BATFE firearms FAQ B12 cites the CFR.
That is used by the FFL to determine residency status, that's why she has the same rights as you to purchase from a FFL. However, WA has an additional State law pertaining to transfers to new residents.
I draw your attention to the relevant sections of
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Alien. Any person not a citizen or national of the United States.
...
State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:
Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.
Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.
The military ID, copy of her spouse's orders and WY DL should suffice as proof for the FFL that she is indeed residing in WA State during the term of her spouse being stationed in WA. To qualify for the multiple State of residency exemption you must provide documentation to the FFL that you do indeed reside in the State you're in if your DL or ID is not from the State where the transfer is taking place providing there is no State law prohibiting transfers to out of State residents. This is the same documentation you'd provide to the FFL if you were buying the firearm yourself. Example 2 under 27 CFR 478.11 is the relevant example in your case. Yes, the examples are codified within the CFR. With respect to purchasing firearms from a FFL, you and your spouse is both a residents of WA and WY.
The federal 90 day period applies to aliens; persons who are not US citizens or nationals. It does not apply to US citizens. I have included the federal statutory definition of alien under
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What you're probably confused about is
RCW 9.41.090 which is the waiting period for new and non-residents of WA State. That's different from federal law. That's what's probably keeping you and your spouse from buying handguns in WA State, not federal law. There is no active duty military exemption for
RCW 9.41.090.
The only thing keeping me from sending you a bill for this is that I'm not a member of any State bar. I do know from my friends in the shark...uh legal, profession that you'd be buying me at least a stripped AR-15 lower about now for this debate. I could use another Jolly Roger stripped lower from Spike's Tactical for another AR-15 build. :sarcastic: