Buying in Texas - Page 2 - XDTalk Forums - Your HS2000/SA-XD Information Source!

kgraham11 · 05-12-2008, 01:34 PM

You could ask about this in Texas... In Virginia, before I purchased I was told that I either had to have a VA driver's license and 2nd document showing Virginia address (utility bill, etc), or, a copy of my orders and the 2nd document showing VA address. Are you renting a place there or in Govt housing?

Carnivorous · 05-12-2008, 01:42 PM

Quote:

Originally Posted by PolsVoice

Cool thing about Texas is that they have this 'Texas ID' thing. It's a state ID that'll let you buy a gun, but you won't have to do the hassel of transferring your Driver's License.

You can get it at any DMV.

+1

Didn't think about that, but sounds smart. I'm pretty sure you can get it if you bring in a lease or utility bill or other document that shows you are living here.

DaBull · 05-12-2008, 02:51 PM

I am not a resident of Texas, but am active military and have been stationed in Texas from 1997-2000 and again since 2005. In the last three years, I have purchased several handguns, a rifle, and a shotgun from several different dealers and stores here in Texas. All I showed them was my military orders.

I cannot cite the law, but I have heard the spiel from different FFLs so many times that I take it as gospel: if you are military and are stationed in Texas with military orders in hand (that list your base here in Texas), you are for the purposes of the purchase, considered a resident of Texas. The Texas ID or Drivers License is only required if you want to get a concealed carry permit. My orders and some cash is all I take with me when I visit a gun show. A few days ago, my FFL tried to show me the code (somewhere on the back of the form you fill out when you buy a weapon) that talks about military treated like residents, but the print was so small he gave up after a few minutes. If you can get a copy of that form, you could look for it.

Like I said, it has worked for me multiple times in Texas, and it has also worked for me multiple times in Colorado. Some dealers in Colorado did ask for a utility bill to prove that I lived there (in addition to my orders). In any case, this has to be law somewhere...there can't be that many dealers out there defying the BATFE. It is possible that the basis for this comes not from the usual firearms codes that FFLs are bound by, but the Soldiers and Sailors Act which says that states have to treat military a certain way because of our moving around all the time. For example, we can delay a lawsuit against us until we leave the military and we can live in one state, yet maintain a drivers license or car registration in another.

figment · 05-12-2008, 02:54 PM

this is federal not state law you're running up against. Long guns yes, but no handguns can be purchased outside your own state of residence. This happened back in 1962 or there abouts IIRC.

DaBull · 05-12-2008, 03:09 PM

My explanation does not contradict yours. In Colorado and Texas, with military orders stationing you in that state, you are for the purposes of the purchase only, a resident of that state. This makes sense too...otherwise, people in the armed forces would never be allowed to buy a gun unless they were stationed in their own state! Most military are never that lucky...to be stationed at home...they go away for 20+ years before they return. Think of someone from Iowa who joins the Navy...when would they ever be stationed in Iowa? This is why I think the basis for the law may not be in 922 but in the Soldiers and Sailors Act or something like that.

Another example...in many states, I was eligible for in state tuition rates at state universities. I was not a resident, but all I had to do was show them my military orders and voila...I got resident tuition rates as did my dependents. This is not true for all states, however, which is why states may be allowed to impose their own restrictions over and above the law. For example, CO FFLs usually asked to see proof of address in addition to my orders.

I wish I had the law to cite, but I don't...because it has never been a problem for me. I will check with my FFL as he nearly showed me the passage last week, but I was too eager to leave with my new (to me) SIG P6.

RVwannaB · 05-12-2008, 06:04 PM

Quote:

Originally Posted by kgraham11

Are you renting a place there or in Govt housing?

Renting.

Thanks for all the replies. DaBull, that makes sense to me. We have a gun show in town this weekend, hopefully the dealers will take the orders. I'm not sure why the local places won't take them. Academy was giving me a hard time about buying an AR (which turned out saved me some $$$ elsewhere) and said absolutely not on handguns.

DaBull · 05-14-2008, 04:14 PM

FWIW, here is what my FFL said:

The ATF Form 4473 states quite clearly that a military person that is stationed at a base and LIVES there is OK. The instructions state that both the military member's home of record and temp living address (along with some proof of assignment like a leave and earning statement or orders assigning them to a particular base) should be recorded as the address.

The preceeding is what is on the Form 4473, the law that backs this up is somewhere else...still don't know where.

HTOWN stunna · 05-14-2008, 05:16 PM

when i purchased my gun here in alpine, had a TX DL with a houston address on it, the salesman said college and military are exemptions when purchasing a firearm. how true is this? dont know, but when i tried to buy a gun in houston they wouldnt sell it to me because the address wasnt correct.

RVwannaB · 05-14-2008, 09:26 PM

Quote:

Originally Posted by DaBull

FWIW, here is what my FFL said:

The ATF Form 4473 states quite clearly that a military person that is stationed at a base and LIVES there is OK. The instructions state that both the military member's home of record and temp living address (along with some proof of assignment like a leave and earning statement or orders assigning them to a particular base) should be recorded as the address.

The preceeding is what is on the Form 4473, the law that backs this up is somewhere else...still don't know where.

Thanks DaBull and everyone for your replies, you all have been a great help. I think my stimulus package has been spent already and I just got it!

seattleducati · 05-15-2008, 08:42 AM

One correction to DaBull

"The Texas ID or Drivers License is only required if you want to get a concealed carry permit"

That is incorrect. Anyone, from any state, can get a Texas CHL as long as you take the CHL class in Texas. I took my CHL class on 4/30 so this is fresh in my mind. The sucky thing about the class is that it's 12-15 hours long and it's all in one day, which is why (I'm assuming) people from farther away states don't take the class.

05-12-2008, 01:34 PM	#11
kgraham11 XDTalk Newbie Join Date: Apr 2008 Location: Virginia Beach, VA Posts: 5	You could ask about this in Texas... In Virginia, before I purchased I was told that I either had to have a VA driver's license and 2nd document showing Virginia address (utility bill, etc), or, a copy of my orders and the 2nd document showing VA address. Are you renting a place there or in Govt housing? __________________ XD-40 Service

05-12-2008, 02:51 PM	#13
DaBull XDTalk Newbie Join Date: Apr 2008 Location: Texas Posts: 7	I am not a resident of Texas, but am active military and have been stationed in Texas from 1997-2000 and again since 2005. In the last three years, I have purchased several handguns, a rifle, and a shotgun from several different dealers and stores here in Texas. All I showed them was my military orders. I cannot cite the law, but I have heard the spiel from different FFLs so many times that I take it as gospel: if you are military and are stationed in Texas with military orders in hand (that list your base here in Texas), you are for the purposes of the purchase, considered a resident of Texas. The Texas ID or Drivers License is only required if you want to get a concealed carry permit. My orders and some cash is all I take with me when I visit a gun show. A few days ago, my FFL tried to show me the code (somewhere on the back of the form you fill out when you buy a weapon) that talks about military treated like residents, but the print was so small he gave up after a few minutes. If you can get a copy of that form, you could look for it. Like I said, it has worked for me multiple times in Texas, and it has also worked for me multiple times in Colorado. Some dealers in Colorado did ask for a utility bill to prove that I lived there (in addition to my orders). In any case, this has to be law somewhere...there can't be that many dealers out there defying the BATFE. It is possible that the basis for this comes not from the usual firearms codes that FFLs are bound by, but the Soldiers and Sailors Act which says that states have to treat military a certain way because of our moving around all the time. For example, we can delay a lawsuit against us until we leave the military and we can live in one state, yet maintain a drivers license or car registration in another. Last edited by DaBull : 05-12-2008 at 03:06 PM.

05-12-2008, 03:09 PM	#15
DaBull XDTalk Newbie Join Date: Apr 2008 Location: Texas Posts: 7	My explanation does not contradict yours. In Colorado and Texas, with military orders stationing you in that state, you are for the purposes of the purchase only, a resident of that state. This makes sense too...otherwise, people in the armed forces would never be allowed to buy a gun unless they were stationed in their own state! Most military are never that lucky...to be stationed at home...they go away for 20+ years before they return. Think of someone from Iowa who joins the Navy...when would they ever be stationed in Iowa? This is why I think the basis for the law may not be in 922 but in the Soldiers and Sailors Act or something like that. Another example...in many states, I was eligible for in state tuition rates at state universities. I was not a resident, but all I had to do was show them my military orders and voila...I got resident tuition rates as did my dependents. This is not true for all states, however, which is why states may be allowed to impose their own restrictions over and above the law. For example, CO FFLs usually asked to see proof of address in addition to my orders. I wish I had the law to cite, but I don't...because it has never been a problem for me. I will check with my FFL as he nearly showed me the passage last week, but I was too eager to leave with my new (to me) SIG P6. Last edited by DaBull : 05-12-2008 at 03:26 PM.

05-14-2008, 05:16 PM	#18
HTOWN stunna XDTalk 1K Member Join Date: Jan 2005 Location: Alpine Texas Posts: 1,417	when i purchased my gun here in alpine, had a TX DL with a houston address on it, the salesman said college and military are exemptions when purchasing a firearm. how true is this? dont know, but when i tried to buy a gun in houston they wouldnt sell it to me because the address wasnt correct. __________________ The world is populated in the main by people who should not exist. - George Bernard Shaw

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05-12-2008, 02:54 PM	#14
figment XDTalk Newbie Join Date: Sep 2002 Location: of yor imagination Posts: 26	this is federal not state law you're running up against. Long guns yes, but no handguns can be purchased outside your own state of residence. This happened back in 1962 or there abouts IIRC.

05-14-2008, 04:14 PM	#17
DaBull XDTalk Newbie Join Date: Apr 2008 Location: Texas Posts: 7	FWIW, here is what my FFL said: The ATF Form 4473 states quite clearly that a military person that is stationed at a base and LIVES there is OK. The instructions state that both the military member's home of record and temp living address (along with some proof of assignment like a leave and earning statement or orders assigning them to a particular base) should be recorded as the address. The preceeding is what is on the Form 4473, the law that backs this up is somewhere else...still don't know where.

05-15-2008, 08:42 AM	#20
seattleducati XDTalk 100 Member Join Date: Jan 2008 Posts: 106	One correction to DaBull "The Texas ID or Drivers License is only required if you want to get a concealed carry permit" That is incorrect. Anyone, from any state, can get a Texas CHL as long as you take the CHL class in Texas. I took my CHL class on 4/30 so this is fresh in my mind. The sucky thing about the class is that it's 12-15 hours long and it's all in one day, which is why (I'm assuming) people from farther away states don't take the class.