ATF 4473 and Residency (Military PCS/TDY)

[Queen_of_Thunder]

In Texas a military member has to show a copy of their PCS orders and ID card that's it.

 

[dogtown tom]

Bubbles

Quote:
Nobody ever bothers to read the instructions to "Current Residence Address" or "State of Residence" in the Form 4473.

The problem isn't the 4473, it's Virginia's additional residency requirement.

The problem is no one reads the instructions on the 4473. There are folks in this thread throwing out terms like "domicile" which has nothing to do with "State of Residence" or Current Residence Address".

pdsmith505 I whole-heartedly agree. Still, that is nowhere near as annoying as when someone makes a snide remark to an honest question without reading the discussion that has already followed.

Lighten up Francis.
The comment was not directed at you.

 

[pdsmith505]

The problem is no one reads the instructions on the 4473. There are folks in this thread throwing out terms like "domicile" which has nothing to do with "State of Residence" or Current Residence Address".

But there is some ambiguity in the instructions on the back of the 4473. I bought my home in VA after receiving orders there. I've yet to arrive there permanently, so do I "intend to make a home" yet?

Going the the CFR's, Example 1 seems to fit my situation the best:

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.

Does this, in fact, mean I'm a resident of VA? I've come to the conclusion that it does, we'll see if the LGS agrees I suppose.

Lighten up Francis.
The comment was not directed at you.

My bad then, it sure seemed to fit what I had posted.

 

[NavyLCDR]

But there is some ambiguity in the instructions on the back of the 4473. I bought my home in VA after receiving orders there. I've yet to arrive there permanently, so do I "intend to make a home" yet?

Does this, in fact, mean I'm a resident of VA? I've come to the conclusion that it does, we'll see if the LGS agrees I suppose.

Again, there are two separate issues. The first issue is are you a resident of that state. That is largely a decision that the individual purchaser makes when you are standing at the gun store counter. You answer the questions in Federal regulations yourself: #1, "Am I present in this state with the intention of making a home here?" or #2, "Is this state my current duty station as stated on my Permanent Change of Duty Station orders that I have executed?" If you truthfully answer yes to either one of those questions, than you are a resident of that state.

You don't really have an issue defining your state of residency. When you are standing in GA, going to your TDY school in GA, you are present in GA with the intention of living in GA for the duration of your school. Therefore, you are a resident of GA for the purpose of firearms transactions.

If you have a home in VA that you intend to occupy in the immediate future (not after 20 years when you retire that you are renting to someone else until then), when you are standing in VA with the intention of occupying the home in Virginia - then for the purposes of firearms transactions you are a resident of Virginia.

Since you have not executed the PERMANENT change of duty station portion of your orders yet, your actual permanent duty station is still where you came from - which is CA - which does nothing for you. Once you do check into your command in VA - then you will be a resident of VA by virtue of your orders there. If you live in a neighboring state and commute every day you will ALSO be a resident of that second state by virtue of being present there with the intention of living there.

That is the first issue. Where your problem lies is not residency. Your problem is obtaining/providing a government issued document that meets the legal requirement to prove that residency to an FFL.

In addition this is only an issue when trying to purchase a firearm other than a rifle or shotgun from an FFL. Let's say you lived next door to me in Georgia. I could sell you a handgun, perfectly legal, no documentation required, because I would also know that you were obviously in the house/apartment next door to me with the intention of living there and that is all the proof required in most states for a private sale.

 

[pdsmith505]

Like I said, I have come to the same conclusions. I was, at this point, just discussing the federal residency requirements. As it turns out, I tested your theory today in GA...

I'm a resident of GA with an address of "USS Submarine, Kings Bay, GA" according to the LGS here. Pistol was also $50 cheaper than in VA, and fits in my pocket better than the other one.

Neat!

 

[HexHead]

There is no need to even show a driver's license if the person is using their active duty military ID card as proof of identification and orders as proof of residency. My opinion is just the opposite - I would not muck it up by showing a driver's license

Except he said when the dealer saw orders not putting him in VA yet, wouldn't complete the sale.