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Another military gun law question

The Code of Virginia is not preemptible by local statute

Another military gun law question

Postby Mooha182 » Mon, 24 Oct 2011 19:55:03

I am active duty military and just PCS'ed from Germany to the national capitol area. My orders are for bolling / anacostia which has a DC zip code. I physically live in Northern Virginia on a military base. My drivers license and residency are still in Florida, but my car has VA plates / registration / insurance etc.

I wanted to buy a handgun now that I am back in the states but I am in a catch 22: I can't buy a handgun since my orders aren't for VA and I can't change my residency without loosing all of my college scholarships, being taxed to hell, and loosing some other benefits.

Can I get a Virginia state ID (not DL), and use Virginia vehicle paperwork to purchase a handgun? It confirms to the primary ID must be issued by the DMV with the required stuff, and the secondary just being proof of a physical residence? Since I can't have two state driver's licenses, a state ID is my only option.


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Re: Another military gun law question

Postby Yarddawg » Tue, 25 Oct 2011 17:43:41

You say that you live in VA, you should be good to go for a Virginia ID.

Now go get it and post pictures of your new toy! :lovegunporn:
Engage your brain!


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Re: Another military gun law question

Postby Mooha182 » Wed, 26 Oct 2011 17:56:03

Yarddawg wrote:You say that you live in VA, you should be good to go for a Virginia ID.

Now go get it and post pictures of your new toy! :lovegunporn:


Well I went to two DMV's today (apparently the first one doesn't do anything with DL's, ID's etc.) and found that I can't have a ID card plus a DL no matter what. I switched my DL (after checking with my scholarship provider) and now I can't buy a handgun because my license isn't over 30 days old... :thumbsdown:

Start the clock: 4 weeks (plus another 1-2 to actually pickup the gun!)

Retarded but not nearly as Germany's gun laws.


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Re: Another military gun law question

Postby merlynda » Fri, 24 Feb 2012 08:30:17

From the ATF website:

http://www.atf.gov/firearms/faq/unlicen ... te-firearm

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]

Does anybody know if Virginia Law recognizes the part that says:

"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"

This is an important disctinction as many military live in Virginia but work in DC or Maryland or vice-versa. (i.e. orders to DC but live in VA)

Read more: post113560.html#p113560#ixzz1nIluRLPS


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