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Buying a Firearm as a new resident (Military). Help appreciated!

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  • conorg

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    Mar 24, 2020
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    Hey Guys and Gals,

    I recently entered the military and my first station is here in San Antonio. As a new LT, I did not receive PCS orders, I am under EAD (entering active duty) orders, similar to a reserve or guard member being called up as far as I know. I have bought firearms before in California as a civilian so I am used to paperwork head issues.

    I went in to pickup a transferred pistol lower and they could not process me due to having an out of state license, even though I have the EAD orders, military ID, texas hunting license and a utility statement with matching addresses here in texas. I am in the process of getting my ccw (pending background check as of 2 weeks ago) as they said they should (?) be able to process with that even though I do not have a texas ID. I have looked into getting a texas ID but that will take 4 to 6 weeks after the DPS opens up again. Any advice? I have another transfer pending that should take 2 weeks to get here but I do not want to be that guy that has a firearm collecting dust on valuable storage space.
    Capitol Armory ad
     

    Army 1911

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    Mar 17, 2008
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    Dallas Texas or so
    If your orders show your Texas Station as a permanent change of station or a duty station in in any way and then those orders and your current driver's license should be all you need.
     

    toddnjoyce

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    Sep 27, 2017
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    Boerne
    Hey Guys and Gals,

    I recently entered the military and my first station is here in San Antonio. As a new LT, I did not receive PCS orders, I am under EAD (entering active duty) orders, similar to a reserve or guard member being called up as far as I know. I have bought firearms before in California as a civilian so I am used to paperwork head issues.

    I went in to pickup a transferred pistol lower and they could not process me due to having an out of state license, even though I have the EAD orders, military ID, texas hunting license and a utility statement with matching addresses here in texas. I am in the process of getting my ccw (pending background check as of 2 weeks ago) as they said they should (?) be able to process with that even though I do not have a texas ID. I have looked into getting a texas ID but that will take 4 to 6 weeks after the DPS opens up again. Any advice? I have another transfer pending that should take 2 weeks to get here but I do not want to be that guy that has a firearm collecting dust on valuable storage space.

    What branch? EAD orders may look different than PCS orders.

    I’m guessing your orders may reflect student status or TDY status, which may be raising an eyebrow.
     

    wbblazer90

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    Nov 18, 2014
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    Welcome! If you are not already aware, the Glock blue label program offers pretty good prices to military/LE. For example $398 for most mode 9mm guns including the Glock 19.

    If you are in SA, Dury’s and Nagel’s Gunshops are Glock blue label dealers. Show credentials to qualify.
     

    Renegade

    SuperOwner
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    1   0   0
    Mar 5, 2008
    11,749
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    Texas
    Hey Guys and Gals,

    I recently entered the military and my first station is here in San Antonio. As a new LT, I did not receive PCS orders, I am under EAD (entering active duty) orders, similar to a reserve or guard member being called up as far as I know. I have bought firearms before in California as a civilian so I am used to paperwork head issues.

    I went in to pickup a transferred pistol lower and they could not process me due to having an out of state license, even though I have the EAD orders, military ID, texas hunting license and a utility statement with matching addresses here in texas. I am in the process of getting my ccw (pending background check as of 2 weeks ago) as they said they should (?) be able to process with that even though I do not have a texas ID. I have looked into getting a texas ID but that will take 4 to 6 weeks after the DPS opens up again. Any advice? I have another transfer pending that should take 2 weeks to get here but I do not want to be that guy that has a firearm collecting dust on valuable storage space.

    If San Antonio is your Permanent Duty Station, you are a Texas resident.

    Your ID + utility statement is govt issued, should have been enough.

    4473 is here, read the instructions and if you meet them, have your FFL read them:

    https://www.atf.gov/firearms/docs/4...n-record-over-counter-atf-form-53009/download
     

    conorg

    New Member
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    1   0   0
    Mar 24, 2020
    44
    11
    Texas Panhandle
    What branch? EAD orders may look different than PCS orders.

    I’m guessing your orders may reflect student status or TDY status, which may be raising an eyebrow.

    They are training orders with no defined time frame on them other than a report by date. I went to the exchange gun store today and they told me the same thing
     

    Renegade

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    Mar 5, 2008
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    Texas
    They are training orders with no defined time frame on them other than a report by date. I went to the exchange gun store today and they told me the same thing

    So you are in Texas temporarily for training? Yeah that is a no go.
     

    rotor

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    Regardless of whether this is your permanent duty station now or not, I would recommend having your residency status changed to Texas. I became a Texas resident on the advice of AF lawyers in 1972 and it was the smartest move that I could make. It is my understanding that you have to have PCS orders to Texas to purchase a firearm in Texas if not a Texas resident.
    Since my military travels took me to states not as friendly as Texas and they sure tried to collect income tax I am glad that I became a member of the Free State of Texas.
     

    conorg

    New Member
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    Mar 24, 2020
    44
    11
    Texas Panhandle
    So you are in Texas temporarily for training? Yeah that is a no go.

    I am here for above a year, my training is fairly long that I even have a an off base apartment. But it seems I am here on orders that would not allow me to purchase any firearm without the ccw. Thanks guys!
     

    jrbfishn

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    Aug 9, 2013
    28,317
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    south of killeen
    Or change your home of record to Texas. If it is listed as home of record on a printed LES, you are a Texas resident regardless of drivers license state.
    All you would need in that case is,
    LES with Texas as home of record,
    Active duty ID
    And State issued proof of address such as vehicle registration.

    Of course that may take time to show up on your LES. But it is legal to change your home of record. That may help you with state taxes as well.

    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk
     
    Last edited:

    majormadmax

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    Aug 27, 2009
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    San Antonio!
    Are you active duty, or an activated Guardsman/Reservist?

    It shouldn't make any difference, but it may be the cause of the confusion.

    Also, the key term is "permanent duty station" per the Federal Firearms Regulations Reference Guide 2014 page 134...

    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, and may satisfy the identification document requirement by presenting his or her military identification card along with official orders showing that his or her permanent duty station is within the State where the licensed premises are located.

    ATF Rul. 2001-5

    Section 921(b) of the GCA provides that a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located. The purchaser's official orders showing that his or her permanent duty station is within the State where the licensed premises are located suffice to establish the purchaser's residence for GCA purposes. In combination with a military identification card, such orders will satisfy the Brady Act's requirement for an identification document, even though the purchaser may actually reside in a home that is not located on the military base.

    Held further, a purchaser who is 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, and may satisfy the identification document requirement by presenting his or her military identification card along with official orders showing that his or her permanent duty station is located within the State where the licensed premises are located.

    ATF Ruling 79-7, ATFQB 79-1, 26, is hereby superseded. Date signed: December 31, 2001

    Good luck, and there's several of us retirees in the San Antonio area if you need anything. Just reach out!
     

    toddnjoyce

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    Sep 27, 2017
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    Boerne
    Are you active duty, or an activated Guardsman/Reservist?

    It shouldn't make any difference, but it may be the cause of the confusion.

    Also, the key term is "permanent duty station" per the Federal Firearms Regulations Reference Guide 2014 page 134...



    Good luck, and there's several of us retirees in the San Antonio area if you need anything. Just reach out!

    I think the issue is his EAD orders show him as student status, not permanent party. Which, you and I know, is different than permanent duty station.

    If his orders are what I think they are, they may say with follow on assignment TBD, blank, or per HRC or some such.
     

    TxStetson

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    Or change your home of record to Texas. If it is listed as home of record on a printed LES, you are a Texas resident regardless of drivers license state.
    All you would need in that case is,
    LES with Texas as home of record,
    Active duty ID
    And State issued proof of address such as vehicle registration.

    Of course that may take time to show up on your LES. But it is legal to change your home of record. That may help you with state taxes as well.

    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk
    You’re showing your age. They quit handing out LES’s 20 years ago.
     

    wbblazer90

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    Nov 18, 2014
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    I agree with others, make Texas your official residency with the military. Tax benefit purposes are one good thing. Also, at least for now, children of residents who are military who get honorably discharged get free in state Texas tuition for public universities.
     
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