to interfere with powers reserved to the states. It is for this very reason that this issue is already covered by state laws, and has been for decades.

When I first commented on this I had forgotten a bit of Missouri statute which, in the context of this thread, I am rather proud of my state for codifying (emphasis mine):

2. A concealed carry permit issued pursuant to subsection 7 of this section shall be issued by the sheriff or his or her designee of the county or city in which the applicant resides, if the applicant:

(1) Is at least nineteen** years of age, is a citizen or permanent resident of the United States and either:

(a) Has assumed residency in this state; or

(b) Is a member of the Armed Forces stationed in Missouri, or the spouse of such member of the military;

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MAC702 said:

No. If the spouse intended to make their home in the new state, they would transfer their driver's license and other IDs to that new state, and would then not need an Armed Forces spouse exception.

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Mac as you know I live in two states the ATF considers me a resident of Arizona when I am living there and a resident of Washington when I am living there. I can purchase firearms in both states. There is no requirement to only have one residence in USC 18 921 or 922.