Military out-of-state NFA question
Somewhat of a specific question for my case. I am still a TX resident (TX DL, permanent address in TX, etc) but I am stationed in FL. I can get around the whole state resident thing for firearm purchase with my mil ID and a copy of my orders. But I have been looking into getting a suppressor for my AR and 10/22 and I'm under the impression you can't buy NFA items out of state regardless of mil orders. How would one go about purchasing a can when you aren't living in your state of residence?
Also how would this work if I wanted to build an SBR?
For all intents and purposes, when purchasing a firearm, you are a resident of the state in which you are stationed.
Thats not how it has worked so far. I am still a resident of TX so when I go to buy a firearm from an FFL here in FL I have to prove that I am living here on a semi-permanent basis by showing my mil ID and my orders that have me stationed locally.
Originally Posted By bottlerocket:
showing my mil ID and my orders that have me stationed locally.
There's your answer. Of course you have to show proof that you're stationed there. Once you have established that proof, you can purchase firearms there.
See also; ATF Form 4473, instructions for question 2.
http://www.atf.gov/forms/download/atf-f-4473-1.pdf
If the buyer is a member of the Armed Forces on active duty acquiring a
firearm in the State where his her permanent duty station is located, but does
not reside at his or her permanent duty station, the buyer must list both
his or her permanent duty station address and his or her residence address in
response to question 2. If you are a U.S. citizen with two States of residence.
you should list your current residence address in response to question 2
(e.g. You buving a.firearm while sraying at your weekend home in State X,
should list your address in State X in response to question 2).So same with a can? Just bring my orders, mil ID and licence?
Originally Posted By bottlerocket:
So same with a can? Just bring my orders, mil ID and licence?
Should be. You'll need to fill out a 4473 when you pick up your can.
Originally Posted By NAM:
Originally Posted By bottlerocket:
So same with a can? Just bring my orders, mil ID and licence?
Should be. You'll need to fill out a 4473 when you pick up your can.
Interesting. I guess the guy at the shop had no idea what he was talking about today. He was under the impression I can't purchase a can in a state other than the one on my drivers licence.
Originally Posted By bottlerocket:
Originally Posted By NAM:
Originally Posted By bottlerocket:
So same with a can? Just bring my orders, mil ID and licence?
Should be. You'll need to fill out a 4473 when you pick up your can.
Interesting. I guess the guy at the shop had no idea what he was talking about today. He was under the impression I can't purchase a can in a state other than the one on my drivers licence.
You can also refer him to ATF Ruling 2001-5.
http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2001-5.html
"Held further, a purchaser who is 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, and may satisfy the identification document requirement by presenting his or her military identification card along with official orders showing that his or her permanent duty station is located within the State where the licensed premises are located."
Can't blame him for playing it safe. But at the same time, 5 minutes of searching online will tell him the real answer. I don't deal with FFL's who make blanket statements with no citations to back up their opinion.
Originally Posted By NAM:
Originally Posted By bottlerocket:
Originally Posted By NAM:
Originally Posted By bottlerocket:
So same with a can? Just bring my orders, mil ID and licence?
Should be. You'll need to fill out a 4473 when you pick up your can.
Interesting. I guess the guy at the shop had no idea what he was talking about today. He was under the impression I can't purchase a can in a state other than the one on my drivers licence.
You can also refer him to ATF Ruling 2001-5.
http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2001-5.html
"Held further, a purchaser who is 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, and may satisfy the identification document requirement by presenting his or her military identification card along with official orders showing that his or her permanent duty station is located within the State where the licensed premises are located."
Can't blame him for playing it safe. But at the same time, 5 minutes of searching online will tell him the real answer. I don't deal with FFL's who make blanket statements with no citations to back up their opinion.
Thanks so much for your help!
Wow thanks for this....I ran into a issue and hand a FFL tell me I wasnt allowed to purchase handguns out of state because I was a resident of my home state not where I was stationed. He managed to work it out and fix the issue but its always good to be able to refer directly to the law.
