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kermit315
04-25-2009, 4:41 PM
hey guys.

I am stationed here in California (for the next couple of months anyway), and I maintain my Illinois residency. I have an address there, my license is from there, and my cars are licensed there.

Using my PCS orders, I can buy guns in California. What is the determination as to whether I can go home on leave and buy anything I want in Illinois.

The Federal guideline, as far as I can see, only mention contiguous states when it comes to dual residency. I.E., stationed in one state, that is close geographically to another state, and you happen to live in the other state. Thats not the case here.

The reasons is this. When I transfer, I will be in Illinois for about 3 weeks, during which time, I wont have a permanent duty station. I should be in the clear then. But, when I go home on leave, either now, if I had stayed in California, or when I get stationed in Florida, if I find a good deal, I want to be able to pick it up without breaking any laws.

I have never pursued this avenue, so I dont have much experience here, and the Federal guideline leaves a lot of gray area.

Thanks,

Jamie
ETA: not that it matters much to the conversation, but I also have a valid FOID card.

rp55
04-25-2009, 9:24 PM
My experience (USN 19 years) is that you always maintain your residency in the state you entered the military from unless you take specific steps to change it which is usually done change it from a high tax to a low/no tax state (curiously over 50% of all Air Force officers O-4 and above are Texas residents).

When you are stationed in different state you are extended the courtesy of residence for various undertakings. For example, you can take community college courses at the resident rate, you can get a resident hunting license (http://www.dfg.ca.gov/licensing/hunting/huntdescrip.html) and you can purchase firearms as a resident. However, you always keep your Illinois residency at all times. This is why California cannot tax your military income and waives for you the part of the vehicle license fee that is tax if you register it here.

If you are eligible to buy firearms in Illinois in accordance with Illinois law you can do so at any time. I am not familiar with Illinois law but assuming they have no waiting period you could fly there on a Saturday, buy just about anything except a large cap magazine or what California considers an assault weapon and bring it right back with you that day or the next day.

Funny thing, I first came to California in 1978 and my home of record was NY and thought I had come to gun heaven. My how things have changed.

kermit315
04-25-2009, 9:29 PM
Thats what I figured, but wanted some reassurance.

I understand the above, but you know as well as I that guns get into major gray areas pretty quickly if you dont watch it....lol

Deamer
04-25-2009, 9:44 PM
hey guys.

I am stationed here in California (for the next couple of months anyway), and I maintain my Illinois residency. I have an address there, my license is from there, and my cars are licensed there.

Using my PCS orders, I can buy guns in California. What is the determination as to whether I can go home on leave and buy anything I want in Illinois.


.

If I remember right that have to be permanent orders and not temporary for like tech school or training to buy in CA. If on TDY orders you should be fine going back to IL.

Once you get to your permanent station you can keep all your IL stuff for taxes and vehicles, but by ATF rules you are a resident of the state you are stationed inand can only have dual state purchases if you commute from home state to base everyday.

http://www.atf.gov/firearms/faq/faq2.htm#b11

(B11) What constitutes residency in a State? [Back]

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.

kermit315
04-25-2009, 10:01 PM
I have been here since 2004. I am getting ready to PCS out.