Selling to military members......

[Brown-Bear]

My brother is currently stationed in Lousianna, but his permanant address is listed as Maryland. He wants to buy one of my pistols from me. Now what? I assume we would need to do the transfer in Maryland, and he then needs to do whatever he needs to do to able to have it in La. Correct?

[JayBell]

My brother is currently stationed in Lousianna, but his permanant address is listed as Maryland. He wants to buy one of my pistols from me. Now what? I assume we would need to do the transfer in Maryland, and he then needs to do whatever he needs to do to able to have it in La. Correct?

http://www.atf.gov/firearms/faq/unli...tate-residency

Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

[Xringshooter]

The above really says it all. All he has to do is to contact a FFL in LA to have the gun transferred. You send it to that FFL and he does the rest. There are no restrictions for a non licensee to send any gun to a FFL in any state, although if it is an NFA item you must do other paperwork.

From the BATFE:
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]


A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]