VPLthrneck said:
So what is incorrect and would create an illegal purchase? Seven gun shops in three states had no problem with any of this, and six of them do alot of business with military members stationed in their locales; so I'll trust to their advice and business methods.
I have maintained a Wyoming Driver's License since 1984. I have not been a resident of Wyoming since 1988. Again, the definition of state of residence in CFR is VERY CLEAR.
http://www.ecfr.gov/cgi-bin/text-id...iv8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27
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, as stated in 18 U.S.C. 921(b).
My first set of permanent duty orders was to Windsor, Connecticut. Because I had an Active Duty Military ID Card and permanent orders to Connecticut, I was a resident of Connecticut for the purposes of firearms transactions, according to the underlined portion above.
When I was stationed in Connecticut, I actually lived in Massachusetts. Every morning I would wake up in Mass, and drive to CT. At night I would drive back to Mass to go to bed in my military housing unit there. Since I was present in Mass WITH THE INTENTION OF MAKING A HOME THERE, I was also a resident of Massachusetts for the purposes of firearms transactions, which is the bold part of the above statute. During that time period, I had dual and equal states of residence, Mass and CT. This situation is explained clearly by the ATF on page 180, question (B11) of this document:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
During the time that I was ordered to CT and lived in Mass, I maintained a driver's license from Wyoming, for
tax purposes was a resident of Wyoming, and voted in Wyoming by absentee ballot. My mother lived in Wyoming. HOWEVER - FOR THE PURPOSES OF FIREARMS TRANSACTIONS I WAS IN NO WAY, SHAPE or FORM A RESIDENT OF WYOMING. Even if I visited my mother while on leave, I was not present and have not been present in Wyoming
with the intention of making a home there. Visiting relatives does not count as clearly explained by example 1 of 27 CFR 478.11:
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.
The "loophole" that you say applies to ALL military members only applies if the military member actually, physically lives in one state and is ordered to another, like I was ordered to CT, but lived in Mass. It does NOT apply to military members who hold a driver's license, pay taxes and vote in a state that they do not PHYSICALLY maintain a presence in WITH THE INTENTION OF MAKING A HOME there.
It would be completely 100% illegal for me to walk into a gun shop in Wyoming, show my Wyoming driver's license, claim Wyoming as my state of residence and purchase a handgun because even though I have visited family several times in Wyoming, I have not been present in Wyoming WITH THE INTENTION OF MAKING A HOME THERE since 1988.
If a Wyoming gun store were to make the sale to me, everything ON PAPER would APPEAR to be legit....there would be a Wyoming driver's license number on the form 4473, there would be a relative's Wyoming address on the form 4473, and Wyoming would be written in as state of residence. But the sale would still be ILLEGAL, and I would commit a felony. And, if I brought that gun back into my real state of residence, I would commit a second felony in doing so.
As a side note - my Wyoming driver's license has an address in Washington state on it, which is my actual state of residence.