Rifle sale to Active Duty military

Dean5791 · Jul 10, 2014

I am selling a rifle and gentleman with active duty orders in MD (but not officially MD resident) is showing interest. Can this sale legally take place without a FFL?
Which part pf the MD code refers to these sales?

mancheechee · Jul 10, 2014

When in doubt, FFL.

yellowsled · Jul 10, 2014

yes you can sell it legally to him. Have him show you a copy of his orders to prove that he is stationed in this state. He is a dual resident as he has a legal residence in this state.

ohen cepel · Jul 10, 2014

He is considered a resident if he is on PCS orders to the state. ATF policy is likely what you want if you are researching it more.

Dean5791 · Jul 10, 2014

Thank you for your help.

shocker998md · Jul 11, 2014

just for more reassurance. If his orders say that he will report into yada yada command in MD he is then a MD resident. Just like how I'm an NC resident because of having orders down here.

Praeger · Jul 12, 2014

Interesting question. In terms of state taxes, active duty service members have always been able to keep one state as their state of legal residency (usually their Home of Record) for tax purposes even when they move frequently on military orders. A state of legal residence (SLR) is also considered their “domicile” or “resident” state.

Maryland law, like most states which have an income tax law, provides that military persons whose permanent residence is in the State, but who are serving outside the State, continue to be residents of the state in which they resided upon entering the military, unless they specifically change that residence to another state. This provision is also guaranteed by the Service members Civil Relief Act, which provides that only one state may tax a member of the military, and that taxing state, by default, is the state in which the individual resided when they entered the military service.

Rules regarding gun sales probably use where the sale occurs or where the possession occurs, so in that sense the sale would be governed under Maryland laws regardless of the buyers residence.

Rifle sale to Active Duty military

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