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Military purchase out of home state?

Discussion in 'Guns & Hunting' started by luka, Feb 15, 2013.

  1. Feb 15, 2013 at 3:17 PM
    #1
    luka

    luka [OP] Well-Known Member

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    I'll be in Texas this summer for some training and was looking to pick up a gun or 2 since i'm there...looked up the various gun laws of my home state (HI) and also TX laws and it seems getting a gun elsewhere would be easier(and much cheaper) to update when I fly home. Just not sure how to do it if I can..

    I won't have PCS orders so would I be SOL?

    The main reason for doing is a plain cost savings as guns here are 50-75% more expensive here than the CONUS.
     
  2. Feb 15, 2013 at 3:25 PM
    #2
    double dee

    double dee Well-Known Member

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    Boosted and lots of $$$ down the drain
    everytime i've bought a gun i needed my pcs orders to prove where i'm residing
     
  3. Feb 15, 2013 at 3:27 PM
    #3
    Ryan DCFS

    Ryan DCFS New guy

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    You need to check your local laws.

    If the gun you want to purchase is legal for you to buy/own/possess in your area, but cheaper to purchase in Texas, I don't think there would be an issue. Again, check your local laws.

    Edit: I'm thinking civilian. So I wouldn't know for military, I just don't know why it would be different.
     
  4. Feb 15, 2013 at 3:35 PM
    #4
    luka

    luka [OP] Well-Known Member

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    yeah, i'm not looking for anything fancy, maybe an AR-15 and a handgun just to play around with and stay profficient outside of the regular live-fire training. HI isn't that bad to own, just very limited on where you can shoot.

    I'll have TDY orders staying on post..
     
  5. Feb 15, 2013 at 3:37 PM
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    Haslefre

    Haslefre Offline

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    You have to have PCS orders or an id with a local address.
     
  6. Feb 15, 2013 at 5:29 PM
    #6
    wileyC

    wileyC Well-Known Member

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    ...as i understand it, you can purchase a gun in a different state, and have the dealer ship it to an FFL dealer in your state, ..where you would sign for it (form 4473), and probably pay an FFL transfer fee...

    ...that said, ...and, you mentioned AR-15, ..well, ..i don't know about much about HI, but i do know it's a communist state in terms of gun laws... you'd better check w/ HI laws to see what you "are allowed" to possess, ...a regular 'ole AR-15, legal in TX and most states, may not be legal to possess, in the standard configuration, in HI...

    ...thanks for your service!
     
  7. Feb 15, 2013 at 7:12 PM
    #7
    luka

    luka [OP] Well-Known Member

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    Thanks.

    My bro lives in OK so he might be able to help, but i'd rather not bother him if I don't have to.

    AR's are ok here(non-auto), they are just anti anything with a clip capacity larger then 7 or 10(for handguns/rifles I think)..just have some paperwork to file for the permit and the local PD inspect it to make sure it's not an automatic.

    i'll look into the form 4473, i'm pretty sure a transfer fee would still be much better then a straight up local purchase.
     
  8. Feb 15, 2013 at 7:35 PM
    #8
    wileyC

    wileyC Well-Known Member

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    ..again, ...i don't know HI, ...but FFL transfer fees are generally anywhere between $20 and $50 around these parts (i.e OH)..

    you could even buy a rifle from an online vendor and have it shipped to an FFL in HI... good luck finding an AR-15, ...anywhere... unless it's sheer luck you walk into the store when they are taking delivery :D also, ...keep in mind some manufs include a 30rnd "standard capacity" magazine w/ rifle purchases... ;)
     
  9. Feb 16, 2013 at 4:25 PM
    #9
    fritzthecat

    fritzthecat Well-Known Member

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    Long Guns are ok to purchase out of state as longs as it is legal to own that long gun in your home state. And the state you are buying in has no specific laws forbidding the purchase.
    Handguns must be shipped to an FFL in your home state and you take possession there.

    Fritz
     
  10. Feb 16, 2013 at 4:50 PM
    #10
    Rich91710

    Rich91710 Well-Known Member

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    Depending on the laws of the state of residence.

    BATFE says that an FFL must be involved for a transaction involving a resident of a different state.
    The BATFE also says that the transactions must follow the laws of BOTH the state of residence and the state of the transaction.

    It is not legal for a Californian (without an 03FFL) to purchase a gun of any kind outside of California. Hawaii is likely similar.


    That said...

    OP is in the military. His orders indicate his state of residence. If he is stationed in AZ or Texas, then he is legally a resident of that state.

    The issue then becomes, what will happen when his deployment is over and he returns to Hawaii, or if he is later stationed in California.

    If he is STATIONED in California, the DOJ will allow him to register a banned AR15, and the registration is valid for the duration of his orders.
    No issues with a handgun (as long as it does not have a threaded barrel or other assault weapon features).

    Hawaii will be a different story. I don't know what kind of assault weapon laws they have, but if he were returning to California to live permanently, he would not be able to bring a banned weapon with him, even if it would be legal to temporarily register for the term of his orders while stationed here.
     
  11. Feb 16, 2013 at 4:53 PM
    #11
    toughtaco

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    Where in TX? If you are going to Ft. Hood there are alot of places to buy new and used..... good luck. I am doing the same thing since I own a house in Killeen and live in NY.
     
  12. Feb 16, 2013 at 4:54 PM
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    Rich91710

    Rich91710 Well-Known Member

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    Your military deployment overrides what Wiley is talking about.

    Wiley's situation would be as if you were on vacation and wanted to buy a gun in Texas.
    The gun will be shipped to your receiving FFL, and you have to walk into that dealership and process it same as if you were buying online.
    For one thing, the receiving FFL needs a heads up, and since you're going to be training, they need to be willing to store it until you get home.

    Your brother can't help without getting into grey areas under federal law.
     
  13. Feb 16, 2013 at 4:57 PM
    #13
    SpeedoJosh

    SpeedoJosh Well-Known Member

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    Can't you do a person to person purchase without all the paperwork? I've never sold any of my guns, but don't remember ever signing paper when I was buying from a person, and not a store.
     
  14. Feb 16, 2013 at 4:58 PM
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    11TRD

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    This /\

    Unless you are purchasing from your state of record, thats on your drivers license. I am stationed in Virginia and have purchased guns here and they all required my PCS orders. But when I go home on leave in Tennessee all I need is my drivers license and another ID.
     
  15. Feb 16, 2013 at 5:03 PM
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    Rich91710

    Rich91710 Well-Known Member

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    It depends on the laws of his state of residence.

    It is not legal for me to conduct a PPT outside of California (other than C&R), and California requires that the transfer take place at an FFL.
    Full 4473, DROS, and background check even for a PPT.
     
  16. Feb 16, 2013 at 5:52 PM
    #16
    luka

    luka [OP] Well-Known Member

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    nah, i'll be up north at Sheppard.

    From what I read on the local PD website regarding gun registration here, there is a 14-day wait period for a permit that is good for 6 days to purchase...I'd assume that people find a gun and put a down-payment at the shop and wait for the permit before completing the sale.

    Bringing in a gun from out of state only needs to physically brought in for an inspection within 72hours of arriving without a wait period to register.

    If I read/understood it correctly

    http://www.honolulupd.org/information/index.php?page=gunmain

    I understand TX laws to be much simpler.
     
  17. Feb 16, 2013 at 6:29 PM
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    Rich91710

    Rich91710 Well-Known Member

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    Yes, Texas laws are much simpler, but you can't purchase a handgun in Texas without orders making you a temporary resident of Texas.

    If you remain a HI resident, you must transfer the gun through an HI gun shop, and at that point, all of your current restrictions come back into play... it is cheaper and easier to simply buy OTC in your home state than it is to have one shipped in from another state.

    One way around it, get an 03FFL, and you can then purchase handguns and long guns that are 50 years old or older when out of state and bring them home with you.
     
  18. Feb 16, 2013 at 6:37 PM
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    timmyedge

    timmyedge Well-Known Member

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    Since you are a resident of HI you can not purchase a weapon from Tx. Reguardless of you beeing in Military. If you were stationed in Tx meaning you have orders you can. But since Tx doesnt sale any weapons to HI residents your SOL.....
     
  19. Feb 16, 2013 at 6:56 PM
    #19
    Dandoozel

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    This is what I would. Get a copy of your training orders, then when you check into the school house/ barracks go to the post office on base and get a mail box. Then when you go to the dealer you will have prove of residence if you need it. If you are lucky the dealer will see the orders and not question the integrity of the purchase. I betting he will be happy to sell to a service member. Texas is probably the most military friendly state I've been to. Good luck with the weapon and training.
     
  20. Feb 16, 2013 at 8:39 PM
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    luka

    luka [OP] Well-Known Member

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    Thanks for the info, i'm sure i'll figure it out before I get there in about 2 months.

    Doing a purchase in TX and having the dealer ship it to another here locally would probably be the choice option if it'll save me a couple of bills. Just been hearing stories about insane price inflation due to the rush.
     
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