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Thread: OT: Handgun Sale to Active Duty Military

  1. #1
    Regular Member eBratt's Avatar
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    OT: Handgun Sale to Active Duty Military

    Quick question. I've been trying to track down information on whether you can sell a handgun to an active duty military person who:
    A. Is from out of state (out of state license)
    B. Is currently stationed in Colorado (with orders showing him stationed here)

    Anyone have any knowledge other than hearsay on this?
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good" - George Washington
    "Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest." - Mahatma Gandhi

    As always, insert standard IANAL disclaimer here.

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    Quote Originally Posted by eBratt View Post
    Quick question. I've been trying to track down information on whether you can sell a handgun to an active duty military person who:
    A. Is from out of state (out of state license)
    B. Is currently stationed in Colorado (with orders showing him stationed here)

    Anyone have any knowledge other than hearsay on this?
    IANAL, but TMK, it's a case of nothing forbidding it rather than a law allowing it. There's not a law documenting the absence of restrictions or residency requirements. If it's a private sale, you can sell to anyone who you have reasonable belief that they are allowed to have one. I.e. you don't know that they're a felon, or mentally incompetent. You don't have to run a background check nor interrogate them, but if they arrive talking about the voices in their head, you might be in trouble. If it's an active duty military person, it's pretty reasonable to assume that they're allowed to possess firearms.

  3. #3
    Regular Member eBratt's Avatar
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    My understanding is that there is a law prohibiting the sale of handguns to non-residents of the state. Most active duty personnel are stationed in states other than where they are a resident. That means that unless there is an exception to that law for active military personnel purchasing a gun in the state in which they are stationed. Many states have this exception. I'm just trying to find out about Colorado and any specifics about it.
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good" - George Washington
    "Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest." - Mahatma Gandhi

    As always, insert standard IANAL disclaimer here.

  4. #4
    Regular Member Jonathan Hoff's Avatar
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    im pretty sure you will be just fine as long as you have your military id you dont have to have to be in the area you live.

    just make sure you write the home address thats on your id and you will be fine. if they say no then get a wildlife stamp with you address on it and you should be gold.

  5. #5
    Campaign Veteran Schlitz's Avatar
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    Don't quote me on this, but I think having orders that permanently station you somewhere makes it so you are considered a resident of that state. I bought a handgun in a state where I wasn't a resident and the dealer needed to see orders to complete the transaction.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    Quote Originally Posted by eBratt View Post
    My understanding is that there is a law prohibiting the sale of handguns to non-residents of the state. Most active duty personnel are stationed in states other than where they are a resident.
    One of my favorite topics again.

    Don't conflate residence with domicile. A military member will often be a domiciliary, i.e., legal resident, in a state other than where they are are stationed, which is their place of actual residence - where you make a home.

    A actual residents of a state may conduct occasional private transfers of firearms to each other under federal law; further, the ATF website advises that federal firearms dealers may also sell firearms to military members in their state of actual residence where they are making a home.

  7. #7
    Regular Member Gunslinger's Avatar
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    Military ID and PCS orders are all that is required in CO. When a 4473 is run, you call the CBI and provide that information and the transfer is approved as if the AD military member was a resident. Person to person sales, where no background check is run through CBI, should require the same ID and orders being shown by the buyer. Then the transaction is completely lawful. My gun club sells to active duty regularly and the phone call to CBI is quick and easy. I would ask for the above, however, in a private sale and note PCS order # on the bill of sale.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    18 U.S.C. § 921(b):
    For the purposes of this chapter, a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.
    Last edited by JimMullinsWVCDL; 01-15-2012 at 06:35 PM.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  9. #9
    Campaign Veteran deepdiver's Avatar
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    Great info. I don't need this info today, but it is something I had wondered about as a general matter and have never got around to investigating.

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