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Old November 26, 2009, 02:04 PM   #6
NavyLT
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
From the Federal Firearms Regulations Reference Guide, published by the Bureau of Alcohol, Tobacco, Firearms and Explosives:
http://www.atf.gov/pub/fire-explo_pu...004/p53004.pdf

Pages 135 and 136:
18 U.S.C. 922(t)(1)(C):
IDENTIFICATION OF TRANSFEREE
27 CFR 178.124: FIREARMS

TRANSACTION RECORD

Licensees may accept a combination
of valid government-issued
documents to satisfy the identification
document requirements of the
Brady Act. The required valid government-
issued photo identification
document bearing the name,
photograph, and date of birth of
the transferee may be supplemented
by another valid, government-
issued document showing
the transferee's residence address.

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, and
may satisfy the identification
document requirement by presenting
his or her military identification
card along with official orders
showing that his or her permanent
duty station is within the State
where the licensed premises are
located.


ATF Rul. 2001-5

ATF has also received questions
from licensees as to how to comply
with the identification document requirement
in the case of purchasers
who are in the military. Some active
duty military personnel may not have
driver's licenses from the State in
which they are stationed. The only
identification document carried by
some active duty military personnel is
a military identification card that bears
the holder's name, date of birth, and
photograph, but does not reflect the
holder's residence address.

Section 921(b) of the GCA provides
that a member of the Armed Forces
on active duty is a resident of the
State in which his permanent duty
station is located. The purchaser's
official orders showing that his or her
permanent duty station is within the
State where the licensed premises
are located suffice to establish the
purchaser's residence for GCA purposes.

In combination with a military
identification card, such orders will
satisfy the Brady Act's requirement for
an identification document, even
though the purchaser may actually
reside in a home that is not located on
the military base.

Licensees should note that for purposes
of the GCA, military personnel
may in some cases have two States
of residence. For example, a member
of the Armed Forces whose permanent
duty station is Fort Benning,
Georgia, may actually reside in a
home in Alabama. For GCA purposes,
that individual is a resident of
Georgia when he or she is in Georgia
and a resident of Alabama when he or
she is in Alabama. If such an individual
wishes to purchase a firearm in
Alabama, he or she must of course
comply with the identification document
requirement in the same way as
any other Alabama resident.

Held further, a purchaser who is 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, and may satisfy the
identification document requirement
by presenting his or her military identification
card along with official orders
showing that his or her permanent
duty station is located within the State
where the licensed premises are located.


ATF Ruling 79-7, ATFQB 79-1, 26, is
hereby superseded.
Date signed: December 31, 2001
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