Here is a hypothetical situation.

 

Jim, a resident from the State of NJ, is a member of the reserves and is on TDY (temporary duty) orders to another state (State X) for training that will last 4 months - 120 days.

 

Jim meets a resident of State X and is interested in purchasing that person's handgun. However, Jim is concerned that this sale may be illegal because it is not being done through an FFL of his home state.

 

Jim consults the BATF site for an FAQ reqarding this particular purchase and discovers the following:

 

http://www.atf.gov/firearms/faq/unlicensed-persons.html

 

 

Q: To whom may an unlicensed person transfer firearms under the GCA?

 

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

 

Q: From whom may an unlicensed person acquire a firearm under the GCA?

 

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

 

 

Jim wonders what constitutes residency of a State according to the BATF and continues to read...

 

 

Q: What constitutes residency in a State?

 

The State of residence is the State in which an individual is present; the individual also must have an 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 has two States of residence and 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. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

 

 

While Jim is not on PCS (permanent duty station) orders, he is on TDY orders for a period to exceed 90 days. On-post lodging is provided and specified on his orders so, therefore, he is considered to be a resident of that state because he will at some point reside in that state for at least 90 days.

 

 

Q: May aliens legally in the United States buy firearms?

 

An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.

 

 

Can Jim purchase a handgun in another state "as a resident of that state", and return to NJ without ever having submitted a permit to purchase (a handgun)?

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.

 

This is the answer to your question. He is not on PCS only TDY orders. He can't legally buy a handgun in that other state. That 90 day tour is not a permanent change of station.

 

Last I knew the military classified assignments over 26 weeks as PCS, less was TDY. I have been in both situations during my Reserve time and could only buy handguns if I was on PCS orders.

 

The ATF FAQ are really pretty clear on that. Don't mix the 90 day residency requirement for LPRs with the military issues.

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.

 

This is the answer to your question. He is not on PCS only TDY orders. He can't legally buy a handgun in that other state. That 90 day tour is not a permanent change of station.

 

Last I knew the military classified assignments over 26 weeks as PCS, less was TDY. I have been in both situations during my Reserve time and could only buy handguns if I was on PCS orders.

 

The ATF FAQ are really pretty clear on that. Don't mix the 90 day residency requirement for LPRs with the military issues.

 

My understanding is that it could depend on whether you are in the Reserves or National Guard as well. Reserves are almost always on Title 10 Federal orders while a significant percentage of Guardsman may be on Title 32 orders when they are away for training.

 

I also did some more digging. It seems that if you are able to obtain a State ID from said state that is all you would need to purchase a handgun in this particular state. Of course, you would need to prove residency in order to obtain a State ID but that doesn't seem difficult at all. Whether you are PCS or TDY does not matter in this instance.

 

In other words, you could be TDY but if you decided to live off-post at your own expense and could prove such, you can still claim residency in that state.

Reserves are almost always on Title 10 Federal orders while a significant percentage of Guardsman may be on Title 32 orders when they are away for training.

 

I've been in both the Guard and Reserves and to my experience for 90 days you will be on Title 10 not 32 orders. The reason for this is under Title 32 the commander of the AD unit does not have penal authority over the servicemember. He or she can't give the person under Title 32 orders an Article 15 or court martial. If the violation is something not covered under civilian law (like AWOL) they can only send the servicemember home.

 

I also did some more digging. It seems that if you are able to obtain a State ID from said state that is all you would need to purchase a handgun in this particular state.

 

That would be true anywhere. Most states will ask to see you driver's license to issue a state ID. This would mean changing your DL over to that state.

 

Of course, you would need to prove residency in order to obtain a State ID but that doesn't seem difficult at all.

 

This would seem more like a case of "getting over on them" rather than establishing a legit residency. Such ideas usually make trobule for you.

 

 

Whether you are PCS or TDY does not matter in this instance.

 

You're mixing regulations again. What the state says is needed to obtain a state ID has nothing to do with the Federal law which says:

 

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.

 

Note "permanent duty station". This is the residence requirement ATF requires.

 

What constitutes a "resident" has different meanings for different reasons within the Federal government. ATF, IRS, Census bureau all define resident differently.

 

In other words, you could be TDY but if you decided to live off-post at your own expense and could prove such, you can still claim residency in that state.

 

What you are talking about here has nothing to do being in the military. If you have a residence in two states anyone can buy a handgun in either state when are residing there. I don'y think ATF would consider "establishing" a residence for 90 days as making you a resident of that state

 

It sounds to me that your "friend" would be establishing this residence solely for the purpose of being able to buy a handgun in that state. It also seems like a lot of trobule and expense to do so. It is not a permanent change of station as ATF requires.