Need help navigating laws!

globemaster3 · December 1, 2011, 09:58 PM

I have a complicated situation and need some help from those of you in the know who are far better sleuthing the laws than I am or have time to at the moment.

Here is the situation:

Active duty military person who is a resident of FL, is currently assigned to a base in IL, in possession of IL FOID Card, on temporary duty orders in MS.

Can said individual conduct a private purchase of a firearm from a MS resident while on temporary duty orders in MS?

Thanks in advance for your help!

Patriot86 · December 1, 2011, 10:10 PM

I am sure someone is going to ask this so I will go ahead and start it

Buy a handgun, or a long gun?

globemaster3 · December 1, 2011, 10:21 PM

Thanks Patriot! I forgot to add that. Long gun.

**Aguila Blanca** · December 1, 2011, 10:24 PM

TDY is TDY, it is not a permanent duty station. If the question were about a handgun, the answer would definitely be No. For a long gun, I think the answer is that it depends on the laws of both the state where the purchase will be transacted and the buyer's state of residence. Military doesn't matter, since TDY is not considered a place of residence.

hermannr · December 2, 2011, 02:42 AM

I think it depends on the terms of your TDY, like how long are you TDY?

I say this because back when I was in the military I was assigned to a unit in HI (HI is the only state I have never set foot in) and was posted TDY elsewhere...for 18 months. Never once saw the Command in HI even though all my records say I was assigned to HI for the full 18 month tour.

Residence, is residence, Work is work, If you are there long enough (the state you are TDY to, that could be 30 days, could be 90..depends on the state law). I would say that if the state law says you are to be considered a resident because of the length of the work assignment, and you will have documentation to show that (utility bills, phone bills etc). Personally, I do not think you would be turned down.

Don P · December 2, 2011, 08:28 AM

I may be wrong here. Its my understanding that anyone that can legally own a long gun can purchase a long gun anywhere he or she may be no matter the state they are in.

JimPage · December 2, 2011, 08:37 AM

I may be out of date, but I think the long gun purchase out of state must be in a contguous state to your residence AND the state must have passed a law allowing purchases in contiguous states. TDY status is not residency. GCA68 clearly makes military personnel residences of the state of their PCS.

alland · December 2, 2011, 09:18 AM

Yes, you are out of date. The contiguous state requirement went away with FOPA in '86, I believe.

Al Norris · December 2, 2011, 09:24 AM

Unfortunately, a lot of States passed their own "contiguous" laws and not all of them repealed their State laws immediately after the '86 FOPA.

vranasaurus · December 2, 2011, 12:25 PM

Since the question is about a purchase from a private individual the answer is no.

If you were in MS on PCS or TCS orders your state of residence for purspose of the GCA would likely be MS. However since you are on TDY orders your state of residence is IL (your permanent duty station) not MS and therefore you may not purchase from a private individual.

I may be off but the line between PCS/TCS and TDY is 179 days. I don't have time to research the issue right now.

You might be able to purchase a long gun from an FFL depending on MS and IL law.

Quote:

Originally posted by Don P

I may be wrong here. Its my understanding that anyone that can legally own a long gun can purchase a long gun anywhere he or she may be no matter the state they are in.

From an FFL but not from a private individual. Any purchase of a long gun between individuals who are residents of two separate states must go through an FFL in either the seller's or purchaser's state depending on state law. For the purchase of a handgun between such individuals would have to go through an FFL in purchaser's state.

globemaster3 · December 2, 2011, 09:11 PM

Thanks everyone! Looks like the only legal option would be to buy and have the seller ship to my FFL back in IL.

blume357 · December 3, 2011, 08:03 AM

Depends on MS law as I read the ATF regulations... according to the ATF you are living in MS and thus can buy from a MS resident...

Don't know about the state law.... I don't think voter cards and DLs are legally needed to be a 'resident'....

example... I have a 2nd home in N.C. Technically, while I am staying in that home, I'm a resident of N.C.

Now, I'm not trying to tell you or 'the friend' to do anything illegal here, don't want to get booted off this forum or suspended again, but that is how I read the atf rules.... the key in your question was a private sale... FFL's require all kinds of documentation to prove you are a resident of a state... so that they don't get in trouble with the government...

But, I think while a person is living in a state they are according to the BATFE a resident of that state and can purchase a firearm from another resident of that state.... if the state doesn't restrict private sales of that type firearm.

December 1, 2011, 09:58 PM	#1
globemaster3 Senior Member Join Date: January 28, 2006 Posts: 1,482	Need help navigating laws! I have a complicated situation and need some help from those of you in the know who are far better sleuthing the laws than I am or have time to at the moment. Here is the situation: Active duty military person who is a resident of FL, is currently assigned to a base in IL, in possession of IL FOID Card, on temporary duty orders in MS. Can said individual conduct a private purchase of a firearm from a MS resident while on temporary duty orders in MS? Thanks in advance for your help!

December 2, 2011, 08:28 AM	#6
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	I may be wrong here. Its my understanding that anyone that can legally own a long gun can purchase a long gun anywhere he or she may be no matter the state they are in. __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

December 1, 2011, 10:10 PM	#2
Patriot86 Senior Member Join Date: December 23, 2010 Location: Chicagoland Posts: 1,293	I am sure someone is going to ask this so I will go ahead and start it Buy a handgun, or a long gun?

December 1, 2011, 10:21 PM	#3
globemaster3 Senior Member Join Date: January 28, 2006 Posts: 1,482	Thanks Patriot! I forgot to add that. Long gun.

December 1, 2011, 10:24 PM	#4
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,460	TDY is TDY, it is not a permanent duty station. If the question were about a handgun, the answer would definitely be No. For a long gun, I think the answer is that it depends on the laws of both the state where the purchase will be transacted and the buyer's state of residence. Military doesn't matter, since TDY is not considered a place of residence.

December 2, 2011, 02:42 AM	#5
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	I think it depends on the terms of your TDY, like how long are you TDY? I say this because back when I was in the military I was assigned to a unit in HI (HI is the only state I have never set foot in) and was posted TDY elsewhere...for 18 months. Never once saw the Command in HI even though all my records say I was assigned to HI for the full 18 month tour. Residence, is residence, Work is work, If you are there long enough (the state you are TDY to, that could be 30 days, could be 90..depends on the state law). I would say that if the state law says you are to be considered a resident because of the length of the work assignment, and you will have documentation to show that (utility bills, phone bills etc). Personally, I do not think you would be turned down.

December 2, 2011, 08:37 AM	#7
JimPage Senior Member Join Date: February 21, 2010 Location: Rome, NY Posts: 941	I may be out of date, but I think the long gun purchase out of state must be in a contguous state to your residence AND the state must have passed a law allowing purchases in contiguous states. TDY status is not residency. GCA68 clearly makes military personnel residences of the state of their PCS.

December 2, 2011, 09:18 AM	#8
alland Member Join Date: December 23, 2009 Posts: 35	Yes, you are out of date. The contiguous state requirement went away with FOPA in '86, I believe.

December 2, 2011, 09:24 AM	#9
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Unfortunately, a lot of States passed their own "contiguous" laws and not all of them repealed their State laws immediately after the '86 FOPA.

December 2, 2011, 09:11 PM	#11
globemaster3 Senior Member Join Date: January 28, 2006 Posts: 1,482	Thanks everyone! Looks like the only legal option would be to buy and have the seller ship to my FFL back in IL.

December 3, 2011, 08:03 AM	#12
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	Depends on MS law as I read the ATF regulations... according to the ATF you are living in MS and thus can buy from a MS resident... Don't know about the state law.... I don't think voter cards and DLs are legally needed to be a 'resident'.... example... I have a 2nd home in N.C. Technically, while I am staying in that home, I'm a resident of N.C. Now, I'm not trying to tell you or 'the friend' to do anything illegal here, don't want to get booted off this forum or suspended again, but that is how I read the atf rules.... the key in your question was a private sale... FFL's require all kinds of documentation to prove you are a resident of a state... so that they don't get in trouble with the government... But, I think while a person is living in a state they are according to the BATFE a resident of that state and can purchase a firearm from another resident of that state.... if the state doesn't restrict private sales of that type firearm.