I am selling a rifle and I have someone that is interested. He says that he is a resident of another state, he is local on active duty, and he can produce a copy of his orders. I will check to see what the laws are, however, I am interested to see if any GCGF members have been in the same situation and how you handled it.

Thanks in advance for any advice.

Those factors are confusing to me, and age of buyer comes into play as well. I declined to make a sale before, just because I wasn't sure, and my ATF contact didn't give me any comfort with his reply.

Wow, I didn't think of age. Some states allow a person 18 and older to purchase a firearm. Florida changed their law that now says you have to be 21. Another complication!

I know a service member stationed locally is considered to be a resident for things like hunting and fishing licenses.
I would think it would be the same for firearms purchases but I'm no expert...………..not on this anyway. Just most other things.

Roaster's Gallery,

Have you ever had to deal with the condition of dual residency? See following link

https://fflconsultinggroup.com/sell...military-identification-dual-state-residency/

I think that is the situation I was dealing with. In Alabama, if the person had come in my shop with their DL from, lets say Georgia, and was buying a long gun, I would have transferred the gun. (let's say 20 years old, and GA law allowed the purchase). How ever, if the person then told me they were currently living in Florida, I wouldn't transfer the gun - not because it was against the law, but that it just gets too confusing for my understanding of the laws at that point.

edit to add - I was not dealing with a military person, so this probably does not apply to your situation.

Bay Ranger said:

Roaster's Gallery,

Have you ever had to deal with the condition of dual residency? See following link

https://fflconsultinggroup.com/sell...military-identification-dual-state-residency/

Click to expand...

Bay Ranger said:

I am selling a rifle and I have someone that is interested. He says that he is a resident of another state, he is local on active duty, and he can produce a copy of his orders. I will check to see what the laws are, however, I am interested to see if any GCGF members have been in the same situation and how you handled it.

Thanks in advance for any advice.

Click to expand...

Active-duty on orders stationed in Florida makes them eligible to purchase firearms just like a Florida resident, regardless of what state they have their "residency" for tax and home-of-record purposes.

Been there done that. Not an issue...
... unless they are a warfighter under 21, according to the butthurt commies that are screwing this state's policies.


Edit to add: actually, there "may" be an exception to the under-21 rule for them, specifically since they are active-duty military stationed here. However, I don't remember the specifics of that BS law's exceptions.

If he has an active duty military ID card,fer Christs sake . . . sell him the gun.
Can't we all agree that he deserves it if he is already fighting for this country.
Jeeeeeeze . . . why does it have to get so fuckin' complicated. --- SAWMAN

Yessssss, SAWMAN, I agree but I don't want to break the law.

Per the ATF regs:

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).

https://www.ecfr.gov/cgi-bin/text-i...f1&node=27:3.0.1.2.3&rgn=div5#se27.3.478_129a

Also, from the FDLE website:


Requirements to Purchase a Firearm
How do I know if I’m eligible to purchase a firearm?

There are ten categories of persons who are not eligible to purchase or possess a firearm under federal law (Title 18, United States Code 922(g)(1)-(9), (n)). They are:


Convicted of a felony (or equivalent)
Fugitive from justice
Unlawful user or addicted to a controlled substance
Adjudicated mentally defective or involuntarily committed to treatment
Illegal alien
Dishonorable discharge from the US Armed Forces
Renounced United States citizenship
Active protection order (restraining order, injunction for protection, etc.)
Convicted of a misdemeanor crime of domestic violence
Under indictment or information for a felony

In addition to federal law, Florida law prohibits persons who:


Are adjudicated delinquent of a crime that would have been a felony if committed by an adult until the age of 24 or until record is expunged.
Receive “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.
were recently arrested for a potentially disqualifying crime which has not been dismissed or disposed of in court.


What are the requirements to purchase a firearm in Florida?


Must be 21 years of age. Rifles and shotguns may be purchased by a person who is at least 18 when that person is a law enforcement officer or correctional officer as defined in F.S. 943.10 or service member as defined in F.S. 250.01.
Must be a Florida resident to purchase a handgun. Long guns may be purchased by persons who are residents of other states so long as the sale complies with applicable laws in the purchaser’s state of residence.
Legal permanent resident aliens who are Florida residents may purchase a firearm and must provide a valid alien registration number. Non-resident aliens visiting Florida must present a border crossing number (I-94) and a valid exception document .
Florida does not require a permit to purchase a firearm nor is there a permit that exempts any person from the background check requirement.
There is a waiting period of three days, excluding weekends and state holidays, between purchase and delivery of all firearms. Individual counties and cities have the authority to enact local ordinances extending the waiting period to as much as five days. Please consult local ordinances for more detailed information.
There is no limit to the number of firearms that may be transferred in a single transaction. The transaction is considered complete once the dealer has completed and signed the ATF Form 4473. An additional transfer (whether minutes later, the next day, or the next month) requires an additional background check.

You obviously don't have an FFL. Your responsibility according to the law is to not sell a firearm to some you know, or have reasonable suspicion of, is not eligible.

You're not required to run his DNA through the Umbrella Corporation's database in Raccoon City's basement. Stop overthinking it.

He's active-duty, so he's over 18. So no worries for a rifle.
He has orders, so no worries for "residency" BS.

If he is a criminal, his unit leadership will handle him WAY before Johnny Law ever does.

Sell him the rifle, shake his hand, and wish him the best.

Lol. Umbrella corp.

Encouraging law-breaking should be done via private messaging.

I came home from my first tour in Vietnam. We landed at Travis AFB in Calif. At that time the drinking age was 21.
We walked into a bar outside the gate not knowing about the drinking age. We were not intentionally trying to make trouble for the bar owner. We were in military uniform.
After our first drink the owner told us . . . "the drinking age is 21,but I do not care. If the police come in we"ll tell them that I checked your ID's."
The police did come in after about an hour. The owner told the cops that if we were old enough to fight,we were old enough to drink. And he would continue to serve us,and if they wanted to take him to jail he would place a call to some of his buddies that he fought with in Korea (US Army) and they would be down in a jiffy.
The cops just looked at each other,then one told me that he had two nephews "somewhere in S.E. Asia". They walked over and shook our hands,nodded at the owner, then walked out.
I never will forget that.
BUT . . . it is your gun. Make him give you a blood sample it it will make it better for you. --- SAWMAN

Snake-Eyes, If he had a Florida Drivers License there would be no issue here. Clearly, he would be a Florida resident. This dual residency concept is something entirely new. I'm trying to do due diligence here and make sure that I am not breaking the law.

Sawman, there's a hell of a lot of difference between drinking a beer when you are under age and selling a weapon to someone that by law you are not allowed to sell them. Right now I am not confident that I can legally sell the person the gun. That is why I am doing the research and hoping to capitalize on any experience the member on this forum may have.

SAWMAN said:

If he has an active duty military ID card,fer Christs sake . . . sell him the gun.
Can't we all agree that he deserves it if he is already fighting for this country.
Jeeeeeeze . . . why does it have to get so fuckin' complicated. --- SAWMAN

Click to expand...

Sorry to detail but I can’t resist. What if he is a liberal with an active duty military ID?

This is a pivate party sale right? If he looks 14YO and shows a Active Duty Mil ID showing at least 18YO. Q: Where you Stationed? A: Says NAS P'Cola. I would sell him the rifle without further question. Due diligence was done when you questioned his age based on appearance, Mil ID allowed for 18 + Sale, assigned to NAS so you can treat him like a FL Resident and conduct a private Sale. Specific Fed instructions for FFLs, Form 4473 and instructions including addresses and Orders, NICS do not apply. For the State of Fl, the Active Duty Mil ID fills Statutory Requirement.

If your not comfortable, transfer via a LOCAL FFL.

Roaster's Gallery said:

Encouraging law-breaking should be done via private messaging.

Click to expand...

Joel, I'm not sure who you're directing this at, but I'll just counter with "Don't encourage law-breaking via the Internet, period."

However, in this instance, I don't see any law-breaking.
I was active-duty stationed in Florida with my state residency and driver's license from another state.
My orders made me eligible to purchase firearms with the same rights as a Florida resident.

No gray area. Perfectly legal.

As for the OP's responsibilities, it's a private sale. He has already done WAAAAAY more than a lot of folks.
I wouldn't lose a second of sleep over it.

I’m Retired Military. If you are stationed here in FL and have an I.D. and orders showing you are stationed here, you can legally purchase a handgun/rifle as long as you meet age requirements of the state where you are stationed. While stationed in California in the early 2000’s I purchased several handguns with an out of state license (Illinois resident) that had no picture as it stated I was active duty military. I just had to show my Military I.D. and show a copy of my orders. Done deal. If the youngster meets the above, you’re good.

Thanks to all for your sincere, honest reply's. With my research and your experiences I've come to the conclusion that the sale will be lawful. I will go ahead with it.

I hope that this thread will be useful for any other GCGF member that may find themselves in the same position I was.