Possibly stupid questions about GCA 68--Military and Residence states TX, CA

[AF_INT1N0]

OK so I was reading about Charlton Heston, and in the WIKI I read that he had rallied for GCA 68, And was linked to an article on that.

One of the things I noticed is that You are not allowed to buy a firearm in a state other than your state of residence..

So heres the deal. I live in California--By live I mean stationed, I wouldn't live here by choice.

My state of Residence is Texas. Does this mean I can buy guns in Texas? As well as California?

Any help here?

I was planning on visiting and wouldn't mind picking up some things.

 

[LAK Supply]

You can buy in TX with your MID and orders. You can buy in CA with your CA ID and copy of vehicle reg, utility bill, etc.

 

[NavyLCDR]

You can buy handguns in California with your military ID card and orders to CA. You can buy handguns in Texas only if you have maintained an actual residence (home) in Texas and you will reside there part of the year, even if just on leave a couple weeks. If you did not maintain an actual residence in Texas, then when you go to Texas on leave you will just be a visitor and cannot legally buy a handgun in Texas even though you do have a Texas Driver's License.

Longguns are different, you may buy longguns out of state so long as the sale is legal in both the state of purchase and the state of residence of the buyer and so long as the sale occurs at the place of business of the FFL.

I was mistaken, too in my thinking that I could buy a handgun with my driver's license in my home state, but that is not what the Federal law says.

 

[AF_INT1N0]

Bummer.... I was trying to not buy in California... Oh well only a couple of years left then..

 

[NavyLCDR]

You can buy the handgun in Texas and have it sent to an FFL in California. Then you have to jump through all the hoops in California for that FFL to transfer it to you in California.

 

[csmkersh]

Before you do that though, varify that the handgun you wish to buy is on California's approved list. This site should be of help.
​

 

[AF_INT1N0]

You can buy the handgun in Texas and have it sent to an FFL in California. Then you have to jump through all the hoops in California for that FFL to transfer it to you in California.

The point was to pick it up in Texas so as to 1. Not pay a rediculous amount of money in Taxes and transfer fees.
2. Not be treated like a criminal for wanting to exercise a right.

Before you do that though, varify that the handgun you wish to buy is on California's approved list. This site should be of help.

It isn't. It was going to be an STI Ranger. They don't sell em in California.

That doesn't even get into the wrongness of the waiting period and registration aspect of buying in the PRK.

I figured that I wouldn't be able to do it, but when you ask the worst thing anyone will tell you is "No".

Oh well, Maybe I can get an assignment soon or something.


Thanks for the help ya'll.

 

[DBSweetwood]

No problem here.

I am also in the service. I have never been stationed in California, so can't say how they are there. But I am an Idaho resident, and have been stationed in Texas and Washington. I have legally purchased guns in all of them. All I have ever needed was my Military ID. In the states you are stationed, even if you don't change your residency, you are a resident as far as purchasing guns, getting resident CCW, and many other things, because you live there. And even without an actual address in your state of residence, you only have to show that you are a resident (drivers license, LES with tax withholdings, even your ERB with home of record/residence.) I have even purchased guns in Oregon and Nevada, but that is because Idaho has a legal deal that you can purchase guns in all connecting states (Nevada, Oregon, Montana, Wyoming, Washington). Hope this helps.

 

[xsquidgator]

I'd check with the Calif. DOJ or whoever enforces the Calif. gun laws. There may be some leeway or a few exemptions for active duty military depending on the state. E.g. when I was stationed in South Carolina there were waiting periods and such, but if I got a(ny) superior officer from my unit to sign some form on my behalf, the waiting period went away.

That said, I've not heard of any California a.d. people mentioning getting any breaks or conveniences due to being in the service, but it can't hurt to ask.

 

[ForeignDude]

Military personnel hold multiple residences:

(1) home of record (the state where you enlisted or were commissioned);
(2) state of legal residence (per your personnel file, this is defined as a state where you established residency in the past and to which intend to return when you leave the military); and
(3) state of domicile (where you are physically located by reason of official assignment).

You can purchase handguns in either (2) or (3).

For me, my home of record is Texas, my state of legal residence is Texas (I hold a TX Driver's License, and I vote absentee in Texas), but I am currently stationed overseas.

Since Texas is my state of legal residence, I can purchase a handgun in TX. In fact, I purchased two handguns in TX in the past two years while visiting family in the state. I did so using only my TX Driver's License. If I was stationed in another state, then I could purchase a handgun in that state using orders posting me to that state and Military ID.

One thing you can do is what I did: visit your state of legal residence, purchase a handgun, and then fly back with it to the state where you are posted.

If you want a second opinion, consult your JAG office.

 

[NavyLCDR]

Can someone please post the Federal (or a state) law which says that a military member is allowed to purchase a handgun in the state of their residence as defined by their driver's license if they are not stationed in that same state WITHOUT having an actual place of residence in that state?

I used to think the same thing, but by Federal law, I can't find anywhere that says that it is legal.

I am not arguing about purchasing in the state in which we are ordered to, even without a drivers license, that is specifically allowed.

 

[waterhouse]

Can someone please post the Federal (or a state) law which says that a military member is allowed to purchase a handgun in the state of their residence as defined by their driver's license if they are not stationed in that same state WITHOUT having an actual place of residence in that state?

I don't think you'll find such a law, and if you did I'd be curious to see it as well, as it would seem to go against ATF policy (i.e., that the residence listed on your driver license (or other verifying document) matches the residence that you fill in on the 4473, AND that the residence listed on the 4473 is your actual residence.

AF_Int, do you still have a residence in the state of Texas?

 

[AF_INT1N0]

AF_Int, do you still have a residence in the state of Texas?

Not a physical address anymore, but was considering buying a house in Texas again. I'm currently stationed (sentenced?) in California.