THE SAGA CONTINUES, FFL refused transfer, military from Florida

[SamNavy]

Residence is FL.
Domicile is LA. All you need is a copy of your PCS orders to LA and a LA ID card. This does not make you a resident. I did it while on active duty in OR while a resident of WA. WA license and OR ID card, living in OR.

Not quite, I think you're mincing terms.

I cannot get a Louisiana ID card unless I wish to become a resident of the state for the purposes of taxation and voting... which I do not want to do, because I would have to then vote and pay taxes in this state.

FOR THE PURPOSES OF PURCHASING FIREARMS, I am a resident wherever my PCS orders have me, AND WHERE MY DRIVERS LICENCE IS FROM... IE, DUAL RESIDENCY (this distinction has no meaning or bearing on any other subject and only pertains strictly for the purpose of purchasing guns). It is completely different than "State of Legal Residence" for the purposes of taxation and voting. The ATF makes this distinctions for the military because it would put an undue burden on us for buying guns. This is Federal LAW via the ATF, and means nothing outside the legalese of purchasing guns. Where my actual physical address is or where I sleep has no bearing on anything.

For example, I can vote/tax in Florida, have PCS orders to Louisiana, live in a house in Mississippi, own a house in Tennessee, and own a business in Nevada. But I can only pay taxes and vote in one state, and that's the only state I can have a drivers licence or ID card in. The ATF understands this, which is why FOR THE PURPOSES OF SATISFYING THE RESIDENCY REQUIREMENT STRICTLY FOR THE PURPOSES OF BUYING FIREARMS, I'm also a resident of the state where my PCS orders are. In the end, it's just words.

 

[SamNavy]

So, the FFL refused to do the transfer this afternoon. He said that even if the ATF agent comes down in person and explains where the misunderstanding happened and why it's legal for him to transfer the firearm, he would not do it.

After the firearms is out of this FFL's hands, I'll be back to conclude the story.

 

[CEHollier]

So, the FFL refused to do the transfer this afternoon. He said that even if the ATF agent comes down in person and explains where the misunderstanding happened and why it's legal for him to transfer the firearm, he would not do it.

After the firearms is out of this FFL's hands, I'll be back to conclude the story.

After the Fast and Furious debacle I guess FFL's are nervous and covering their butts. Not agreeing. Just saying.

 

[themcfarland]

Have him transfer it to your new store of choice and screw that guy man.. there are too many to to having to deal with this

 

[nola_]

Who is this FFL so I can avoid any possible headaches? Thanks

 

[kcinnick]

you would think that people who are in the business of selling firearms and such that they, of all people, would know the laws concerning the business they make their living off of. or at the very least clear up any misconceptions with the ATF not have their customers do it for them. i wouldnt go back personally

You should see the package of laws the ATF sends you when you get an FFL, my wife thought I had ordered something.

 

[Cat]

After the Fast and Furious debacle I guess FFL's are nervous and covering their butts. Not agreeing. Just saying.

Could be. Partly an ass to by the sound of things. If that's his reason, I personally would find it understandable. Especially during a heated political time. All he'd have to do is explain he had two different opposing conversations and until further inquiry (maybe he wants a different ATF agent to say one way or the other), he can't make the transaction.

 

[aroundlsu]

You should see the package of laws the ATF sends you when you get an FFL, my wife thought I had ordered something.

I can confirm this. I only have a C&R FFL yet I still got a big box of books, manuals, and forms. Your FFL knows the ATF well enough to know that anything can come back to bite him (even if they tell him its OK) and he feels it just isn't worth the potential hassle.

 

[Taiaut]

Could be. Partly an ass to by the sound of things. If that's his reason, I personally would find it understandable. Especially during a heated political time. All he'd have to do is explain he had two different opposing conversations and until further inquiry (maybe he wants a different ATF agent to say one way or the other), he can't make the transaction.

Maybe he is dealing close to the edge. Last thing he wants is ATF snooping around his shop.

 

[rockmup]

As an FFL, I wouldn't do it either, even though I know the law well. I wouldn't do it because I've had them in my home twice telling me I was doing something wrong when I wasn't. I could prove that I wasn't and it was still a huge drama fest. Not worth the hassle. Sucks for you but it is what it is.

Just go find someone else and let it go. You'll be better off in the end.

 

[Cat]

Maybe he is dealing close to the edge. Last thing he wants is ATF snooping around his shop.

Oh I agree. Maybe I shouldn't have said he sounds like a partial ass. IF(!!!) he was being sarcastic and said he wouldn't do it even if she came back... I think he could have used more tact. But he certainly may have been tactful and the OP is a bit grouchy at the overall headache.

Either way - Todd nailed it IMO.

 

[TheHoneyBadger]

Our ATF lady toldl us only exception to the no out of state X-fers(on hand guns) was your type of case. All you should need is your PCS orders and proper identification .
We make a copy of both, file them and X-fer you the gun. no big deal it was unclear at first but thats what she said we need to do so thats what we do.
i work a few days a month @ the largest gun shop in MS. go to a differnt shop IMO

 

[dixiejarhead]

Not quite, I think you're mincing terms.

I cannot get a Louisiana ID card unless I wish to become a resident of the state for the purposes of taxation and voting... which I do not want to do, because I would have to then vote and pay taxes in this state.

FOR THE PURPOSES OF PURCHASING FIREARMS, I am a resident wherever my PCS orders have me, AND WHERE MY DRIVERS LICENCE IS FROM... IE, DUAL RESIDENCY (this distinction has no meaning or bearing on any other subject and only pertains strictly for the purpose of purchasing guns). It is completely different than "State of Legal Residence" for the purposes of taxation and voting. The ATF makes this distinctions for the military because it would put an undue burden on us for buying guns. This is Federal LAW via the ATF, and means nothing outside the legalese of purchasing guns. Where my actual physical address is or where I sleep has no bearing on anything.

For example, I can vote/tax in Florida, have PCS orders to Louisiana, live in a house in Mississippi, own a house in Tennessee, and own a business in Nevada. But I can only pay taxes and vote in one state, and that's the only state I can have a drivers licence or ID card in. The ATF understands this, which is why FOR THE PURPOSES OF SATISFYING THE RESIDENCY REQUIREMENT STRICTLY FOR THE PURPOSES OF BUYING FIREARMS, I'm also a resident of the state where my PCS orders are. In the end, it's just words.

Um, yes, you can get an ID card, and it does NOT make it your domicile. LA is your residence. Look up the serviceman and sailors relief act, spells it out pretty clearly on taxes.
Residence is where you abode at the moment. If it's mississippi, then you're sol. Unless you buy in MS. You can get an ID card from that state, I did it, and it is perfectly legal.

Found this link, I was mistaken in terminology, I stand corrected. FL is your domicile, LA is your temp residence. You DO NOT HAVE TO PAY LA TAXES. Look up active duty military exemptions at the LA dept of revenue and check out this link: http://www.brooks.af.mil/library/factsheets/factsheet.asp?id=6248