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Active military considered resident?

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Brandnew

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Hi everybody. If somebody has a non-WA drivers license, but is active duty military here in WA, is it legal for them to buy pistols through an FFL or private party?

I've read a few people say they are considered to be a resident for all firearms related situations, but haven't been able to see any actual laws I can read for myself. Any help?
 
A

adamsesq

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A gun carrying JAG friend of mine who works out of Ft. Lewis answered this question that, for purposes of purchasing a firearm, active duty military personnel are "residents" where they are currently stationed AND where their home/resident state is designated. He also added that some FFLs may not understand this and may be hesitant to start a transaction without ID showing an address in whatever state they were in. I have never found reason to doubt this person before.

-adamsesq
 
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bordsnbikes

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Would bringing in a couple bills with your name and address or something like that be beneficial in proving that your residing here?

When I was in the Army I had plenty of friend with an out of state drivers license buy guns while stationed at Ft. Lewis. So I know you can, I just don't know the in's and out's of it.
 
T

Trigger Dr

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I work in that business. Washington state law requires that you be a resident to purchase a hand gun. A little know fact is that a non resident can purchase a hand gun from an FFL dealer, but there is a 2 month waiting period. What is required is any state issued picture ID, or original orders from your command showing your permanent duty station. The simple solution is to just go to DOL office and get a state ID card for about $10.50. These documents are to establish residency. TDY orders do not qualify.

With your military ID and a document such as a power bill, car insurance, vehicle registration, etc. you can purchase a handgun.
 
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Trigger Dr

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FTF is legal, as long as you are legally qualified to own a firearm. Also, the CPL does not qualify to establish residency, as the same license is issued to non residents. The fact that it has a Wa. address makes no difference.
 
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bcp

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(B11) What constitutes residency in a State? [Back]
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.
[align=justify][18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
[/align]
[align=justify]
[/align][align=justify]http://www.atf.gov/firearms/faq/faq2.htm#b11
[/align]
 
S

sirpuma

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Active military with an out of state drivers license can purchase firearms in the state they are stationed in permitted that their current military ID correctly lists their current address as being in that state. So long as all other applicable laws are followed pertaining to legal ownership of firearms, you're good to go.
 
B

Brandnew

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You guys are amazing. Thanks for the quick and accurate response including the actual ATF site link. I searched the atf website and that thing is hard as heck to find what you want.

I LOVE THIS SITE!
 
D

dlnwoody

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Brandnew,

Not sure if it is for all states. I was told that because I am a Fl. resident i needed a copy of my orders showing i'm stationed in WA. All I do when I buy a gun is give them my DL, Mil id, cpl, and orders. CPL is just so I don't have to wait for my gun.Never had a problem. Also if you don't know Ft. Lewis has a civ range to go shoot.
 
shad0wfax

shad0wfax

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dlnwoody wrote:
Brandnew,

Not sure if it is for all states. I was told that because I am a Fl. resident i needed a copy of my orders showing i'm stationed in WA. All I do when I buy a gun is give them my DL, Mil id, cpl, and orders. CPL is just so I don't have to wait for my gun.Never had a problem. Also if you don't know Ft. Lewis has a civ range to go shoot.
Click to expand...

This is the correct answer for Washington state.

I purchased a firearm when I was active duty in South Carolina as a Washington resident. It took a copy of my orders to get the sale completed.

Can you shoot 600 to 1000 yards at Ft Lewis?
 
A

adamsesq

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, Oregon, USA
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NavyLT wrote:
adamsesq wrote:
A gun carrying JAG friend of mine who works out of Ft. Lewis answered this question that, for purposes of purchasing a firearm, active duty military personnel are "residents" where they are currently stationed AND where their home/resident state is designated. He also added that some FFLs may not understand this and may be hesitant to start a transaction without ID showing an address in whatever state they were in. I have never found reason to doubt this person before.

-adamsesq
Click to expand...
Your JAG friend was incorrect. A military member cannot claim residency for firearms transactions based solely upon home of record state (IE: home state where their driver's license is from). In order to claim residency in a home of record state, an actual residence where the military member resides for part of the year must be established. My DL is from Wyoming, for tax purposes I am a Wyoming state resident, however, for firearms purposes and for divorce purposes, I cannot claim Wyoming as a state of residence because I do not maintain an actual, physical address there.
Click to expand...

Actually he was correct and that is shown in the BATF FAQ quoted above. But so are you - we are saying the same thing. His permanent orders state is one. His home/resident state is the second as long has he as a home there and it is his resident state that is two. He has two "residences" for fire arms transfers.


And to be REALLY techincally correct: A FFL can SELL to anyone he wishes. He just can't TRANSFER the firearm to them. A Wa. FFL can sell to me as an Oregon resident. But he has to TRANSFER it to an Oregon FFL before I can get my hands on it.

-adamsesq
 
C

Cougar125

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Coupeville, WA
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Ok...check this out. Anywhere I've gone to buy a firearm from a FFL has just required my military orders, ID, and driver's license. Thats it.



Now...for shits and grins,I am an Idaho resident. I can buy a gun here without my orders because I am froma neighboring state. I can buy guns in WA, OR, MT, WY, NV, and ID depending on where I go.
 
C

Cougar125

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Huh...weird. I'll have to check that out. When I was at one of the sporting goods stores (don't remember which one because I visited several that day) I was told that because I was a neighboring state resident, they didn't need anything other than my D/L.

I'll have to remember which store told me that and ask them again.
 
D

dlnwoody

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, Washington, USA
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NavyLT,

As far as long guns go. There are some states that WA will not sell long guns to unless they have orders. I am a resident of FL, when I tried to by a shotgun i was told I needed my orders due to being a resident of FL.
 
just_a_car

just_a_car

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Auburn, Washington, USA
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NavyLT, actually, the Florida law would prohibit purchase in WA State.

The law says that FL residents can purchase from "contiguous" states: http://www.merriam-webster.com/dictionary/contiguous

That means only Alabama and Georgia, unless they're meaning contiguous as in "unbroken," which is not normally the term... but then it would be the Continental 48, which would then make your argument correct.

I'm guessing they mean that only states that directly connect to their borders have that permission, but I could be wrong.
 
K

kparker

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NavyLt,

With all due respect, you're the one that needs to re-read. Quoting yourself:

that unless a state law specifically PROHIBITS the purchase of a long gun from a particular state
Click to expand...

And the Florida law you cite specifically does prohibit residents from purchasing long guns in non-contiguous states.
 
H

heresolong

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Blaine, WA, ,
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kparker wrote:
NavyLt,

With all due respect, you're the one that needs to re-read. Quoting yourself:

that unless a state law specifically PROHIBITS the purchase of a long gun from a particular state
Click to expand...

And the Florida law you cite specifically does prohibit residents from purchasing long guns in non-contiguous states.
Click to expand...
The Florida law that you cited does not prohibit anything. It merely allows the purchase of long guns in contiguous states. Is there more wording that you didn't post that says you can't purchase in other states?
 
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