H.R. 218/OOS purchase Question


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cdsdss
November 26, 2008, 10:52 AM
Hey all, I've got a question that no one seems to be able to give me a straight answer to, and I'm hoping someone here can help:

I'm currently in Iraq, completing a one-year tour of duty. I'll be taking home leave in Wisconsin. I'm a resident of Virginia and Federal LEO covered by H.R 218. Can I legally purchase a handgun in Wisconsin without being a resident? Does H.R. 218 cover this? It doesn't seem to, but I'm getting conflicting opinions.

Thanks.

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Bubba613
November 26, 2008, 11:05 AM
I'm not sure what HR218 specifies but my gut on this is no. If your LE dept were buying a gun on letterhead that might be different.

MAKster
November 26, 2008, 11:35 AM
H.R. 218 exempts qualified current and retired law enforcement officers from state concealed carry laws. There are no provisions related to purchasing firearms. Here is a link to the full text of the law.
http://www.leaa.org/218/218text.html

everallm
November 26, 2008, 12:03 PM
As MAKster has pointed out the CCW regulation only covers a pre-owned handgun.

As an individual (even a LEO) you are only permitted to purchase and take possession of a handgun in your home state.

The only exemption is if you meet the ATF's definition of a dual resident of Wisconsin and Virginia and from your description of taking a vacation, you will not pass.

You CAN purchase at an out of state FFL and have the handgun sent to an FFL in your home state, you just can't take possession in the non resident state.

You can also send a handgun you already possess in Virginia to yourself in Wisconsin via a common carrier (UPS etc, not USPS).

GRIZ22
November 26, 2008, 03:41 PM
Can I legally purchase a handgun in Wisconsin without being a resident? Does H.R. 218 cover this?

LEOSA (HR218) does not allow you to purchase a handgun out of state. Last I looked (about 3 years ago) there are provisions for you to purchase a handgun out of state due to the fact you're an LEO. You need a letter from your agency and it has to be a handgun you could use at work. I've known Federal LEOs that have done this. You also need to find an FFL that's aware of this.

NavyLCDR
November 27, 2008, 05:55 AM
This is what you must comply with to purchase a firearm using any law enforcement exception:


27 CFR 478
478.134 Sale of firearms to law enforcement
officers.
(a) Law enforcement officers purchasing
firearms for official use who provide
the licensee with a certification on agency
letterhead, signed by a person in authority
within the agency (other than the officer
purchasing the firearm), stating that the
officer will use the firearm in official duties
and that a records check reveals that the
purchasing officer has no convictions for
misdemeanor crimes of domestic violence
are not required to complete Form 4473 or
Form 5300.35. The law enforcement officer
purchasing the firearm may purchase
a firearm from a licensee in another State,
regardless of where the officer resides or
where the agency is located.
(b) (1) The following individuals are
considered to have sufficient authority to
70
certify that law enforcement officers purchasing
firearms will use the firearms in
the performance of official duties:
(i) In a city or county police department,
the director of public safety
or the chief or commissioner of police.
(ii) In a sheriff's office, the sheriff.
(iii) In a State police or highway
patrol department, the superintendent
or the supervisor in charge of the office
to which the State officer or employee
is assigned.
(iv) In Federal law enforcement offices,
the supervisor in charge of the
office to which the Federal officer or
employee is assigned.
(2) An individual signing on behalf of
the person in authority is acceptable,
provided there is a proper delegation of
authority.
(c) Licensees are not required to prepare
a Form 4473 or Form 5300.35 covering
sales of firearm made in accordance
with paragraph (a) of this section to law
enforcement officers for official use. However,
disposition to the officer must be
entered into the licensee's permanent
records, and the certification letter must be
retained in the licensee's files.

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