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FFL Dealer Sales – Military Personnel

Aug 19

FFL Dealer Sales – Military Personnel

Do you live close to a military base with active duty military personnel present? Have you wondered about being able to service those men and women as customers? The Gun Control Act (GCA) has taken the residency of active duty military personnel into account when creating rulings on firearms sales.

According to the ATF, an active duty member of the Armed Forces may have more than one state of residence. Before going further, it’s important to note the definition of active duty. The Department of Defense defines active duty as “full-time duty in the active military service of the United States. This includes members of the Reserve Components serving on active duty or full-time training duty, but does not include full-time National Guard duty.” The primary state of residence would fall under the Gun Control Act’s (GCA) general definition of State of residence, which refers to the state in which the individual resides. The secondary state residency refers to the state in which the service member’s permanent duty station is located. However, if the service member both resides and is stationed in Nebraska, the State of residency would only be Nebraska.

The following are examples where this may be applicable. Offutt Air Force Base is located in Omaha, Nebraska. However, because of Omaha’s close proximity to Iowa, an active duty Armed Forces member could commute into Nebraska every day. Therefore, that service member would be considered to have residency in both Nebraska and Iowa. One unique example is the Ft. Campbell Army Base which is physically located in both Kentucky and Tennessee. In that case, the service member would be a resident of both Kentucky and Tennessee.

If the dual state residency applies to a service member wishing to purchase a gun from you (as a FFL license holder), there are certain rules to be followed when filling out the ATF Form 4473, Firearms Transaction Record. If the active duty service member is purchasing a firearm in the State where his or her permanent duty station is located but does not live at the duty station, s/he must list both his or her permanent duty station address and his or her residence address in response to Question 2. If the active duty service member is purchasing a firearm in the state where his/her permanent duty station is located but has a driver’s license from another state, you should list the transferee’s military identification card and official orders showing where his or her permanent duty station is located in response to Question 18a.

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