Private Transfer between military non-resident

[skypig53e]

I can't seem to find an answer anywhere else so maybe someone here can point me in the right direction. I am a VA resident that also happens to be stationed here in VA. I purchase firearms regularly and have a carry permit. A friend I work with here on base wants to sell me his Springfield XD9 but he is not a VA resident. He does , however, have "original orders" which is all that is required for him to transfer with an FFL. Does that allow him to transfer the weapon to me or does being a non resident prevent him from doing so?

Thanks in advance

[Moccasin]

I would have to say that since VA law considers him to be a resident for FFL purchases he should be considered a resident for private sales also.

[ProShooter]

I would have to say that since VA law considers him to be a resident for FFL purchases he should be considered a resident for private sales also.

I agree that you should be ok. Do this as well, just write up a receipt with your current Va. address and his current Va. address. IANAL, but if the seller says "I live here", then I'd think you have made a good faith effort to believe that he "lives" in Virginia.

Many folks "live" here but have not changed over driver's licenses, cell phone bills, etc....

Again, its your call. How long has he "lived" here? He may be a resident and not even know it himself!

[alby]

I can't seem to find an answer anywhere else so maybe someone here can point me in the right direction. I am a VA resident that also happens to be stationed here in VA. I purchase firearms regularly and have a carry permit. A friend I work with here on base wants to sell me his Springfield XD9 but he is not a VA resident. He does , however, have "original orders" which is all that is required for him to transfer with an FFL. Does that allow him to transfer the weapon to me or does being a non resident prevent him from doing so?

Thanks in advance

This is an interesting question, because its more about the seller than the buyer. Assuming this is a private transaction,
it would appear it is perfectly legal. Residency only seems to apply in the case of the buyer, not the seller. Federal law prohibits
the sale or transfer of "handguns" to non-state residents, but says nothing about the seller. Active duty military folks are
consider VA residents if they are stationed in VA. So if your buddy is in the military, he technically is a VA resident.

It seems as though you should be fine. The buyer has more restrictions and hoops to jump through than the seller.

[allingeneral]

Again, its your call. How long has he "lived" here? He may be a resident and not even know it himself!

If he's a military member with "Home of record" in another state, then he is not a resident of Virginia no matter how long he is here. Residency doesn't apply the same to military as it does to a civilian who moves here and lives here for 6 months.

That said, I would agree that his official orders and the fact that he is allowed FFL transfers in Virginia would make it OK to make the sale. IANAL!