Trouble with my first purchase.

D

drdrewusaf

Inactive
I had my first experience buying a handgun today and was dissapointed to find out that I couldn't purchase it.

I was filling out the background check form and, being the eagle scout that I am, I wrote that my legal state of residence is Washington. I was filling this form out in the state I am currently stationed in, Arizona. Being in the military, where I live and my state of residence are different.

According to the guy behind the counter, I can't purchase here unless I am a resident of AZ. So that means, according to him, that the only place I can purchase a handgun is in Washington. I can't even transfer through an AZ FFL. Is this right?

Am I to believe that EVERY person in the military who doesn't change thier state of residence EVERY time they are reassigned cannot purchase a handgun in the state they live in? Do I really have to take a vacation to Washington to get my first handgun?


Drew
 
Could simply be store policy, not law. Apparently, selling to out of state residents is more complicated so many store owners opt not to.
 
I'm not to sure it's store policy, maybe FFL policy. He was on the phone w/ whoever they have to call to get my background verified and they told him. So whoever they usually call could have the policy. I am at a permanent duty station in Tucson.
 
i think for permanent duty your considered a resident. i do know he was wrong cause this subject was just covered on our local web site.
go to www.arizonashooting.com and there are great forums with many az ffl holders who will help you. if you do a search i know this as just coverd on there and the answer they gave another was that if they are permanent they can buy with...and they listed the requirements.
 
Active duty military are considered (for the purpose of firearms purchases) to be residents of the state where they are permanantly stationed. As per the BATFE website,http://www.atf.gov/firearms/faq/faq2.htm#b12

B12) What constitutes residency in a state? [Back]

The state of residence is the state in which an individual is present with the intention of making a home in that state. A member of the Armed Forces on active duty is a resident of the state in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member's permanent duty station is in a nearby state to which he or she commutes each day, then the member may purchase a firearm in either the state where the duty station is located or the state where the home is maintained. An alien who is legally in the United states is considered to be a resident of a state only if the alien is residing in that state and has resided in that state continuously for a period of at least 90 days prior to the date of sale of the firearm. [18 U. S. C. 921( b) and 922( b)( 3), 27 CFR 178.11]

Just show the dealer a copy of your orders. I am a Michigan resident and bought all of my 11 guns in VA and WA when I was stationed in each.
 
When i was stationed at Ft Lewis Wa. i bought my first handgun i was a resident of Az. at the time.

here's what i found.

A military member may purchase a handgun in the state in which he is
stationed regardless of state of residence. Expect to supply copies of
applicable orders.
 
You are currently a resident of Arizona. For military purposes, your home state or state of record is Washington. If you still have a Wash ID don't give it to the salesman. Give your mil ID. There is nothing illegal about this at all.
 
The above is correct. It's actually not the dealers fault. When you filled out the 4473 and claimed Washington as your State of residence, he really had no choice. Next time use your address in Arizona (i.e. Duty station).

Dean
 
Ok, so, when the guy at the shop said that where I pay taxes and vote and make my money (all of my money is made in WA even though I work here) is my residence, I should have written AZ in the first place. In other words, it was my fault for reading into it too much.

Thanks for your help everyone. I'm sure I will be back here soon with more questions.
 
If you are stationed at Davis-M, how do you figure you make your money in WA? Or, as I asked before, are you there on temporary duty or Reserves?.
If so, you will need to wait to get back to WA as the residency waiver is for active duty personnel at a permenant duty station. You may need a letter from your CO stating that you are truely stationed there if you don't have an AZ Drivers Lic. or State ID card.
BTW, we don't have state income tax in WA.

Dean
 
I'm confused...

not about the active duty thing...but I thought you could go to a different state and purchase a handgun from a dealer...depending on the states laws of course. There's always talk on this site about how you can go to another state and purchase a gun from an individual and when you do this you have to do to a local ffl and do the paperwork through them? Can somebody explain what gives?
 
Deadin:

He can maintain his WA drivers license and it is considered that he is a resident of this state.

We dont have income tax in Washington
Click to expand...

Which would be one of the perks of maintaining residency here.
 
If you don't have an AZ driver's licsense you will need a copy of your orders assigning you to AZ in order to prove residency of AZ. Just go to MPF records section and get a copy from them. It doesn't sound like the dealer knew much either. Every dealer near a military base I've ever come in contact with the last 19 years knew he could sell to military guys as long as they had a state ID or copy of their orders to establish residency.
 
He can maintain his WA drivers license and it is considered that he is a resident of this state.
Click to expand...

Correct. And if he is active duty permanently stationed in AZ, he is afforded the rights of an AZ resident when it comes to firearms purchase. (Dual State rights)

When I was on active duty there was a thing called the "Tri-State Rule" that said two of the three (Driver's Licence, Vehicle Plates and Duty station) had to be the same. This was (and is?) to protect a service member from being forced to give up his home state citizenship. Some States have laws that say you must have their plates on your car and their DL in your pocket within "X" number of days of moving there. Not so for service members.

Dean
USN(Ret)
 
If you are stationed in Az. then you are a legal resident. I used to run into this all the time, You might have to get a short letter form JAG. In Ga. to prove I was a legal resident to obtain a CC I had to get a form from JAG explaining the law to the stupid.
 
you may still have issues with some ffl holders. regardless of what they all think they don't know it all. go to the site i suggested in my previous post. on it there several ffl holders who do know about this issue and will bend over backwards to help you.
Chris
 
Ok, so, when the guy at the shop said that where I pay taxes and vote and make my money (all of my money is made in WA even though I work here) is my residence, I should have written AZ in the first place. In other words, it was my fault for reading into it too much.
Click to expand...

A minor error, understandable as it is your first time (in a different state but permanently station). Chalk it up as a small lesson learned and try again with the proper paperwork as proof. (Wouldn't hurt to bring in a copy of the ATF rule with you too.)
 
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