Sales to active duty Military

[damjo]

Hey guys,

Have an active duty military member who is wanting to buy a lower receiver.
He has an Oregon DL but has his duty papers showing stationed in CA.

Can he buy this ? Or what am I missing ?

Have never had an out of state DL for a military person before.

[Quiet]

Need his Mil ID with orders to CA.

See parts in bold below.


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). The following are examples that illustrate this definition:
Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.
Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.
Example 3. A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.
Example 4. A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.


CA DOJ FAQ

What is the process for purchasing a firearm in California?

All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption.

As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.

Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).

[damjo]

Awesome thanks!

[halifax]

On the last Mil ID sale I did the DROS software wouldn't accept the 10-number military ID. DOJ said to use his SSN. Don't know if this issue has been fixed yet, but just saying.

[halifax]

On the last Mil ID sale I did the DROS software wouldn't accept the 10-number military ID. DOJ said to use his SSN. Don't know if this issue has been fixed yet, but just saying.

[damjo]

Good to know. Guess I will find out.. I'll report back what I find out.

[metalstorm999]

On the last Mil ID sale I did the DROS software wouldn't accept the 10-number military ID. DOJ said to use his SSN. Don't know if this issue has been fixed yet, but just saying.

DOJ fix something? Highly unlikely..... Just did one the other day, and had to use his SSN so no fix yet.

[kemasa]

The DROS system will not be changed at all until 2014. There were no bids to run the new system, so the CA DOJ has to do it themselves. I was told that the person who knew how to change the current system is gone, so they don't want to change anything (this was due to a problem with the system). So, it might actually get fixed and changes should be easier since it won't involve the DOJ and a company (who most likely wants money for every change).

[Motodad]

Would it work the same way for a PPT? Say I want to buy a firearm from an AD member that is staioned here but has an Oklahoma license?

[shakes88]

Would it work the same way for a PPT? Say I want to buy a firearm from an AD member that is staioned here but has an Oklahoma license?

Should work just the same. I personally call the FFL prior to going, some require more than others. Also, it's illegal to copy a Mil ID, so I don't do business anywhere they won't accept an Affidavit in place of a copy of my ID