Well, I ran into an interesting situation while on TDY at Ft. Benning. I got a lead on a good deal for a HK45c tactical from a dealer in OH. I checked with the range on post and they told me that they could complete the transfer provided that I had orders bringing me to Ft. Benning. So, I gave them copies of my orders along with a copy of my military ID. They contacted my dealer, exchanged the necessary paperwork, and the pistol was shipped last week.
The problem arose today when I went to pick-up my pistol. It seems that they did not realize that my orders were TDY, and they told me that they can only complete the transfer for soldiers who are PCS to Ft. Benning. The range manager is waiting to hear final word back from their ATF rep to see what the policy is for this situation.
So far, the guys at the range seem apologetic and have offered to ship the pistol to an FFL in my home state if their ATF rep will not allow them to finish the transfer. I thought that you guys in the service might want to know about this so that you do not run into the same problem.
I’ve always been under the impression I was a resident of the state I claim on my LES and also considered a resident of the state I am currently assigned to with permanent change of station orders. I have never heard of anyone thinking they are a resident of the state they are TDY to.
What I did find interesting is I was denied purchasing a firearm at a BX/PX in the state I had residency in but not orders assigning me to…
Temporary duty does not make you a resident of a state for the purposes of buying a firearm.
But if you think thats stupid I was denied buying a firearm in my “home state” while stationed in Germany. Came back on leave with a TX DL, in Texas, and the dealer refused the sale because he said I was a resident of Germany. I had made a comment about me being on leave and excited to be buying my first pistol since turning 21. :rolleyes:
Frankly it should not matter what state you are a resident of as long as the sale would be legal in that state. I didn’t know my 2A rights stop at the border of my state of residency. The stupid fucking thing about all this is that whether or not an FFL can sell a gun to someone also depends on what state they are from. Another time on leave, when I still had a CA DL, I couldn’t buy a damn bolt action hunting rifle here in TX. I thought I was being wise in getting a TX DL so the next time back I could buy a gun. NOPE!
I would much rather see people be able to buy guns in any state despite where they have established residency than this CCW law that has no hope of passing. I don’t see anything in the language of the 2A that says I can’t buy a handgun 2 states away.
I’ve previously bought firearms while on TDY orders, but I suspect it was because the local gun store owner was not familiar with the difference in PCS vs TDY. Interestingly, I can’t find an ATF policy that specifies the type of orders needed to establish residence.
Thanks guys. Tomorrow I will lovingly caress it one last time, apply a thin coat of CLP to the barrel and internals (needed only to satisfy my OCD), and tape seal the box. I’ll pick her up in Charlotte when I go back for leave in 2 weeks.