Private transfer issue

R

raimius

New member
I am currently a resident of Illinois, residing in Colorado (military). I would like to purchase a pistol from a seller in Colorado. I do not have a FOID card, and I no longer recieve mail from my Illinois address (the house was sold when I joined the AF). From my online searches, it appears that I need a FOID card from Illinois even though I no longer live there. However, I don't know about the application, as it only has room for one address. Also, I am 20.

Can anyone shed some light on what I need to do?
 
If you are stationed in Colorado under military orders, you are considered a Colorado resident for the purpose of purchasing firearms. Illinois law does not come into play at all.

All you need is a copy of your orders and a military ID card to purchase in Colorado. Since you are only 20, you cannot purchase a handgun from a dealer. However, I believe you can purchase one from a private party.
 
Right, I don't see how you're tied to Illinois. If you haven't transferred your driver's license, you should.
 
Definitely transfer your driver's license if you want to do this. You have to be able to prove residency in CO if you want to transfer solely under CO's law. If your license says Illinois, you can't say you're a CO resident, and then you could only do the transfer through a dealer.
 
I don't know what the laws are in CO, but I know what they are in IL. That's why I got fed up and moved to FL. Not only gun laws, just the way the entire state is run. That being said, thanks for serving, it is appreciated.
 
If your license says Illinois, you can't say you're a CO resident, and then you could only do the transfer through a dealer.
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Sure you can, I did it for the 3 years I was stationed in WA, the year I was stationed in NM, and the first 12 years I was stationed in FL. I've been down here since 92 and retained my Michigan state driver's license until 04 even though I had a FL resident CWP and bought several guns in those years All that was required was a copy of my PCS orders or a couple of months of utility bills. Most places consider you a resident after a 30 day stay regardless of what your driver's license says. Some places require you to be a resident for longer than 30 days to receive certain goods or services though.
 
Dewhitewolf said:
Definitely transfer your driver's license if you want to do this. You have to be able to prove residency in CO if you want to transfer solely under CO's law. If your license says Illinois, you can't say you're a CO resident, and then you could only do the transfer through a dealer.
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Not true. As a active duty military member stationed in Colorado, all he needs to establish eligibility to purchase firearms in Colorado is a copy of his assignment orders and his military ID card. The Soldiers and Sailors Civil Relief Act allows him to maintain his Illinois drivers license and vehicle registratrion if he desires.
 
The Soldiers and Sailors Civil Relief Act allows him to maintain his Illinois drivers license and vehicle registratrion if he desires.
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Nope, not true. Vehicle registration and driver's license still must meet the state's requirements. Most states have a military clause regarding driver's license and you don't need to change that, but I have not been in a state yet where I have not had to, by state law, change my registration.
 
I was wrong regarding registration of vehicle:
Second, as a machine that moves on the streets and highways of the host state, it is subject to the police power of the host state. A state may exercise its police power to require a service member to register a vehicle in its jurisdiction if, and only if, the service member has not registered the vehicle in the home state.

I was correct regarding the drivers license:
Motor vehicle operator permits. The SSCRA does not preclude states from requiring persons who live within their borders to acquire a driver's license. Many states, however, allow service members to retain their license if issued from their domicile.
 
And, BTW, for the purpose of buying firearms, Federal law states that the state of residence of a military member is the state the member is ordered to serve in, regardless of the driver's license. All you need is a military ID and copy of orders.

Ironically, you lose the ability to purchase handguns in your "home" state unless you actually maintain a physical residence there that you reside at during part of the year.
 
Thanks for the information. I was having some trouble decifering IL regulations, and the Colorado state site wasn't great.
 
NavyLT said:
And, BTW, for the purpose of buying firearms, Federal law states that the state of residence of a military member is the state the member is ordered to serve in, regardless of the driver's license. All you need is a military ID and copy of orders.

Ironically, you lose the ability to purchase handguns in your "home" state unless you actually maintain a physical residence there that you reside at during part of the year.
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There is also another exemption for military members who reside in one state and commute to a duty station in another. For instance, if a member resides in Maryland and commutes each day to their duty station in Virginia, they can purchase firearms in either state. Also, if a military installation extends into an adjacent state, the military member can purchase in both states. The best example I can think of is Fort Campbell, KY, part of which extends into Tennessee. Military personnel stationed at Ft Campbell can also purchase firearms in Tennessee.

See page 2 of the attached BATF FFL Newsletter for an explanation of how military personnel can purchase firearms.

BATF FFL Newsletter
 
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