Private sales to military member stationed in Indiana, DL from another state

[jdwhitak]

I have a pistol for sale in the classifieds. I have a buyer lined up, but they have a DL from another state. The person said they are in the military and stationed here in Indiana. The person is willing to show orders stating that. Is it legal to do the face-to-face sale or does this need to go to through an FFL? I found a ATF newsletter from 2004 that supports this, but the newsletter is from 2004. Supposed to meet the person later today. Any and all help is appreciated.

 

[17 squirrel]

He should have his orders to show you that he's stationed in Indiana.

 

[jgressley2003]

My guess is that it would have to go through an FFL since the buyer is from another state

 

[MohawkSlim]

If they're on orders they're considered a resident of the state. Have them bring orders too.

 

[snorko]

He should have his orders to show you that he's stationed in Indiana.

If they're on orders they're considered a resident of the state. Have them bring orders too.

I am not an FFL but this is what I understand. I have been in gun shops when the issue arose and this was the resolution. If you are further concerned though, just go through a dealer.

 

[BehindBlueI's]

https://www.atf.gov/file/58676/download

Military members on active duty and legal aliens
have special residency considerations.
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. FFLs may accept electronic permanent
change of station (PCS) orders, accompanied by a valid
military identification card, to establish residency for an
active duty military member of the Armed Forces.
A buyer who is not a citizen of the United States must
provide additional documentation (beyond a valid
Government-issued photo identification that contains
the buyer’s name, residence address, and date of
birth) to establish that he or she has resided in a State
continuously for at least 90 days immediately prior to the
date of the sale or delivery of the firearm. Examples of
acceptable documentation include, but are not limited to,
utility bills, bank statements, rent receipts, and mortgage
payments. This original documentation must contain the
buyer’s name (not the name of someone they are living
with) and home address.

....

Military members and legal aliens may havespecial identification document considerations.No additional valid identification documentationis required of an active-duty member of the ArmedForces or a legal alien if he or she possesses a valididentification document (e.g., driver’s license) thatcontains his or her name, residence address, date ofbirth, and photograph and is issued by the State inwhich your business premises is located. If a memberof the Armed Forces or a legal alien does not possessa valid, State-issued identification document with thenecessary information, you may accept a combinationof valid Government-issued documents to satisfythe identification document requirement. A memberof the Armed Forces on active duty may satisfy theidentification document requirement by presenting his orher military identification card along with official ordersshowing his or her permanent duty station.

 

[OakRiver]

The simple way to answer to your question is to find out what constitutes an Indiana resident

 

[OakRiver]

https://www.atf.gov/file/58676/download

Military members on active duty and legal aliens
have special residency considerations.
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. FFLs may accept electronic permanent
change of station (PCS) orders, accompanied by a valid
military identification card, to establish residency for an
active duty military member of the Armed Forces.
A buyer who is not a citizen of the United States must
provide additional documentation (beyond a valid
Government-issued photo identification that contains
the buyer’s name, residence address, and date of
birth) to establish that he or she has resided in a State
continuously for at least 90 days immediately prior to the
date of the sale or delivery of the firearm. Examples of
acceptable documentation include, but are not limited to,
utility bills, bank statements, rent receipts, and mortgage
payments. This original documentation must contain the
buyer’s name (not the name of someone they are living
with) and home address.

Thank you for finding that. My Google-fu was only bringing up BMV requirements for establishing Indiana residency.

 

[Informed Decision]

What orders are you all talking about? When I was stationed in New York state, I never carried any orders. Is the deal going down close to a military base? He has to have ID. Ask questions about what he does there.. Doesn't feel good, back out.

 

[Alamo]

What orders are you all talking about? When I was stationed in New York state, I never carried any orders. Is the deal going down close to a military base? He has to have ID. Ask questions about what he does there.. Doesn't feel good, back out.

PCS orders that sent you to NY in the first place. I didn't carry mine all the time either, but I kept copies for when I needed them.

 

[scoutsniper]

PCS (permanent change of station) orders any active duty military has these orders issued each time they move from one duty station to the next.

NG might be different if it's title 10 orders.

 

[BehindBlueI's]

What orders are you all talking about? When I was stationed in New York state, I never carried any orders. Is the deal going down close to a military base? He has to have ID. Ask questions about what he does there.. Doesn't feel good, back out.

You didn't get a typed order (maybe electronic these days) notifying you of your new station? I've still got mine. You don't have to carry them*, but you should have received them when notified of impending PCS.

*although they did have to be presented at check-in at your new station when I was in. After that you didn't have to carry them.