FFL Dealer Sales – Military Personnel

If you live close to a military base perhaps you should consider servicing the active duty military personnel as clients. The Gun Control Act (GCA) took the residency of active military personal into consideration when the ruling on firearms sales was set out. Corresponding to the ATF, active duty members of the Armed Forces can have more than one state of residency.  Before proceeding, let us clarify what ”active duty” stands for. This is the official definition the Defense Department attributes to active duty: “full-time duty in the active military service of the United States. This includes members of the Reserve Components serving on active duty or full-time training duty, but does not include full-time National Guard duty.” The initial state of residence falls under the Gun Control Act definition of State of Residence, meaning the state in which the person in cause is residing. The alternate state residency means the state in which the permanent duty station of the service member is located. But, in a situation where the person is residing and stationed in Nebraska, the State of residency would be solely Nebraska. We will list some useful examples for you the have a clearer picture. The Air Force Base Offutt is situated in Omaha, Nebraska. Due to Omaha’s vicinity to Iowa, a member of the Armed Forces could daily commute to Nebraska. In this case, the service member would be eligible for residency in Nebraska and Iowa. Another example is Ft. Campbell Army Base, that is literally situated in Kentucky and Tennessee. In this case, obviously the service member would have both Kentucky and Tennessee residencies. In the case potential customers with dual state residency, that wish to acquire a firearm from you as a FFL licensee, you must follow specific rules when you fill out the ATF 4473 Form, in the Firearms Transaction record.  For example, if a service member is buying a firearm in the state where his/her permanent duty station is situated, but does not live in the duty station, he/she must fill in both duty station address and residence address as an answer to Question 2. If a service member is buying a firearm in the state where his/her permanent duty station is situated but has a driver’s license from a different state, you should fill in the transferee’s military ID card and official orders that demonstrate where his/her permanent duty station is situated in response to Question 18a.

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