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Interstate AR/Interfamilial Q

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  • Armed_Liberal
    Junior Member
    • Feb 2013
    • 4

    Interstate AR/Interfamilial Q

    I've seen the threads on interstate purchase of an AR;

    I'm 99% sure they apply here but thought I'd waste some electrons and confirm.

    My son lives in NC; he's in the military.

    I'd like an AR lower, but a specific brand which is hard to find here.

    I was thinking I'd buy a bullet button, send it to him, he'd walk into a local store, buy the lower, install the button and then sell it to me.

    We could do this via normal interstate purchase/FFL > FFL.

    But - I'm wondering if the fact that he's in the military makes his state of residence vague - he's registered to vote here, has a driver's license there, etc.

    And he'll be coming home for a bit and I wonder if I could have him simply fly back with it and do the transaction F2F at the FFL.

    Inquiring minds want to know...
    Marc Danziger
    ...the blogger formerly known as "Armed Liberal"
  • #2
    P5Ret
    Calguns Addict
    • Oct 2010
    • 6361

    Personally I'd avoid sending anything that could be used to link the intended purchase is for someone other than himself.

    Comment

    • #3
      Armed_Liberal
      Junior Member
      • Feb 2013
      • 4

      AFAIK

      As long as the chain of purchases go through FFL's it's not a 'straw' purchase; if I'm wrong, I'd love to know.
      Marc Danziger
      ...the blogger formerly known as "Armed Liberal"

      Comment

      • #4
        fiddletown
        Veteran Member
        • Jun 2007
        • 4928

        Originally posted by Armed_Liberal
        ....But - I'm wondering if the fact that he's in the military makes his state of residence vague - he's registered to vote here, has a driver's license there, etc....
        Under federal law he would be considered a resident of the State in which his permanent duty station is located. See 27 CFR 478.11:
        State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b)....

        Originally posted by Armed_Liberal
        As long as the chain of purchases go through FFL's it's not a 'straw' purchase; if I'm wrong, I'd love to know.
        As of now, under ATF's current interpretation of the law, you're wrong. That might change when the Supreme Court decides Abramski.
        "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

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        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44640

          But, if he buys the lower in NC, he's a resident there, so that part is OK.

          If he buys and installs a bullet-button or other magazine locking device, he could indeed transfer to you at a CA FFL - but it would be an interstate transfer (NC resident to CA resident) and the transfer fees may make the transaction economically less advantageous.

          It's Father's Day - tell him he gets to pay for buying you something you actually want; if he complains, tell him you will counsel his children to give him only ugly ties.
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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