Active Duty Non-Resident Question
Active Duty Non-Resident Question
I'm pretty sure I know the answer after reading the code, but I'm hoping someone bails me out with an angle I haven't found. I am active duty living in Virginia. I am a Texas resident. I wake up in the morning in Virginia (I own a home here), I drive through Virginia to get to work, I work in Virginia (not the Pentagon), I drive through Virginia to get home, and I arrive home in Virginia. At no time do I leave the state of Virginia on my home-work-home cycle. Guess what? Due to consolidation and mail delivery issues, my orders show my duty location as DC. So am I SOL when it comes to purchasing a firearm in Virginia? I am trying to work on getting my orders amended to show my actual duty location, but that's an uphill battle as I will be a "special case." My interpretation is that I am not able to legally (and that's the only way I'll do it) purchase a firearm in Virginia. Please tell me I'm wrong, please!?!
Re: Active Duty Non-Resident Question
I'm assuming you have a TX driver's license? I'd take a copy of orders, Mil ID, a utility/phone bill with address, and your driver's license and give it a shot. I don't think you are the only active duty military member with a duty station in DC (at least according to your orders), but living in VA wanting to purchase a firearm. I would think this would be a common occurrence in NOVA. If it is a problem just get a VA driver's license while you are stationed here.
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SilentServiceVet
- Sharp Shooter
- Posts: 247
- Joined: Mon, 19 Mar 2012 19:54:29
- Location: Stafford, VA
Re: Active Duty Non-Resident Question
You can try to purchase using your an official copy of your orders, but if it lists "DC" that could be a problem, even if your command is physically located in the Commonwealth of Virginia.
According to the Virginia State Police web site:
Military Personnel
Active military personnel permanently stationed in Virginia, including the Pentagon, are treated as Virginia residents for the purchase of a handgun.
Identification and residency are established by the following:
A military photo-identification card issued by the United States Department of Defense and proof that Virginia is the permanent duty station via current military assignment orders is acceptable identification and residency documentation to establish military personnel as residents of Virginia.
If permanently assigned to a mobile unit in Virginia, and the homeport is listed as Virginia; the transaction may be processed as a Virginia resident the same as any other permanent military assignment to Virginia supported by military assignment orders. The individual is treated as a non-Virginia resident if the homeport is listed as any place other than Virginia.
Individuals retired from military service are subject to the same identification and residency requirements as any other person wishing to purchase a firearm; i.e., a primary and secondary form of ID.
You could otherwise try to purchase using a primary and secondary identification, as indicated below, but if you don't have a Virginia driver's license, then finding another "primary identification" to use, that contains all of the things that the VSP requires (e.g. individual’s name, race, sex, address, and date of birth), could be difficult:
Primary Identification
The primary form of ID shall consist of a valid photo-ID form issued by a governmental agency of the Commonwealth or of the prospective purchaser or transferee’s home state that denotes the individual’s name, race, sex, address, and date of birth. Where the primary form is a photo-ID issued by the Virginia Department of Motor Vehicles (DMV), the dealer shall not transfer a firearm to the prospective purchaser until 30-days after the date of issue of an original or duplicate driver's license unless a copy of his/her DMV driver's record is presented showing that the original date of issue was more than 30-days prior to the attempted purchase.
The primary form of ID for a non-Virginia resident, for the purchase of a rifle or shotgun, must consist of a valid photo-ID issued by a governmental agency of the prospective purchaser’s home state that denote the purchaser’s name, race, sex, date of birth and address. Federal law prohibits the sale or transfer of a handgun to a nonresident of the state in which the handgun is being purchased.
Secondary Identification
The secondary form of identification, for Virginia residents and residents of other states, must show an address identical to that shown on the primary form of identification. Some acceptable forms of secondary ID are:
•a current lease,
•evidence of currently paid personal property tax or real estate tax,
•a current utility or telephone bill,
•a current voter registration card,
•a current bank check,
•a current passport,
•a current automobile registration and
•current hunting or fishing license.
According to the Virginia State Police web site:
Military Personnel
Active military personnel permanently stationed in Virginia, including the Pentagon, are treated as Virginia residents for the purchase of a handgun.
Identification and residency are established by the following:
A military photo-identification card issued by the United States Department of Defense and proof that Virginia is the permanent duty station via current military assignment orders is acceptable identification and residency documentation to establish military personnel as residents of Virginia.
If permanently assigned to a mobile unit in Virginia, and the homeport is listed as Virginia; the transaction may be processed as a Virginia resident the same as any other permanent military assignment to Virginia supported by military assignment orders. The individual is treated as a non-Virginia resident if the homeport is listed as any place other than Virginia.
Individuals retired from military service are subject to the same identification and residency requirements as any other person wishing to purchase a firearm; i.e., a primary and secondary form of ID.
You could otherwise try to purchase using a primary and secondary identification, as indicated below, but if you don't have a Virginia driver's license, then finding another "primary identification" to use, that contains all of the things that the VSP requires (e.g. individual’s name, race, sex, address, and date of birth), could be difficult:
Primary Identification
The primary form of ID shall consist of a valid photo-ID form issued by a governmental agency of the Commonwealth or of the prospective purchaser or transferee’s home state that denotes the individual’s name, race, sex, address, and date of birth. Where the primary form is a photo-ID issued by the Virginia Department of Motor Vehicles (DMV), the dealer shall not transfer a firearm to the prospective purchaser until 30-days after the date of issue of an original or duplicate driver's license unless a copy of his/her DMV driver's record is presented showing that the original date of issue was more than 30-days prior to the attempted purchase.
The primary form of ID for a non-Virginia resident, for the purchase of a rifle or shotgun, must consist of a valid photo-ID issued by a governmental agency of the prospective purchaser’s home state that denote the purchaser’s name, race, sex, date of birth and address. Federal law prohibits the sale or transfer of a handgun to a nonresident of the state in which the handgun is being purchased.
Secondary Identification
The secondary form of identification, for Virginia residents and residents of other states, must show an address identical to that shown on the primary form of identification. Some acceptable forms of secondary ID are:
•a current lease,
•evidence of currently paid personal property tax or real estate tax,
•a current utility or telephone bill,
•a current voter registration card,
•a current bank check,
•a current passport,
•a current automobile registration and
•current hunting or fishing license.
Some ships are designed to sink ... others require our assistance.
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SilentServiceVet
- Sharp Shooter
- Posts: 247
- Joined: Mon, 19 Mar 2012 19:54:29
- Location: Stafford, VA
Re: Active Duty Non-Resident Question
Naturally if you were to surrender your TX driver's license and get one for VA, that would resolve the issue -- but I would completely understand if you have no desire whatsoever to relinquish your TX DL.
Now, I placed a call to the excellent guys over at Quantico Tactical (located in Q-Town inside MCB Quantico), and spoke with Bob, the manager. He said there are certain circumstances in which you can use your orders as they are currently written. For example, if your orders said "DC", but you're stationed at the Pentagon (which I realize that you're not), then you're good to go. Bob said there are some other VA-based commands listed as DC that are likewise acceptable for the purpose of purchasing a firearm. He just needs to know what your orders say exactly. So, if you PM me with your command and command address, I can run it by Bob and see what he says, or you're welcome to pass that information directly to him as well: 703-630-2715.
Good luck.
Now, I placed a call to the excellent guys over at Quantico Tactical (located in Q-Town inside MCB Quantico), and spoke with Bob, the manager. He said there are certain circumstances in which you can use your orders as they are currently written. For example, if your orders said "DC", but you're stationed at the Pentagon (which I realize that you're not), then you're good to go. Bob said there are some other VA-based commands listed as DC that are likewise acceptable for the purpose of purchasing a firearm. He just needs to know what your orders say exactly. So, if you PM me with your command and command address, I can run it by Bob and see what he says, or you're welcome to pass that information directly to him as well: 703-630-2715.
Good luck.
Some ships are designed to sink ... others require our assistance.
Re: Active Duty Non-Resident Question
Thanks everyone. It seems like right now I just have to hope to get with an FFL who will work with me (appreciate the heads up on Quantico Tactical, will check in with them). I'm also working the hard road of trying to get my orders amended to show VA as my duty station. Check back in a few years to see how I'm doing with that! Thanks again.