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Military Question regarding state of residency

Discussion in 'Legal' started by Desert Scorpion, Oct 9, 2012.

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  1. Desert Scorpion

    Desert Scorpion Well-Known Member

    So I have an issue I have no house or residency in the United States but am a citizen of the Unites states and in the active duty army currently stationed in Germany. So I live in Germany with a house; my permanent duty station is in Germany. So what state am I legally allowed to buy a firearm in? I wanted to get a BAR 1918A3 SLR while visiting in December back in the states but am confused if I'm able to buy a firearm; specifically Las Vegas, Nevada.

    According the the ATF the web site shows: but nothing about permanent residency out of country.

    Q: What constitutes residency in a State?
    The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

    [18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
  2. tyeo098

    tyeo098 Well-Known Member

    You can buy a long gun from an FFL in any state.
    Handguns would have to go to an FFL in... Germany?

    Wait, what?

    Where would you keep this 1918A3? I dont think Germany would let you back in the country with it, nor are .mil bases very firearm friendly.
  3. CoRoMo

    CoRoMo Well-Known Member

    Do you not maintain residency of any state here whatsoever?
  4. Desert Scorpion

    Desert Scorpion Well-Known Member

    There is no way to maintain residency since I have no house or anything; I planned on buying the BAR and keeping it with my brother who is s,rationed in Washington till I return in 2 year. Does anyone have any legal proof to back that if I have my orders and I'd card I'm eligible to go to any state and purchase?
  5. mljdeckard

    mljdeckard Well-Known Member

    I know full well I maintained residency, voting status, tax status, and driving status in Utah while I was stationed in Germany. You must claim a state of residency on yout taxes, ask your S-1.

    As far as I know, to bring or take home guns, they must be listed on your orders and hand-carried.
  6. Bubbles

    Bubbles Well-Known Member

    So, you have no US driver's license or voter registration card? You don't file taxes in any state?
  7. Desert Scorpion

    Desert Scorpion Well-Known Member

    S-1 is very incompetent here or at least mine; apparently im registered in Illinois even though I don't have a house there nor am I registered to vote there; and I'm sure as hell not driving all the way to Illinois just to buy a rifle; is there any loophole that would allow me to purchase in Nevada; I may have to go to legal and change my residency not sure how or with what proof but I will ask; I find this weird that you can be taxed for a state you don't live in.
  8. bikerdoc

    bikerdoc Moderator

    Talk to your JAG officer if possible. He has more resources to get the correct info than the S1 or us.
  9. tyeo098

    tyeo098 Well-Known Member

    As I said, you can buy a rifle from an FFL in any state.
  10. Grmlin

    Grmlin Well-Known Member


    Normaly your state of residence is the state you lived in at the time you enlisted unless you change it yourself. I was a resident of Massachusetts untill I retired, I voted absentee and paid taxes even though I never owned a house there. I owned a house in Az and of course here in N.C. and had all the privilages of residency but didn't pay thier state taxes. I should have changed residency to a state with no state tax. There is more involved than just saying I want to be a resident of this state. So if you were a resident of Ill when you entered the service that should be the state your paying taxes to (unless they have no state tax) and be listed on your LES.
  11. Desert Scorpion

    Desert Scorpion Well-Known Member


    What is the basis for your claim to being able to purchase in any state? And what paperwork is required is a military ID and orders good enough? Have I delt with this before?,
    Thank you
  12. Desert Scorpion

    Desert Scorpion Well-Known Member

    Typo have you dealt with this before?
  13. Desert Scorpion

    Desert Scorpion Well-Known Member

    Currently I am an Illinois resident and pay taxes there; however all my family is on the west coast and I have to reason to go to Illinois so because of that is there anyway around it as to me buying a rifle or am I stuck to Illinois even though my residency is technically no citizen of Germany
  14. BullfrogKen

    BullfrogKen Moderator Emeritus

    Not any more weird than you being able to cast a ballot in a state you don't live in. But that's how things work for people serving in the military. Or even college students.

    Residency does not mean that you own a house in that state. It's where you "call home", where you live most of the time.

    It becomes a little complex for members of the military. Most members retain residency in the state where they entered the military from until they get to a permanent duty station and can establish residency in that state.

    Back when I was in, living in a military barracks wasn't enough. So I kept my residency in the state I entered military service from - Maryland. It's the state I paid my taxes to and voted in using absentee ballots.

    What state do you pay state taxes to? What state's drivers license do you have? What state are you registered to vote in?

    You're not going to be able to switch your residency to a state just because you want to. Otherwise a whole bunch of us military members would declare residency in a state with no sales tax.
  15. Grmlin

    Grmlin Well-Known Member

    If the state your family is in is a state you want to be a resident of the next time you visit them on leave get your drivers license there and change it with your S-1 also check with the state on residency requirements. You can also talk to your S-1 or legal (JAG) office to see if there is another way to change your residency. Buying a long gun is not like buying a pistol you can generaly get a long gun without being a resident just ask the dealer, some states may be stricter than others. You can purchase a pistol but cannot take possesion of it, it has to be sent to a dealer in your state of residency. Unless you are stationed there and have a copy of your PCS orders showing that you were permanently assigned there (at least untill the next set of orders). I had a concealed carry from Ma and N.C. at the same time I was a legal resident of Ma but was stationed here in N.C. When I was in Az I purchased handguns and long guns
    Last edited: Oct 9, 2012
  16. Desert Scorpion

    Desert Scorpion Well-Known Member

    When u where in Arizona what did they require for you to purchase your rifle? Should I contact and FFL in Nevada or Arizona and see there 2 cents. How can u tell what states allow out of state residence to purchase rifles?
  17. Grmlin

    Grmlin Well-Known Member

    Well if my memory serves me well all I needed for the long gun was my ID (MA. driver license and military). When I purchased my pistols I showed my ID's and a set of the orders stationing me there. After the first two purchases I just did the basics because I was in there alot and they got to know me, this was also about 20+ years ago. When you talk to the dealer they should be able to tell you all the requirements. If you purchase online it has to go to a FFA dealer so I don't know about getting it to Germany. If we have some dealers on here it would be nice to get there .02 cents also talk to your legal if you plan to try and have it sent to Germany many laws there to figure out.
    Last edited: Oct 9, 2012
  18. NavyLCDR

    NavyLCDR member

    Desert Scorpion....

    Do you have a photo ID from any state such as a driver's license or state issued ID card.

    18 USC 922 (b)(3) states:

    State of residency can be proven to an FFL for use on the form 4473 by an active duty military member in one of three ways:

    1. Present a state issued photo ID card or driver's license that is from the same state you are claiming to be a resident of,

    2. Present an Active Duty Military ID card and a copy of permanent duty station orders to the state you are claiming to be a resident of (won't work for you, since your orders are to Germany),

    3. Present any government issued photo ID such as driver's license or your active duty mility ID card. In addition, present an additional government document such as tax record, voter registration card, vehicle title/registration that shows residency in the state you are claiming.

    According to Federal Regulations, however, 27 CFR 478.11, for the purposes of firearms transactions you technically have no state of residence because you are not present in any state with the intention of making a home there and are not ordered on active duty orders to any state:

    Your Home of Record state has no bearing at all on firearms transactions.

    18 USC 922 link:

    27 CFR 478.11 link:
  19. BullfrogKen

    BullfrogKen Moderator Emeritus

    Since you declined to answer I looked back through your posting history and saw an attempt to get a California driver's license. Guess you got it? Maybe not? If you did it's going to be even tougher for you to complete the purchase, being an Illinois resident with a California driver's license.

    You know, I've really got to ask what the pressing reason is that you buy this while you're home on leave. I understand you as saying you want to purchase the rifle while you're in Vegas, and I guess shipping it to your brother in Washington state? That's going to add to the cost.

    I guess you can call some dealers in Vegas and see if one will accomodate you, but it sounds like a big hassle to go through to buy a gun you won't see much of for two years. Is there some reason why you can't wait until you rotate back to the states and buy it when you get to your next stateside duty station?
  20. Bubbles

    Bubbles Well-Known Member

    Do you have an Illinois FOID? Because without one no FFL in the country should sell you a gun - we have to abide by the laws both in our state and in your state of residence.
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