Military State Residence if commute from different State

[merlynda]

Trying to determine the law in Virginia regarding:

Military State Residence if commute to duty from different State than Permanent Duty Station orders.

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)

[merlynda]

I called the Virginia State Police to get an answer to my question and if Active Duty Military, need PCS orders to Virginia, proof of Virginia address, and military ID plus drivers license to purchase a handgun in Virginia.

Virginia does NOT follow fereral law regarding commuting.

-Merlynda

P.S. What is the avenue to lobby the State legistlation to change this?

[Diomed]

P.S. What is the avenue to lobby the State legistlation to change this?

You can start calling and writing your delegate and senator now. Nothing can happen until next year, but you may as well get started if it's a one-man crusade.

[Chingon]

Buying at your local PX should alleviate this problem Ft. Belvoir and Quantico both have gun stores. Not that you shouldn't be limited but it could be a potential solution.

[rromeo]

If you have PCS orders to Virginia and your military ID, you may buy a gun in Virginia. You do NOT need a VA DL.

[ Post made via Mobile Device ]

[merlynda]

If you have PCS orders to Virginia and your military ID, you may buy a gun in Virginia. You do NOT need a VA DL.

[ Post made via Mobile Device ]

According to my Virginia State police office Active Duty military will need to show a DL from their home State. I did not mean a Virginia DL.

[Chingon]

Folks he stated he lives in VA, has an out of state DL, but his orders are to report to Washington DC for duty. Will the orders nagate him from buying a pistol (?)? Virginia has reciprocity laws to purchase rifles and shotguns from different states. If you let a dealer know what state you are from he should be able to tell you whether you can purchase or not.