Purchasing a suppressor out of state residence

[DDGKunia]

Hey guys, got a odd question. So my wife is active duty military. In the military you can keep your state of residence (aka the state you join in). So I am a Florida state resident (with a Florida driver's license and vehicle plates) but living in North Carolina. So my Florida driver's license has a NC address. How can I buy an NFA item? Every place I talk to says no, and even the silencer shop is stumped. There has to be someone who has had this issue.

Thanks
Jeff

 

[FuhQ]

Now THAT would be a question for the ATF, or a an NFA authority/lawyer...

 

[DDGKunia]

I spoke with a NFA attorney as recommended by silencer shop. Thier reaction was "form a trust or good luck"

 

[DangerRanger]

would it not be the same as any other firearm purchase?

 

[hlee]

would it not be the same as any other firearm purchase?

Not exactly. A rifle doesn’t need a place of residence (not the ATF term, but close enough), like an NFA item. His permanent residence is not his place of residence. His permanent residence is ostensibly where the ATF would expect the suppressor to reside, but it cannot because he doesn’t live there.

It is telling that the NFA lawyer said “good luck, but I don’t want any part of it.”

 

[david walter]

Buy one at your FL address on a trust, when it comes in, move the trust to NC.

I’m uncertain if there a requirement to keep my suppressor in a location that ATFE expects it to reside. Can someone show me in the CFR?

 

[longshot2000]

Buy one at your FL address on a trust, when it comes in, move the trust to NC.

I’m uncertain if there a requirement to keep my suppressor in a location that ATFE expects it to reside. Can someone show me in the CFR?

No, but there is a requirement to notify the BATF of a change in address of the location of the Trust. And, the trust paperwork would need to have the correct current address at the time of the Form 4 prep.

What if you and wife are Trustees of the trust, you set the trust up in NC, both responsible persons, aka trustees send fingerprints in, etc., and CLEO letter to local NC address. I am not aware of a requirement that the trustees be in the same state, but actually you both are in the same state: NC. You are an actual resident of North Carolina. The fact that the US Military allows you certain liberties of maintain a military spouse domicile of your wife, is more of a matter of state income tax and DMV and voting. Even with income taxes, you still need to file a NC non-resident income tax return for NC earnings. And, you could opt to be domiciled in NC and get a NC driver license, if you so chose.

 

[stefan73]

Are you listed on your wife's orders?
If so that is something to share with an NFA lawyer.

Active duty with PCS orders can purchase suppressors in states even if they aren't actually citizens or that state. If you are on those orders as a spouse you might be covered??
Of course I purchased two cans using a trust back when the individual purchase request required a LOE signature.

 

[Exergy]

You're not the one in the military...She can buy anything in NC since by orders, she is technically a resident.

You, are a FL resident and cannot list yourself as a NC resident when purchasing a firearm.

I'm an active duty FL resident stationed outside of FL and utilize my orders when purchasing anything. Of the suppressors I own that were bought outside of FL in the states I was/am stationed in, I use my orders as a 'resident' of that state.

You would have to buy one in your state of residence with an address in that state.

 

[DDGKunia]

You're not the one in the military...She can buy anything in NC since by orders, she is technically a resident.

You, are a FL resident and cannot list yourself as a NC resident when purchasing a firearm.

I'm an active duty FL resident stationed outside of FL and utilize my orders when purchasing anything. Of the suppressors I own that were bought outside of FL in the states I was/am stationed in, I use my orders as a 'resident' of that state.

You would have to buy one in your state of residence with an address in that state.

I thought as a dependent I utilized my wife's orders. I've been asked for her orders multiple times for proof

 

[Exergy]

Under the military spouse residency relief act you are able to claim residency but I do not know the stipulations for that when it comes to firearms. You could just become a resident of that state as well, which would be easier than to try and figure out if your spouses orders count for you during a Federal background check that could ultimately end up not going in your favor.

 

[howler]

Literally the first search result… you are not in the military. Anyone that says you’re on your wife’s orders doesn’t know what they’re talking about.

“Spouses and other dependents of an active duty military member may not claim residency using PCS orders, as 18 U.S.C. 921(b) applies only to members of the Armed Forces.”

What documentation does a member of the military on active duty need to present to acquire a firearm? | Bureau of Alcohol, Tobacco, Firearms and Explosives

An active duty military member may establish residency by presenting permanent change of station (PCS) orders and a valid military photo identification card (see ATF Ruling 2001-5). The PCS orders may be either paper or electronic, as stated in the Form 4473 instructions for item 26c, “Licensees...

www.atf.gov

 

[Exergy]

Literally the first search result… you are not in the military. Anyone that says you’re on your wife’s orders doesn’t know what they’re talking about.

“Spouses and other dependents of an active duty military member may not claim residency using PCS orders, as 18 U.S.C. 921(b) applies only to members of the Armed Forces.”

What documentation does a member of the military on active duty need to present to acquire a firearm? | Bureau of Alcohol, Tobacco, Firearms and Explosives

An active duty military member may establish residency by presenting permanent change of station (PCS) orders and a valid military photo identification card (see ATF Ruling 2001-5). The PCS orders may be either paper or electronic, as stated in the Form 4473 instructions for item 26c, “Licensees...

www.atf.gov

Lol nailed it.

 

[stefan73]

I was never a dependent

Well, guess that sucks. Time to get residency of that state.

 

[DDGKunia]

Well damn. Not doing that as state taxes would hit me for 12k. Could I form a trust for it with the wifey?