FTF Transfer Question


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Langenator
September 30, 2004, 11:57 AM
From the recent flap over John Kerry and the gift shotgun he received (and then apparently gave back), apparently two private citizens who happen to reside in different states cannot legally transfer a piece of private property from one to another if said property happens to be a gun, even if they meet face to face to conduct the transaction.

So, here's my question: I am legally a resident of the state of Washington. however, I am in the Army and currently stationed in South Carolina. I have a SC resident CWP, and I live here, temporarily. Can I, legally, purchase a firearm in a face to face transaction without involving an FFL?

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OEF_VET
September 30, 2004, 12:07 PM
Yes, you may.

I believe a lot of the problem in the Kerry/shotgun debacle was the fact that Kerry is a resident of Massachusetts (other than the obvious fact of Kerry being a left-wing, liberal Democrat). When I lived in Maine, a lot of M???????s would drive up to Kittery and buy guns at the Kittery Trading Post (if you're ever in southern Maine, you have to check it out). They couldn't take them home with them, even if it was a long-gun. They had to have it shipped to a local FFL. It's a MA state law that causes the issue.

HTH,
Frank

EOD Guy
September 30, 2004, 12:10 PM
BATF considers military personnel residents of the state to which they are assigned. All you need to purchase in SC is your military ID and assignment orders.

It is possible for active duty military personnel to be residents of 3 different states as far as BATF is concerned. One is your home of record. Also, some military bases extend over more than one state. For example, if you were stationed at Ft Cambell, KY, you would be considered a resident of both KY and TN because of your military assignment. Another example BATF gave is for someone assigned to Andrew AFB in Md who lived in VA and commuted to Andrews. The individual would be a resident of both MD and VA.

FPrice
September 30, 2004, 12:14 PM
"I am legally a resident of the state of Washington. however, I am in the Army and currently stationed in South Carolina. I have a SC resident CWP, and I live here, temporarily. Can I, legally, purchase a firearm in a face to face transaction without involving an FFL?"

I think it would partially depend upon South Carolina law. IF SC allows individuals to sell from one to another without going through an FFL, you should be able to.

IIRC your military status allows you to act like a SC resident for purposes such as buying firearms in SC, and requires you to follow SC law, regardless of what your home state is.

One question about your residence, which state driver's license do you have, WA or SC? (I don't think it makes a difference other than a minor technical point).

Langenator
September 30, 2004, 12:41 PM
Drivers License and Voter Registration are from WA.

And on EOD Guy's topic, at least in the Army, Home of Record and state of legal residence can be two separate places. It is for me.

Home of Record is where you were a resident when you joined the Army. For me, this is California. When you leave active duty, this is where the Army will pay to ship all your stuff. If you're stationed at Ft Sill, OK, and your home of record is Lubbock, Texas, that's how far Uncle Sam will pay to ship your stuff. Doesn't matter that you've got a new job in Miami.

Legal residence is the state of which you are a legal resident. This is mainly, as far as I can tell, a tax thing-so they know how much, if any, state income tax to suck out of your paycheck. If you look at my LES, it says I live in WA.

EOD Guy
September 30, 2004, 01:36 PM
You're right about the home of record. When I was in you had a home of record and a domicile, which was your legal residence. They can be different, but for most people, it was the same. My home of record and my domicile were both in Nevada for the 21 years I was in.

Leatherneck
October 1, 2004, 01:29 PM
The BATFolk just sent FFL holders an update to clarify this point of regulation. They used the exact example EOD GUY cited above. A soldier stationed at Ft. Cambell, Kentucky could be a legal resident (for ATF purposes) of TN (house), Kentucky (duty station) and any third state (home of record). Surprisingly enlightened of them. :neener:

TC
TFL Survivor

Langenator
October 1, 2004, 06:48 PM
Most excellent. So if I find a good KalishniKlone in the Carolina Trader, I can just go out and buy it. :cool:

OEF_VET
October 2, 2004, 04:00 AM
RE: residency and Ft. Campbell, KY

Most of the gun shops in Clarksville, TN are pawn shops, owned by the same company. These folks don't care what the law is, their company policy is to not sell to soldiers unless they have a TN drivers' license showing an address within the borders of TN. A TN license with an address of FT. Campbell, KY (which is perfectly legit) won't cut it with them. There are a few who do know the law and abide by it. In those shops, it is necessary to show your military ID, a copy of your orders assigning you to post and a recent memo from your commander, stating that you are, in fact, assigned to that unit. I believe they also require the most recent copy of your LES, to show that you are still a soldier. It wouldn't be that difficult to type a forged memo and sign it, afterall.

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