Reservist Mobilization pistol purchase

[dreday383]

Hello everyone,
I have somewhat of a very specific question any information would be helpful. I am in the Army Reserve. I am being mobilized overseas (leisure tour). My question is I am mobilizing out of Tx and my orders say "report to mobilization station in TX for a period of 400 days". Would this able me to purchase a pistol in Tx legally and bring it with me to CA. Thanks for any information.

[edgerly779]

Not if you keep ca d/l and pay taxes here.

[tomk556]

I believe unless your orders are PCS it's no. I would be surprised if mob orders are PCS.

[norcalAF]

Not if you keep ca d/l and pay taxes here.

Yep, you aren't a resident of Texas. As a reservist, where you pay taxes is your home. Active duty is a different beast.

[SailorDan]

Maybe, depends.

Are you remaining attached to your current command based in CA and being deployed forward or will you be assigned to a new unit based outside of CA - i.e. who is your ultimate reporting senior?

If you are assigned to a unit outside of CA - go for it, sever all ties to CA, get a TX drivers license, register your vehicles, register to vote and buy guns when you come back from deployment with all the money you saved. Make sure you update your residence with personnel so they are not sending any income tax to CA. Getting the CA stink off of you will be more difficult if you have family and housing you are maintaining in CA.

Now if you are remaining assigned to a CA based unit with state taxes being withheld, I think it is a little more questionable, especially if you are NG.

Ultimately, a TX DL should let you buy as many guns as you want in TX. I think the issue is what happens when you come back to CA and notify BOF that you have shiny new off roster hand guns (BTW if you are not going to notify BOF, buy whatever you want, you lawless hooligan).

-- Be able to prove you were a TX resident when you purchased the firearms. I'd imagine flags at BOF will go off when a someone who is already in the database (assuming you have purchased a firearm in CA) reports they are importing firearms.
-- It think it is reasonable to assume that BOF can easily query DMV and state franchise tax board records.
-- make sure anything you buy is CA legal - lots of cool assault pistols that won't fly in CA.

Something to think about ... not sure what happens to any RAW's you may own. My understanding is that the state will not cancel the registration, but since you are now coming in as an out of state resident, will they consider you importing assault weapons?

IANAL

BTW I'd love to find a way to make this work. I'd gladly save up a few grand, MOVE to AZ for a month (address, DL, registration, taxes, etc) ... buy, buy, buy ... and they move back with my new toys until I can leave for good.

[edgerly779]

Any firearms you leave here must be locked up so only you have access.

[norcalAF]

The important takeaway here is that our advice is worth what you are paying us, and none of us will be sitting next to you in court should things go south. Having said that, bring me back some off roster goodies for under gouging prices.

[Snoopy47]

More realistically is to simply pay the PPT premium here in CA.

[sigstroker]

Rent a place, have the lease and proof.

Get a TX Drivers License

He has to do that anyway. He has to live somewhere, and states require you to have a drivers license where you live.

[AregularGuy]

You are on Title 10 orders, not PCS'd. That means you are still a resident of CA and your orders are not valid for residence of the State you are mobilizing out of.
Unless you have all of your duck REALLY in a row long before you leave, trying to pull off becoming a resident of another State while at the mob station will be a huge cluster. You will be lucky if you have a thorough SRP and everything is up to snuff in DEERS prior to deployment, let alone if you try to change anything on the fly. You will likely get new orders for your final destination at the mob station. That would be a Helluva deployment if you spent 400 days at the mob station.

[hambam105]

Buy the darn thing and take it with you...You might end up needing it.

[norcalAF]

He has to do that anyway. He has to live somewhere, and states require you to have a drivers license where you live.

When my unit deploys us conus, they put us up in a hotel for the duration, usually with a rental car! Of course we are usually on call with a 20 minute response requirement for a good portion of the deployment so YMMV.

[norcalAF]

You are on Title 10 orders, not PCS'd. That means you are still a resident of CA and your orders are not valid for residence of the State you are mobilizing out of.
Unless you have all of your duck REALLY in a row long before you leave, trying to pull off becoming a resident of another State while at the mob station will be a huge cluster. You will be lucky if you have a thorough SRP and everything is up to snuff in DEERS prior to deployment, let alone if you try to change anything on the fly. You will likely get new orders for your final destination at the mob station. That would be a Helluva deployment if you spent 400 days at the mob station.

That would change his entitlements as well, goodbye current BAH rate, which for me would be a significant pay cut.

[RickD427]

You've got a couple a different issues going on here:

1) As to your ability to purchase a handgun in Texas - Under federal law, you must be a resident of the state where you purchase a handgun. For purposes of federal law (but not California law), you're a resident of the states where your PCS orders place you. Simply being assigned in a state under some form of orders is insufficient. The orders must be "Permanent Change of Station" orders (refer to 18 USC 921(b)). When reservists are mobilized, the orders can take many different forms (Note: "Title 10" is not a form of mobilization order, it's the source of an authority to issue orders. If you're regular Army, any orders that you get will be issued under Title 10. The Title 10 distinction only applies to the National Guard where members can receive either state , or Title 10, orders).

If you are assigned to Texas on PCS orders, then you can lawfully purchase a handgun there provided there is no Texas state law to the contrary.

If you are assigned to Texas under any other form of order, then you cannot purchase a handgun there until you establish Texas residency.

2) Under California law (but not federal law), if you keep a home in California and have the intention to return when absent, then you're a California resident during the time you're away. If you bring back a handgun that you acquired out of state, then you commit a California felony. Please refer to PC 27585 (and section 27590 for the penalty). You're required to ship any such weapons to a California FFL to transfer to you within the state. In that case the roster also applies.

[IrishJoe3]

Hey Dreday, be safe, I'll high five ya as I pass you the opposite direction in texas