Gun sales to military personnel

[Chrs2fer23]

Hello everyone,

I have a quick question that I am concerned about. I live in El Paso, Tx and have a pistol of mine up for sale on a local site. El Paso has a large Army base..Fort Bliss..smack dab in the middle of the city. I have an individual that would like to purchase my pistol. My question is in reference to private sales in Texas. I know I can sell to any Texas resident (without an FFL) as long as they meet the lawful requirements. But, if someone who is stationed here at Fort Bliss but is not originally from Texas wants to purchase my pistol, is it legal for me to sell it to them. I guess I am asking if this soldier stationed here from a residency out-of-state wants to purchase it, is it a legal sale?? Or, would the person have to be a legal resident of Texas to NOT use an FFL for the transaction?

Hope I worded that clearly....I just don't want to break any laws in the transaction.

Thanks for any help...:1zhelp:
Chris

 

[fuelfather]

IIRC, a soldier with an out of state ID, but is in Texas on orders can still legally purchase firearms.

 

[Texan2]

I am not the expert here, but I believe if he has orders to be in Texas he can buy in Texas.

 

[Renegade]

GTG if stationed in Texas.

 

[Yocan]

I believe for me its been on orders in texas more than 90 days and he must present his orders with his military ID at the time of sale for it to be legal. (it might be 60 hang on googling, lots of our guys bought ars the first weekend back)

EDIT: I'm wrong if its permenant duty station or on active orders more than 90 days in texas he is good to go. So the 1/23 BN that just came back was on orders out of texas, so for 12 months active even though in afghanistan we can buy guns here.

Again must present military ID and orders saying permanant duty station or has been on orders to texas more than 90 days. The orders actually tell you this so just read it.

 

[majormadmax]

He must be on PCS (Permanent Change of Station) orders, TDY (temporary duty) orders do NOT count!

Cheers! M2

 

[majormadmax]

Here ya go...page 135 of the [FONT=&amp]2005 Federal Firearms Regulations Reference Guide[/FONT]:

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

Emphasis mine, just to show why the individual must have PCS orders (and not TDY)...

Cheers! M2

 

[Chrs2fer23]

Awesome.....thanks all for the great info. I feel better now.


Chris