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Hey everyone,

Me, my wife and a buddy will be going to a gun show in GA on 19 Dec. We are stationed in SC. Whats the laws about buying guns in other states? I have looked into it and all i can see is that you can buy a gun in your state of residency. Cant find anything that says you cant buy in another state. Are there different laws for Active military? Am I able to bring my orders and buy anywhere? I appreciate the help.
 

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As a non-resident, you can not buy a gun and take it home with you. You may buy and pay for one in GA and have it shipped to an FFL in SC, then pick it up from them.

The only thing CWP does for you (in your home state) is eliminates the need for the background check when buying a gun.
 

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Ok, so get it shipped to any gun store that has a FFL? Now does that pertain to buying a gun for someone else? For example, my mother is a security guard in FL. She is soon going to be an armed security guard. Im wanting to buy her first gun. Could I pay for it here in SC, then have them send it to a FFL there in FL?
 

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Ok, so get it shipped to any gun store that has a FFL? Now does that pertain to buying a gun for someone else? For example, my mother is a security guard in FL. She is soon going to be an armed security guard. Im wanting to buy her first gun. Could I pay for it here in SC, then have them send it to a FFL there in FL?
Technically you can't legally buy a firearm for someone else, it's called a straw purchase. What does work is if you do the legwork and find the gun in a shop where she can go and do all the paperwork and have the shop bill you. That, or see if they will sell you a gift certificate so she can just go pick it up and fill out the forms.
 

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"NC Bullseye" is right, and that's probably the easiest way to buy a gun for her. You can buy a gun and make a gift of it in most states. Here again, the trick is both the giver and the givee must reside in the same state. If you can get a weekend leave, a trip to FL to help her pick one might be a good mom/son bonding thing. She can buy it, you can pay for it.

Remember, guide her but let her pick it out.

Delete item 4 for open or duty carry.

The "best" gun is the one YOU like, not anyone else. It will be a compromise of:

1. Fit - It should fit in your hand like you were born with it there.
2. Reliability - It should go BANG about 99.8% of the time you pull the trigger.
3. Accuracy - In YOUR hand. It's how well YOU shoot it.
4. Concealability - It should be comfortable enough to wear and easy enough to conceal so you won't leave it laying on the dresser at home.
5. Cost - You don't want to scrimp on your "life protector" weapon, but you probably don't need a $1,000 Kimber, either.
 

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In most states a nonresident can buy a rifle or shotgun but not a handgun.
In any case your SC CWP is not recognized in GA so be careful traveling there.
Buying a gift gun was covered well previously. Nothing to add except maybe a good excuse for a vacation to Florida.
 

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Technically you can't legally buy a firearm for someone else, it's called a straw purchase. What does work is if you do the legwork and find the gun in a shop where she can go and do all the paperwork and have the shop bill you. That, or see if they will sell you a gift certificate so she can just go pick it up and fill out the forms.


here s the definition of a straw purchase

NOTICE the part ," prohibited by law from possessing"


Straw Purchasing

Buying a gun for someone who is prohibited by law from possessing one or for someone who does not want his or her name associated with the transaction is a "straw purchase."

1.An illegal firearm purchase (straw purchase) is a federal crime.

2.An illegal firearm purchase can bring a felony conviction sentence of ten years in jail and a fine of up to $250,000.

3.Buying a gun for someone who can't can cost you your good name and land you in big trouble.

Never buy a gun for someone who is unwilling or unable to do so.

Whatever you do, Don't Lie for the Other Guy!



"Suppose you were an idiot. And suppose you were a member of Congress.... But then I repeat myself."
Mark Twain
 

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You can buy a long gun or shotgun, but not a handgun (Fed. Law) in a state in which you are NOT a resident.

"Technically you can't legally buy a firearm for someone else, it's called a straw purchase. "
True, but if his mother is legally eligible to purchase a weapon and she pays him for it (buys it from him) all is legal (in Florida). What you can't do is buy a gun for someone who couldn't legally buy ine themself (due to a felony, etc.).
 

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If your home state is GA, you are active duty and you are stationed in SC you may buy a handgun in GA and SC (with a copy of your orders).

So, there is a difference for Active duty. As active duty, you can buy in your home state - Home of Record (if you maintain your DL and residency by noting it as your Home of Record) and your duty state (with proof...your orders... you are stationed there).

Semper fi, Devil Dog.
 

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Discussion Starter #10
If your home state is GA, you are active duty and you are stationed in SC you may buy a handgun in GA and SC (with a copy of your orders).

So, there is a difference for Active duty. As active duty, you can buy in your home state - Home of Record (if you maintain your DL and residency by noting it as your Home of Record) and your duty state (with proof...your orders... you are stationed there).

Semper fi, Devil Dog.
Well Fl is my home of record however I have a DL in SC. (had to change it in order to be exempt from taking the DMVs motorcycle course when I got the license).

So if I'm understanding this all correctly, I CAN purchase a gun for my mother without it being a "straw purchase" because I know she IS able to buy one (no felony or other reason not to be able).

Ok. Another question. Let's say I go to the PX on base and buy the gun she wants. (let's just say because it's the best price I find) I know upon my purchase it gets registered in my name in the state of SC. How would I be "legally" allowed to give that gun as a gift to my mother that is a resident of FL? This is where I get confused. Because "technically" I am still a resident of FL since I don't pay state taxes that SC requires. I have a "resident" or atleast what I believe to be a resident permit of SC. According to the ATF website if I'm reading it correctly says: one can only sell a handgun to another resident of the same state. Now I'm NOT selling. But giving. Since I'm stationed in SC - like you were saying about active duty mil being different am I able to sell to a SC res AND a FL res? Sorry if I confused anyone.
 

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You're making this too complicated. As long as your mom is legally allowed to purchase a firearm, you can give or sell her a gun. If it makes you feel better, sell it to her for $1. The only issue is whether the warrenty transfers or not, and that is a manufacturer issue.

As for the PX issue, get a signed bill of sale/transfer from her, proof that you transferred ownership to her by whatever means.

My son bought my Glock for me (in Fl) because the store is where he lives (in Fl also). I wrote him a check for the full amount (sold to me, who can legally purchase a firearm). It was a matter of convenience.
 

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I appreciate your input old vet but there seems to be a little more red tape in my case. I'm not concerned about the gift or the selling part. Your son purchased a gun for you in the state you BOTH reside in. I am not sure if I am still an actual resident of Fl still. I mean unless my home of record being fl means I am. In that case I have no more questions. But if the fact is I'm not a resident anymore then my question still stands. How can I give this gun to her legally?
 

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Marine, what is your Home of Record, what State is your Driver's License?

If the answer is FL to both, then you are a FL resident, it doesn't matter what state you live in because of orders.

If you changed your license for some reason to SC, then you are a SC resident and you need to change your HOR the next time you re-enlist and start paying SC taxes as you changed your State of Residence by your own act. So, the answer to your question (I was an Admin Officer as an additional duty for a few years while in the squadrons and used to deal with this all the time) you are a SC resident and no longer a FL resident. You must make all of your paperwork match! Go see your admin office and your tax folks ASAP. You need to take care of your personal affairs as you took a resident SC DL and a SC resident CCP and are considered a resident. The tax folks will be none too happy if you don't start paying them their due. You would have been better off remaining a FL resident and taking the d*** test! Don't delay, this will catch up to you, especially in this age of computers and cross checking.

You are a SC resident and want to gift a gun to your Mom in FL, then you can do so if there is no law in FL that prevents her from owning a firearm and prevents that firearm from entering the State, you just can't ship it to her, you must give it to her FTF.

It isn't that hard.

S/F
 

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It may be me, but you seem a little hostile Chorizo. You say it isn't that hard, but that seems pretty damn hard without the correct info. Thanks for the input former Devil Dog.
 

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Marine, what is your Home of Record, what State is your Driver's License?

If the answer is FL to both, then you are a FL resident, it doesn't matter what state you live in because of orders.

If you changed your license for some reason to SC, then you are a SC resident and you need to change your HOR the next time you re-enlist and start paying SC taxes as you changed your State of Residence by your own act. So, the answer to your question (I was an Admin Officer as an additional duty for a few years while in the squadrons and used to deal with this all the time) you are a SC resident and no longer a FL resident. You must make all of your paperwork match! Go see your admin office and your tax folks ASAP. You need to take care of your personal affairs as you took a resident SC DL and a SC resident CCP and are considered a resident. The tax folks will be none too happy if you don't start paying them their due. You would have been better off remaining a FL resident and taking the d*** test! Don't delay, this will catch up to you, especially in this age of computers and cross checking.

You are a SC resident and want to gift a gun to your Mom in FL, then you can do so if there is no law in FL that prevents her from owning a firearm and prevents that firearm from entering the State, you just can't ship it to her, you must give it to her FTF.

It isn't that hard.

S/F

I am a Marine Admin guy and that is not true. As an Active Duty Marine your home of record is going to be were you enlisted in the service until 1) you retire 2) you EAS. As an active duty Marine with orders it does not matter were you get your DL from, I live in SC and while I was AD my HOR was Ohio. Even after I got a new DL in SC my HOR was still OH. As for the purchasing of a handgun, with PCS orders you are able to make purchases in that state you are Stationed in and in your HOR.
 

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As a non-resident, you can not buy a gun and take it home with you. You may buy and pay for one in GA and have it shipped to an FFL in SC, then pick it up from them.

The only thing CWP does for you (in your home state) is eliminates the need for the background check when buying a gun.
Not all states have passed laws to allow a CCW/CCH to waive the Brady check.
Ok, so get it shipped to any gun store that has a FFL? Now does that pertain to buying a gun for someone else? For example, my mother is a security guard in FL. She is soon going to be an armed security guard. Im wanting to buy her first gun. Could I pay for it here in SC, then have them send it to a FFL there in FL?
You can BUY a gun anywhere. You can only take delivery and carry it away if it is in a state that has passed a law that allows long guns to be purchased by non-residents and your state of residence has a similar law.
You cannot buy a handgun and take delivery out of state, but dealer A can ship to dealer B in your home state and you do the 4473 one time, from the dealer you get the gun. If you intend to make such purchases, talk to your chosen dealer and get several "original copies, signed in ink" and give your money and the dealer's FFL to the dealer who has the gun you want.

Why not just send her a gift certificate or a check, if she buys it she might get a discount.
Technically you can't legally buy a firearm for someone else, it's called a straw purchase. What does work is if you do the legwork and find the gun in a shop where she can go and do all the paperwork and have the shop bill you. That, or see if they will sell you a gift certificate so she can just go pick it up and fill out the forms.
Federal law say no person may buy, sell or provide a gun to a prohibited person. A straw purchase is an evasion of that law. A gift is not a straw purchase as long as you know or have no reason to believe the person is prohibited.
Gee, did it ever occur to felons that all those prison tats on necks, arms and hands will raise "red flags" to any and everybody. Let me see you arms and hands should be an FFLs request, not just LEO at an arrest.
 

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I am a Marine Admin guy and that is not true. As an Active Duty Marine your home of record is going to be were you enlisted in the service until 1) you retire 2) you EAS. As an active duty Marine with orders it does not matter were you get your DL from, I live in SC and while I was AD my HOR was Ohio. Even after I got a new DL in SC my HOR was still OH. As for the purchasing of a handgun, with PCS orders you are able to make purchases in that state you are Stationed in and in your HOR.
The State of Kansas just passed a law to allow military personnel to be considered a Kansas resident for the purpose of getting a CCH.
You're a resident in possiby more than one state; where do you vote, where do you pay taxes, what DL do you have and where do you sleep regularly?
For purchase ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives has answers, for a CCW/CCH the state decides what constitutes residency, for college tuition there are other rules.
 

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2ndAmend,

Must have changed some regs since I retired in 2001. Good to hear they are more reasonable.

But the advice to see legal/admin remains the same. Get into the folks that have the regulations and get things cleared up.

S/F
 

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Negative!

Marine, what is your Home of Record, what State is your Driver's License?

If the answer is FL to both, then you are a FL resident, it doesn't matter what state you live in because of orders.

If you changed your license for some reason to SC, then you are a SC resident and you need to change your HOR the next time you re-enlist and start paying SC taxes as you changed your State of Residence by your own act.
S/F
That is not correct. Under the Soldiers and Sailors Act, if you're stationed outside of your H of R, you are entitled to have a DL in the state where you are assigned "without" being a tax-paying resident. I did it often during my 20+ years. Your "tax" responsibility (Income-wise, not vehicle registration, etc.) is based on your H of R. The military (and states) realize it can be difficult to maintain your home state credentials (DL, etc. ) when you may not be there for years.

Home of Record and state where Dl is issued are not required to be one and the same, by law.

As for the firearms question, why couldn't you give a firearm to your mom? There is NO legal prohabition against it, seeing as she's a law-abiding citizen who can legally own one.

Make a trip to your base legal office and get tehir input, I'll bet they say, "Give Mom the gun." They might suggest getting a receipt of transfer of some sort to CYA the ownership of the gun, but, again, I don't see any problem in giving her the gun.

I'd be interested in hearing what they recommend. Send me a message if you ask them.

Check with your personnel office. Your H of R should remain the same (FL) until you change it. I changed my during my carrer and there is specific paperwork to do so.
 

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As per the ATF and verified via phone. You can not gift a handgun to someone in a different state without going through a FFL. The ONLY time a handgun can change ownership from person to person in different states is as part of an estate after death. That is federal law. States may have additional restrictions such as NC that requires the recipient to have a pistol permit.

Don't take my word though, call your closest ATF satellite office and verify. Club Fed would be a seasonal buzz kill.
 
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