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Selling Guns To Military Members | Military Identification |Dual State Residency

Special Identification Requirements | Selling Firearms To Active Duty Military 

Selling guns to active duty

For those FFLs who don’t regularly conduct gun sales to military members on active duty, the finer points of alternate identification and dual state residency may be a foreign concept to you. Therefore, the following brief is designed to bring you up to speed on these finer points.

Can members of the military on active duty claim residency in two states simultaneously for the purpose of acquiring firearms in either state?Navy

Members of the United States Armed Forces on active duty may claim dual state residency for the purpose of receiving firearms from federal firearms licensees. 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. Per instructions on the ATF form 4473, if a member of the Armed Forces purchases a firearm in the state of their permanent duty station, but does not reside in that state, the member must list both residences in the appropriate section of the ATF form 4473.


Following state firearms law

FFLs must keep in mind that applicable state and local law must be followed at all times. Although most states have liberal laws with respect to members of the Armed Forces purchasing firearms, FFLs must know and comply with local and state law at all times. The GCA requires FFLs to comply with all state and local law.Selling guns to active duty


What documents are required to be presented by a member of the Armed Forces attempting to receive a firearm from a FFL in a state in which they are stationed but do not reside?

Selling guns to active duty

A member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located. A member of the Armed Forces may also claim dual residency; claiming the state in which they reside, and the state in which they are permanently stationed. In the event a military member is acquiring a firearm in a state in which they are stationed on active duty but do not reside, the FFL should list the buyers military identification card and official orders showing where his or her permanent duty station is located in the appropriate block in Section B of the ATF form 4473.


May a member of the Armed Forces use an expired drivers license as identification when purchasing a firearm from a FFL?

Selling guns to active duty

Members of the Armed Forces and FFLs may believe that a military member’s drivers license does not expire while they are on active duty, regardless of the actual expiration date. However, state laws vary on this issue. FFLs should always ensure that they follow state law with respect this and every issue. The Gun Control Act requires the transferee/buyer to provide a valid government issued photo identification to the FFL. The FFL must record the expiration date of the identification document in the appropriate section of the ATF form 4473. The Gun Control Act makes no provision for the acceptance of an expired identification document by a FFL when transferring firearms to a non-licensee.

References:
18 U.S.C. 921 § (b)
ATF Ruling 2001-5
ATF Firearms Regulations reference Guide 2005 

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