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H.R. 218/OOS purchase Question

Discussion in 'Legal' started by cdsdss, Nov 26, 2008.

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  1. cdsdss

    cdsdss Member

    Nov 21, 2005
    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.

  2. Bubba613

    Bubba613 member

    Aug 2, 2007
    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.
  3. MAKster

    MAKster Member

    Jul 8, 2006
    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.
  4. everallm

    everallm Member

    Jun 6, 2007
    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).
  5. GRIZ22

    GRIZ22 Member

    Nov 4, 2006
    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.
  6. NavyLCDR

    NavyLCDR member

    Dec 14, 2005
    Stanwood, WA
    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
    (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
    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
    (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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