ATF Form 4473
You must document both the name of the military base and the city and state where the base is located. For example, “Fort Knox, Fort Knox, Kentucky.”
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 may accept electronic PCS orders to establish residency.”
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.
A military member claiming residency in a state in which he or she is present with the intention of making a home must demonstrate that residency to the federal firearms licensee (FFL) by presenting a valid identification document, or a combination of valid, government issued documents, to satisfy the identification document requirement.
[18 U.S.C. 922(t)(1)(C), 27 CFR 478.102(a)(3), 27 478.124(c)(3)(i)]
Nonimmigrant Aliens
A nonimmigrant alien without residency in any state may not purchase and take possession of a firearm. A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. A nonimmigrant alien who falls within an exception may, however, purchase and take possession of ammunition.
A nonimmigrant alien who has established residency in a state may purchase and take possession of a firearm from an unlicensed person, provided the buyer and seller are residents of the same state, and no other state or local law prohibits the transaction. A nonimmigrant alien with residency in a state may purchase a firearm from a licensee, provided the sale complies with all applicable laws and regulations.
[18 U.S.C. 922(a)(9); 27 CFR 478.29a]
Unlicensed Persons
For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business.
A member of the Armed Forces on active duty is a resident of the state in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member’s permanent duty station is in a nearby state to which they commute each day, then the member has two states of residence and may purchase a firearm in either the state where the duty station is located or the state where the home is maintained.
[18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]
