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Posted: 9/5/2012 12:45:21 PM EDT
| I'm active duty military stationed in NC for the next few years. I am still a Michigan resident though. Both states allow suppressors, but because I'm a MI resident, do I have to buy my suppressor in MI or can I buy it in NC? Would I put on the forms my physical address or my home of record? I'm sure other military guys had to do this before. |
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I'm active duty Air Force, a Texas resident, and I bought a suppressor while stationed in Alaska. The gist of it is that an active duty member with PCS orders to another state becomes a resident of both states (resident/HOR state and PCS state) for the purpose of buying firearms. Just bring your state's DL, CAC, and a copy of your PCS orders to the dealer when you go to pick it up and fill out the 4473.
ETA: I put my Alaska address on my form 4 and bought from the SOT in Anchorage. |
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Keep in mind however that you will need to fill out additional paperwork when you leave NC. I basically did the opposite. I bought in Texas and filled out Form 20s to bring my SBR and suppressor to NC. My advice would also be to get familiar with NC statutes. "Technically" short barreled rifles and silencers, among all other NFA weaponry are concidered "Weapons of Mass Destruction" by NC statute. "Research and Development" is a valid reason to either purchase or transport NFA weapons in-state however.
NC GS 14-288.8 - http://law.onecle.com/north-carolina/14-criminal-law/14-288.8.html |
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I bought my first suppressor while being stationed in NC while also having a different home of record. You will just list your NC residence on the form 4, your home of record in MI will not be on the form anywhere.
As the poster above pointed out, NC has some "unique" NFA laws and putting down the standard "all lawful purposes" by itself will get your form kicked back. However if you put "All lawful purposes for scientific and experimental purposes under NC general statute 14-288.8," you should not have any problems. Being in the military, you should also consider purchasing your NFA items via a trust or corporation. This will allow you to give access to your NFA items to someone else (spouse, trusted family member or friend) while you are deployed or if you were to PCS to a non-NFA friendly location. This is some good discussion on NC NFA in this HTF thread: http://www.ar15.com/forums/t_8_34/461528_NFA_in_NC_.html |
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Quoted:
I'm active duty Air Force, a Texas resident, and I bought a suppressor while stationed in Alaska. The gist of it is that an active duty member with PCS orders to another state becomes a resident of both states (resident/HOR state and PCS state) for the purpose of buying firearms. Just bring your state's DL, CAC, and a copy of your PCS orders to the dealer when you go to pick it up and fill out the 4473. This is incorrect. Fortunately, you did the correct thing by purchasing the suppressor in AK while you were stationed there. You may get away with buying guns in your home state while on PCS orders in another state, and there doesn't seem to be much interest in prosecuting servicemembers for doing so ... But the ATF is absolutely crystal clear that the ONE state you may legally purchase guns in is the state you are living in. The sole exception that I'm aware of is if you are a daily commuter from one state to a military installation in another - in that case you may buy in the state you are living in (only). Lots of AD servicemembers go home and buy guns on vacation. The ATF is not cool with this ... they are rolling the dice. You do not get to choose which state to purchase firearms in. |
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Quoted:
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I'm active duty Air Force, a Texas resident, and I bought a suppressor while stationed in Alaska. The gist of it is that an active duty member with PCS orders to another state becomes a resident of both states (resident/HOR state and PCS state) for the purpose of buying firearms. Just bring your state's DL, CAC, and a copy of your PCS orders to the dealer when you go to pick it up and fill out the 4473. This is incorrect. Fortunately, you did the correct thing by purchasing the suppressor in AK while you were stationed there. You may get away with buying guns in your home state while on PCS orders in another state, and there doesn't seem to be much interest in prosecuting servicemembers for doing so ... But the ATF is absolutely crystal clear that the ONE state you may legally purchase guns in is the state you are living in. The sole exception that I'm aware of is if you are a daily commuter from one state to a military installation in another - in that case you may buy in the state you are living in (only). Lots of AD servicemembers go home and buy guns on vacation. The ATF is not cool with this ... they are rolling the dice. You do not get to choose which state to purchase firearms in. Do you have a reference for the above info? |
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Do you have a reference for the above info? From the ATF FAQ: Q: What constitutes residency in a State?
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] |
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Do you have a reference for the above info? http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency Q: What constitutes residency in a State?
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. I made an error in my first post; if you're a daily commuter from one state to another where you have PCS orders, it looks like you can buy in either state. It sucks. I own a house in Virginia, my cars are registered in VA, my drivers license is from VA, I have a carry permit from VA, I'm registered to vote in VA, I pay state taxes on my .mil income in Virginia. But I'm PCS'd to California right now, so I can't buy guns when visiting VA. Even though I could easily walk into Bob's Gun Shop in Norfolk, show the right papers, and walk out with a gun 15 minutes later ... the ATF's not cool with it. ETA - beat by 10 minutes. 
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