FTF pistol transfers in Missouri


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BorisDaBastid
June 25, 2008, 08:15 PM
I've already made the usual searches and found nothing that completely answeared my question on this matter, so...

I'm going to be home on R&R in a few days and I'm planning on buying a pistol from my FIL. I'm not sure on missouri's laws on this, and all the state regs are written in legalease, a language that is harder to understand than the local arab scribble.

Can anyone tell me if there are any forms or other such Bravo Siearra that I've got to handle so that both my FIL's and my 4th point of contact are covered from the law's point of view?

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HuntAndFish
June 25, 2008, 11:10 PM
If you and your FIL are both residents of Missouri then there are no requirements for permits to acquire (PTA law ended Aug 2007) or registration of firearms (long or short). FTF transactions are handled just like any other private property. Whether a bill of sale is required is up to the parties involved but is a good idea.

BorisDaBastid
June 25, 2008, 11:37 PM
much thanks!

That should make things alot easier. Seein as how I'm stationed in germany, deployed to Iraq, buying firearms is one of the hardest things I've ever done. My pops bought my last one for me, and that, along with my Mosin and soon to be pistol, are all kept at their house. I have to get into 3rd and 50th party stuff some times ;)

Boris

Technosavant
June 26, 2008, 12:59 PM
The only question is that of your residence. I'm not sure how that works for military servicemen and servicewomen who are posted outside the US.

If you are not considered a MO resident and there is no law allowing someone in your situation to make that purchase, then it is illegal to make that transfer, but that's a federal law. As far as the state is concerned, as HuntAndFish said, in MO handguns are now treated like long guns when it comes to purchase.

BorisDaBastid
June 26, 2008, 01:13 PM
Thanks for all the info. I am considered a resident of the great MO. I pay MO taxes on my military income, vote in the state via absentee ballot, and have a valid DL. I should have no probs. Thanks again

NavyLCDR
June 27, 2008, 09:11 PM
Thanks for all the info. I am considered a resident of the great MO. I pay MO taxes on my military income, vote in the state via absentee ballot, and have a valid DL. I should have no probs. Thanks again

Actually, no, not quite. According to 27 CFR 478.11, if you are military, your residence state for the purpose of buying firearms is the state you are stationed in according to your orders, and a nearby state if you actually live in a state nearby your orders (such as stationed in Maryland, but live in Virginia). In order to legally buy and/or receive a handgun in your home of record state, you must actually, physically reside in that state for at least part of the year, so most military members can't legally receive a handgun in their home of record states, even though they do all the things you mentioned.

CITE: 27CFR478.11
State of residence. The State in which an individual resides. An
individual resides in a State if he or she is present in a State with
the intention of making a home in that State. 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. An alien who is legally in the United States shall be
considered to be a resident of a State only if the alien is residing in
the State and has resided in the State for a period of at least 90 days
prior to the date of sale or delivery of a firearm. The following are
examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a
hunting, fishing, business, or other type of trip. A does not become a
resident of State Y by reason of such trip.
Example 2. A is a U.S. citizen and maintains a home in State X and a
home in State Y. A resides in State X except for weekends or the summer
months of the year and in State Y for the weekends or the summer months
of the year. During the time that A actually resides in State X, A is a
resident of State X, and during the time that A actually resides in
State Y, A is a resident of State Y.

HuntAndFish
June 29, 2008, 07:05 AM
Seein as how I'm stationed in germany, deployed to Iraq,

your residence state for the purpose of buying firearms is the state you are stationed in according to your orders,

Hm. What about his situation then LT? Boris isn't stationed stateside. You haven't clarified the situation, only muddied it.

NavyLCDR
June 29, 2008, 09:35 AM
You haven't clarified the situation, only muddied it.

Actually, I was just posting what the Federal law says. I was under the mistaken idea, for a while, that because I have a Wyoming driver's license and claim Wyoming as my permanent home of record that I could buy handguns in Wyoming. And that is just not what the law says. The law says you must have a physical residence where you actually physically reside for part of a year to be a resident.

If Boris has orders to a location stateside, and he is stationed to a detatched location overseas, then the state his home unit is located in would be the state of residence. Like my unit is permanently based in Washington state, but we have permanent detachments in Germany and Japan.

If his permanent duty station on his orders is Germany, and he comes home on leave, and his only actual physical residence in the US is, let's say, his parents home in MO, then I would venture to say it's legal for him to purchase in MO.

However, in my situation, I have no physical residence in Wyoming. It would be illegal for me to purchase a handgun in Wyoming even though I have a Wyoming driver's license. That being said, it is very difficult for someone like my wife, who is not required to get a Washington driver's license, even though she is a Washington resident and has a Washington Concealed Pistol License to buy a handgun in Washington because the FFL's want to see a Washington state ID card which is not required for her to have by state law.

The FFL's, in my opinion, rely entirely too much upon a state ID card to verify state of residence. They are required to verify the identity of buyer and the state of residence by whatever combination of documents is required to prove both of those. My wife should be able to buy a handgun in Washington because has an ID card that shows she is my military dependent and I am stationed to Washington and she has the Washington Concealed Pistol License which has our Washington address on it, but the FFL's won't sell to her because she does not have a Washington state photo ID card, which she, by state law, is not required to get.

HuntAndFish
June 29, 2008, 10:54 AM
The law says you must have a physical residence where you actually physically reside for part of a year to be a resident.

If Boris has orders to a location stateside, and he is stationed to a detatched location overseas, then the state his home unit is located in would be the state of residence.

Sounds like he is good to go then. Thanks for that.

My wife should be able to buy a handgun in Washington because [she] has an ID card that shows she is my military dependent and I am stationed to Washington and she has the Washington Concealed Pistol License which has our Washington address on it, but the FFL's won't sell to her because she does not have a Washington state photo ID card, which she, by state law, is not required to get.

I agree she should. We make up all of these rules, then no one can figure out the proper procedures. :)

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