Buying from a soldier at Ft. Campbell

[TripleDigitRide]

Before I make a purchase, I want to make sure I'm not breaking any laws. 

I have the opportunity to buy a gun from someone stationed at Ft. Campbell, near gate 1. From what I understand, part of the base is in TN, and part is in KY. Should this be of any concern?

[Guest Southern Christian Armed]

I had the same issue. From what I found (of course long guns are ok), If they are military they are technically stationed at their base, it doesn't go by their drivers license state. For instance, I always make sure its a TN drivers license so a handgun trade is legal. FT Campbell, from what I was told, is technically Kentucky. Though part of it is in TN, it is registered as FT Campbell KY. Will you get in trouble, probably not because a soldier with out of state drivers license can buy a handgun in TN with his station papers. They kinda have a free pass as to state of residence. What you bring up is actually one of those HUGE grey areas, loopholes, needs fixing scenarios. Also, I have seen a soldier with FT Campbell papers but a VA license buy a handgun in a local shop. But, without being an attorney and studying the law, is it worth it?

Edited December 8, 2013 by Southern Christian Armed

[Fourtyfive]

I guess you ask for a drivers license and see where he "lives" , as in state.

[Guest Southern Christian Armed]

I guess you ask for a drivers license and see where he "lives" , as in state.

 

Yes, I wanna see that he/her is a TN resident.

[Chucktshoes]

Ft. Campbell is located in both states and soldiers stationed at Ft, Campbell can buy/sell in both states at any FFL as long as they can show a copy of their orders. There are no legal worries.

[TripleDigitRide]

Ft. Campbell is located in both states and soldiers stationed at Ft, Campbell can buy/sell in both states at any FFL as long as they can show a copy of their orders. There are no legal worries.

So it is perfectly legal to a civilian/TN resident to purchase a firearm from a soldier stationed at Ft. Campbell, no matter which side of the border they may be stationed on? 

[Chucktshoes]

Yep. For Ft. Campbell the border doesn't exist. At the gunship I work at we have sold handguns to soldiers stationed at Ft. Campbell. If we can sell a handgun to them, you can buy one from them. Those orders qualify for residency.

[TripleDigitRide]

Yep. For Ft. Campbell the border doesn't exist. At the gunship I work at we have sold handguns to soldiers stationed at Ft. Campbell. If we can sell a handgun to them, you can buy one from them. Those orders qualify for residency.

Thank you. Just wanted to make sure.

[Oh Shoot]

I had the same issue. From what I found (of course long guns are ok), If they are military they are technically stationed at their base, it doesn't go by their drivers license state.

 

Just a note: Long guns are no different than handguns -- private transfer between residents of different states are illegal regardless of where they occur.

 

- OS

Edited December 8, 2013 by Oh Shoot

[Joseg]

Fellas, most of the post is on the TN side, the post office is on the KY side, hence Ft. Campbell, KY.. 

[TMF]

There was a thread a while back where CA Willard inquired to the ATF about it. They responded with it being good to go. Soldiers stationed there can purchase/sell in KY, TN and their home of record.

[whiskey]

As a former soldier at Fort Campbell, I can tell you that it does matter. When you are stationed at Fort Campbell you have the option to choose your state of residence. You don't have to choose either, you can maintain your original home of record residence, or your previous state if residence, or you can choose KY or TN. Most choose TN due to the KY state tax. The soldiers stationed there can purchase firearms in either state, but I am pretty sure that doesn't apply to them selling you a gun. So long as they have a TN drivers license, you are fine. That shows they have established residency. Otherwise, I would pay 15 to 20 bucks to have an FFL do the transfer and be safe rather than sorry. Edit: TMF's post above may solve your problem. I would still play it safe. Sent from my iPhone using [url="http://tapatalk.com/m?id=1"]Tapatalk[/url] Edited December 8, 2013 by whiskey

[1gewehr]

From an ATF perspective a soldier's legal residence is both wherever his driver's license is from as well as his duty station.  A soldier with orders to Ft Campbell can legally buy (or sell) a firearm in either KY or TN, as well as a 3rd state if he has a driver's license from there.  Ask to see his orders if you want to cover your butt.  Also, if it is handgun, make sure he is at least 21 years old.

Edited December 8, 2013 by 1gewehr

[TMF]

Yeah, I would add that if you're still feeling uneasy about it you could have him bring orders, and if he lives on the TN side off base any utility bill would do. Pretty much you're doing everything from your end to do the right thing. There's nothing wrong with asking him to provide certain documentation to CYA, but you're not doing anything illegal here or even close to it, so there isn't a need to be so wary.

[Patton]

Also, if it is handgun, make sure he is at least 21 years old.

As weird as it may seam they only have to be 18.

[Hershmeister]

As weird as it may seam they only have to be 18.

Not so weird - they get to play with grenades, tanks and machineguns. So why not

[Patton]

Not so weird - they get to play with grenades, tanks and machineguns. So why not

Service member or civilian they only need to be 18.

[DaveS]

Not so weird - they get to play with grenades, tanks and machineguns. So why not

....and they can't buy or drink beer. TDR you're good to go.

 

Dave

[Guest Phizzle99GST]

So I cant make a private handgun sale to one of my relatives who reside in other states? the guy at my local ffl said they cant sell handguns to out of state residents but I can sell or buy privately, does that mean he is wrong? or am I misunderstanding all this?

[c.a.willard]

Per the BATF military personnel assigned to Ft. Campbell are considered residents of both states for purposes of buying or selling firearms.

[Patton]

So I cant make a private handgun sale to one of my relatives who reside in other states? the guy at my local ffl said they cant sell handguns to out of state residents but I can sell or buy privately, does that mean he is wrong? or am I misunderstanding all this?

No they can only "borrow" or inherit.

[Oh Shoot]

So I cant make a private handgun sale to one of my relatives who reside in other states? the guy at my local ffl said they cant sell handguns to out of state residents but I can sell or buy privately, does that mean he is wrong? or am I misunderstanding all this?

 

Private sale or gift of any firearm between residents of different states is prohibited by federal law, simple as that.

 

As Patton says, the only exceptions are:

 

- "the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence"

 

- "loan or rental of a firearm to any person for temporary use for lawful sporting purposes" (forget "rental" methinks, as I believe that actually requires a license under another section)

 

- OS

[DaveS]

Private sale or gift of any firearm between residents of different states is prohibited by federal law, simple as that.

 

As Patton says, the only exceptions are:

 

- "the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence"

 

- "loan or rental of a firearm to any person for temporary use for lawful sporting purposes" (forget "rental" methinks, as I believe that actually requires a license under another section)

 

- OS

The guys at Fort Campbell, with orders, are considered residents of Kentucky, Tennessee and their home state. Either state here will sell firearms to them as long as they have an active duty ID card. So maybe Craigslist, BooKoo, The Peddler and all other outlets here should stop our GI's from selling firearms? Not...

 

Dave

[c.a.willard]

For those that may feel the need for a legal CYA i will include the email from the ATF

 

FIPB Regulatory Email inquiries <FIPB@atf.gov>

12/18/12

 

to me

Thank you for your recent inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your email in which you stated you are active duty military stationed at Ft. Campbell.  You further state that Ft. Campbell is located in two states and you inquired if you can legally purchase a handgun in either State.

 

ATF is aware that the Ft. Campbell Army Base is physically located in two States. Given this unusual fact, under the Gun Control Act (GCA), a member of the Armed Forces who is stationed at Ft. Campbell Army Base would be considered a resident of both Kentucky and Tennessee regardless of the State in which the member maintained his or her residence.

 

ATF has addressed this issue in the August 2004 FFL Newsletter.  Please see the Newsletter for further information:  http://www.atf.gov/files/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

 

If the link does not work for you, do a google search of ATF Newsletter 2004-08 should.  It will be the first result.

Edited December 9, 2013 by c.a.willard

[DaveS]

For those that may feel the need for a legal CYA i will include the email from the ATF

 

FIPB Regulatory Email inquiries <FIPB@atf.gov>

12/18/12

 

to me

Thank you for your recent inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your email in which you stated you are active duty military stationed at Ft. Campbell.  You further state that Ft. Campbell is located in two states and you inquired if you can legally purchase a handgun in either State.

 

ATF is aware that the Ft. Campbell Army Base is physically located in two States. Given this unusual fact, under the Gun Control Act (GCA), a member of the Armed Forces who is stationed at Ft. Campbell Army Base would be considered a resident of both Kentucky and Tennessee regardless of the State in which the member maintained his or her residence.

 

ATF has addressed this issue in the August 2004 FFL Newsletter.  Please see the Newsletter for further information:  http://www.atf.gov/files/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

 

If the link does not work for you, do a google search of ATF Newsletter 2004-08 should.  It will be the first result.

Spot on!

 

Dave