TN/KY FTF gun purchases

[Mr. Brooks]

I recently moved just across the state line into Kentucky.

I want to make sure that I am legal in regards to any ftf purchases or sales.

I am active military stationed at Ft. Campbell so I can legally purchases handguns or rifles from a ffl in KY or TN.

I believe I can purchase or sell any long guns from a private party in either state. I think I can now buy a handgun from a private party in Ky only, and that I would need to transfer a handgun purchase from TN thru a ffl.

Does this sound correct or am I missing something? I just want to make sure I don't do anything illegal.

Edited June 18, 2011 by Mr. Brooks

[TNRobocop]

You are wrong on most counts.

You cannot buy handguns from a FFL in either state, just the one you currently reside in.

You can buy long guns from a FFL in either state.

You can buy FTF handguns from an individual that is a resident of KY.

You cannot FTF anything from TN residents anymore.

[Mike.357]

I dunno but if you live in KY I would not sell you a gun.

Someone would need to show a law that says it is legal.

[Mr. Brooks]

You are wrong on most counts.

You cannot buy handguns from a FFL in either state, just the one you currently reside in.

You can buy long guns from a FFL in either state.

You can buy FTF handguns from an individual that is a resident of KY.

You cannot FTF anything from TN residents anymore.

Actually I know for a fact that I can buy a handgun from either state from an ffl. All I have to do is show orders assigning me to Ft. Campbell.

So it looks like the only thing I was wrong on was being able to buy long guns ftf from a Tn resident.

[Defender]

A google search turns up the following: ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

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(, 922(a) (3), and 922((3), 27 CFR 478.11]

I would imagine that with Ft Campbell so close this has to have come up many times. I think one of the local gun shops should know the right answer.

[Mr. Brooks]

I would imagine that with Ft Campbell so close this has to have come up many times. I think one of the local gun shops should know the right answer.

The local gun shops do know the law regarding ffl sales.

I am more worried about the ftf sales and I'm not sure they would know the answer to that. And I wouldn't be surprised if they advised me to transfer any ftf sales regardless of the law so they could get a cut.

And if things couldn't get more confusing, I am still a legal resident of TN, just living in KY.

You can see how confusing it can be, heck even one of our resident ffl's didn't know that I can buy handguns from an ffl in either state.

[Kenstaroni]

as above shows...if you live in KY and are stationed in KY, you cannot purchase handguns in TN. If you lived in TN and were stationed at Ft. Campbell you could buy from either.

If you are living in KY then you should be working to gain residency in KY. You can't just hold onto your TN ID and reside in KY then claim you live in TN....legally anyway.

Your best bet if you wanted to skate the grey area would have been to never have posted anything about it....now you have created documentation that shows you believe you live in KY. If you got in any trouble and they found your posts....we'll it wouldn't help your case.

Feel somewhat fortunate about living in KY...you only pay 6% tax and no background check fee unlike us in TN. I buy all my long guns from KY for this reason. It's likely that a transfer from TN to KY would be a lot cheaper than paying tax in TN. For FTF deals you need to do the right thing and get anything transferred that you buy from a TN resident. You are jeopardizing their future just so you can try to be slick and bend the rules. Check out a gun store called Whittaker's in Owensboro, KY.....the best store I've ever been to.

Edited June 17, 2011 by Kenstaroni

[Mr. Brooks]

Let me say it again. Because Ft. Campbell is located in KY AND TN, anybody stationed here can buy handguns from either state. It does not matter which state you live in. It happens everyday here. If you don't believe me you can call the TBI and ask them.

As far as residence goes active duty military can have more then one. My home of record is still in TN. I still pay state taxes (or lack thereof) to TN. However I have a KY drivers license, tags ect because I am currently residing here. This is not unusual or illegal in any way.

Honestly I think I am causing more confusion then getting the clarification I was looking for. I will contact some local gun shops and/or my JAG and see if I can get a real answer.

[DaveTN]

Are you full time active duty Army stationed at Ft. Campbell?

What makes you think you are a Tennessee resident if you are living in Kentucky?

It won’t be confusing for the FFL’s or the Police/ATF (if they get involved). Both will handle it as they please; you are the one running the risk of being wrong.

[Guest bkelm18]

Let me say it again. Because Ft. Campbell is located in KY AND TN, anybody stationed here can buy handguns from either state. It does not matter which state you live in. It happens everyday here. If you don't believe me you can call the TBI and ask them.

As far as residence goes active duty military can have more then one. My home of record is still in TN. I still pay state taxes (or lack thereof) to TN. However I have a KY drivers license, tags ect because I am currently residing here. This is not unusual or illegal in any way.

Honestly I think I am causing more confusion then getting the clarification I was looking for. I will contact some local gun shops and/or my JAG and see if I can get a real answer.

I follow you Brooks When I was in the military stationed in VA, I could buy guns in both VA and TN. I still had a TN driver's license and TN tags on my car since TN allows you to maintain those as long as you have TN listed as your home of record. To buy a gun in VA, all I had to do was show the gun shop a copy of my current orders showing I was stationed in VA. Good luck in getting your answers.

[Mr. Brooks]

Are you full time active duty Army stationed at Ft. Campbell?

Yes

What makes you think you are a Tennessee resident if you are living in Kentucky?

Because my state of record is still TN

It wont be confusing for the FFLs or the Police/ATF (if they get involved). Both will handle it as they please; you are the one running the risk of being wrong.

Thats why I'm looking for clarification before I buy or sell anything.

[Mr. Brooks]

I follow you Brooks When I was in the military stationed in VA, I could buy guns in both VA and TN. I still had a TN driver's license and TN tags on my car since TN allows you to maintain those as long as you have TN listed as your home of record. To buy a gun in VA, all I had to do was show the gun shop a copy of my current orders showing I was stationed in VA. Good luck in getting your answers.

The funny thing is if I had a different state as my home of record I could buy in three different states. TN, KY and my home of record state. Since my home of record is TN I only get two.

Could you buy ftf in both states or just from an ffl? Or did you ever bother to check?

[Kenstaroni]

Let me say it again. Because Ft. Campbell is located in KY AND TN, anybody stationed here can buy handguns from either state. It does not matter which state you live in. It happens everyday here. If you don't believe me you can call the TBI and ask them.

As far as residence goes active duty military can have more then one. My home of record is still in TN. I still pay state taxes (or lack thereof) to TN. However I have a KY drivers license, tags ect because I am currently residing here. This is not unusual or illegal in any way.

Honestly I think I am causing more confusion then getting the clarification I was looking for. I will contact some local gun shops and/or my JAG and see if I can get a real answer.

You might be right....the house you consider your primary residence is what counts. You can own property in several states, however the one you reside in as a primary residence dictates what state you live in. Good luck man, hope it works out.

[Guest bkelm18]

The funny thing is if I had a different state as my home of record I could buy in three different states. TN, KY and my home of record state. Since my home of record is TN I only get two.

Could you buy ftf in both states or just from an ffl? Or did you ever bother to check?

No I never tried FTF. But the way I see it, the BATFE says active duty has residence in two states, and they say that it is ok for two residents of the same state to do FTF deals, so IMO, you're ok to do FTF in either KY or TN, however a call to the BATFE would probably clear it up.

[Mr. Brooks]

No I never tried FTF. But the way I see it, the BATFE says active duty has residence in two states, and they say that it is ok for two residents of the same state to do FTF deals, so IMO, you're ok to do FTF in either KY or TN, however a call to the BATFE would probably clear it up.

That funny, I just came to the same conclusion based on my research.

Also it seems that if a military base extends into two states that all military members stationed there are considered residence of both states. My home of residence doesn't even matter in this case.

It looks like the same "loophole" for lack of a better word, that allows me to purchase from an ffl in both states allows me to buy ftf as well.

I will make a call to verify this, if I can figure out who to call. Hopefully I can get them to send me something in writing.

Then all I have to do is find someone willing to try it out. I think Mike is the first on the list.

Oh and one more thing, some of you need to lighten up. I'm not trying to "get over" or do anything illegal. If i wanted to do that I wouldn't start a thread about it first.

[Guest bkelm18]

That funny, I just came to the same conclusion based on my research.

Also it seems that if a military base extends into two states that all military members stationed there are considered residence of both states. My home of residence doesn't even matter in this case.

It looks like the same "loophole" for lack of a better word, that allows me to purchase from an ffl in both states allows me to buy ftf as well.

I will make a call to verify this, if I can figure out who to call. Hopefully I can get them to send me something in writing.

Then all I have to do is find someone willing to try it out. I think Mike is the first on the list.

Oh and one more thing, some of you need to lighten up. I'm not trying to "get over" or do anything illegal. If i wanted to do that I wouldn't start a thread about it first.

Here's the contact info for the ATF offices in TN. If they don't know, I'm sure they'd know who to call.

ATF Online - Nashville Field Division - Tennessee Field Offices

[Mr. Brooks]

Thank you for the contact information. I called the Nashville office and was routed to the Washington office, I assume the Nashville office was closed.

The guy was rude but he told me what I needed to know.

I explained to him that I was stationed at Ft. Campbell. I even told him I was currently living in KY. I asked him if I was legal to buy ftf in either or both states.

He said that I am legal to purchase ftf in either state with a bill of sale!

I may email the Nashville office so I will have the answer in writing as well. Just to cover my fourth point of contact.

[TNRobocop]

Well since you never said that you were a TN resident on military orders to FTCKY in the original posting, that changes alot of things.

And check with your JAG, because when I was at Campbell, we were considered KY residents there since the post office is in KY, the whole base is considered to be KY.

[Mr. Brooks]

You are correct robocop, I said I was active duty but failed to say that I was stationed at Ft. Campbell.

[Glock30]

I will make a call to verify this, if I can figure out who to call. Hopefully I can get them to send me something in writing.

I highly recommend you get the BATFE to put that in writing. I, for one, would be more than a little nervous if my buyer's tags were out of state and the driver license was in-state. A BATFE letter, especially if it's addressed to you, should put any seller at ease.

[Guest boatme99]

It is posible to be a resident of multiple states and to purchase guns in either. Years ago I was a full time resident of Florida (Fl. dr. lic.) and lived in R.I. for five months in the summer. This made me a Temporary Resident. I had a Fl. cwp (not worth a damn in R.I.) and inquired about a R.I. permit. I was told that I could legally apply for one but would never get it. They are issued by township sherriffs. However, I could apply for both a "Blue Card" which is the same as a FOID and a "Yellow Card" which actually allows me to use ranges in the state. I applied and recieved both. I was legally allowed to purchase handguns in R.I. after I had been back in the state for 30 consecutive days, all the while retaining my rights in Fl. It can be done.

[midtennchip]

Take a look at the FFL newsletter (link below) published by the BATFE in 2004. It addresses the residence issue of active duty military personnel and specifically addresses the unusual issue that Ft. Campbell raises. The applicable information starts on Page 2.

http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf