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Thread: How would this work?

  1. #1
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    I'm not buying a gun like this but just got to thinking about it since I do have friends in the marines one who talked in the past about selling a gun he has. I don't plan to buy it but it got me wondering. He has a VA drivers license, was from VA, and basically has lived in VA his whole life until he joined the marines. The marines have him stationed in NC right now but he still has his VA drivers license and all that. If he sold the gun to a VA resident would he have to go through a FFL dealer since he technically is stationed in NC right now? Or would it be a private VA to VA sale since his drivers license and where he lives when not stationed on base is in VA? How would that work?

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    His home of record is the state he lived in before the Marines shipped him off. There is a thing called "The Soldiers' and Sailors' Civil Relief Act of 1940)."

    This provides many exceptions to state laws.

    Example:

    In Virginia, a soldier can be stationed here from another state and even buy a home. But he is not required to change to a VA license like everyone else. Technically... this is not his home state.

    So I suspect that if a soldier is still a resident of his home state and could buy there.

    This actually happened to me when I went home on leave. I was stationed/lived in North Carolina but presented my home state license and the Sheriff gave me the purchase paperwork.

  3. #3
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    So if he was stationed in NC but his home residence was VA he could sell one of his guns to another VA resident just like any other VA to VA private sale?

  4. #4
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    hometheaterman wrote:
    So if he was stationed in NC but his home residence was VA he could sell one of his guns to another VA resident just like any other VA to VA private sale?
    I don't think so. As I understand it, you must follow the laws of the state in which you are standing - the Va. Marine could privately transfer a hand gun to another Va. resident if both are standing in Va. As soon as one or both are outside their home state/legal residency, I see a problem.

    Am I not correct that if is a long gun, then it would be okay or does that require purchase paperwork too in NC??

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