FTF Sale with a service member

[RO73]

My cousin wants to buy one of my guns. He is a Texas resident but currently stationed in Quantico. Since his orders are here in VA, can we do a FTF sale or do we need to go thru an FFL? Thanks in advance.

[jdonovan]

For residency purposes, if his orders are PCS, and not TDY, he is a resident of Virginia.

http://www.justice.gov/olc/2012/ATF90da ... -30-12.pdf

Code: Select all

As noted above, section 921(b) states that “a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located” for the purposes of the firearms provisions of title 18. This language provides clear textual support for ATF’s conclusion that the “State of residence” of active duty military personnel should be determined under a different standard than the one applicable to other persons. See 27 C.F.R. § 478.11 (2011) (“If an individual is on active duty as a member of the Armed Forces, the individual’s State of residence is the State in which his or her permanent duty station is located.”).

[RO73]

For residency purposes, if his orders are PCS, and not TDY, he is a resident of Virginia.

http://www.justice.gov/olc/2012/ATF90da ... -30-12.pdf

Code: Select all

As noted above, section 921(b) states that “a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located” for the purposes of the firearms provisions of title 18. This language provides clear textual support for ATF’s conclusion that the “State of residence” of active duty military personnel should be determined under a different standard than the one applicable to other persons. See 27 C.F.R. § 478.11 (2011) (“If an individual is on active duty as a member of the Armed Forces, the individual’s State of residence is the State in which his or her permanent duty station is located.”).

His orders are PCS. Thank you for clarifying. I just want to make sure we don't break any laws.

[OldEagle]

Well, this ATF determination is news to me, and it could have some unpleasant wrinkles associated with it. If a service member's duty station is in DC, but the member lives in VA (mailing address, maybe even owns a house) the member is a DC resident? All kinds of geographical permutations up here in the DC metro area, and almost none of them good if this is the standard.

[jdonovan]

If a service member's duty station is in DC, but the member lives in VA (mailing address, maybe even owns a house) the member is a DC resident? All kinds of geographical permutations up here in the DC metro area, and almost none of them good if this is the standard.

Yes the member is a DC resident. The member has the CHOICE to establish their home of record in any state they were stationed in while they were there, or now presently reside in. The member could select Virginia as their second place of residency.