It doesn't matter if you own property. You have to reside there, at the time of the purchase.
(i.e. weekend vacation home, when residing there on the weekend)
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ATF Rules on establishing residency
- Thread starter Noreaster
- Start date
(i.e. weekend vacation home, when residing there on the weekend)
Yes, that issue has been beaten to death here, but your legal obligations as a buyer are separate from my obligations as a seller. As a seller, I generally can't verify intent nor can I verify that you are currently residing at the property, nor do I have any legal obligation to do either.
My legal obligation is to not knowingly sell to someone who is currently an out-of-state resident as defined by the statute. Verifying that you own a home in-state is sufficient for that in most cases, assuming there are no red flags. That said, if your MA DL says Methuen and you're trying to buy from me in Salem, NH on a weekday in the winter, and you show me property tax info from your seasonal vacation home in Dixville Notch, I may be skeptical you're currently residing at your NH property.
OK, chew on this for a bit.
I just submitted my RESIDENT P/R License application to the police chief in my new NH town. I expect to receive it easily within the 14 days. I still have a MA DL and will for another couple of months. I know that NH FFLs don't want to see a P/R, they want to see only a DL. RSAs say FTF only with a Resident P/R (handguns) or personally known, says nothing about DLs!
I'm just throwing this out there for discussion, I'm not shopping for anything now. I'm still looking at $35K MORE in house upgrades in NH before doing any more serious gun shopping and the Wife having to give up her job in MA doesn't help any either.
Welcome to NH!
Dare I ask why you are waiting to get a NH DL? What advantage does keeping the Mass DL give you?
I'm still living in MA part of the time, still registered to vote there as we have a very important town meeting coming up plus due to my Wife losing her job when we permanently relocate and spending a small fortune upgrading the NH house, we'll probably not totally pull up MA stakes until the end of May at the earliest so we can bank her salary against those expenses.
Not really. My MA police chief, many officers and most of the town officials know that we bought a NH house before the end of 2018. As long as we own the MA house we can vote in town/attend town meeting/etc. (the town clerk told me this), we're involved in some town projects that will run thru May and MGL says if you spend more than 30 days (I think in a year) in MA you MUST have a MA DL. One of my car registrations is due to renew in May and it will NOT be renewed in MA. I just missed the NH town hall yesterday, since I had to wait >45 minutes to speak with the NH police chief, town hall was closed. At least we got our HVAC system finally installed and working this week.I bet ya I can answer that one. So he can keep his MA resident LTC.
My current Chief won't do anything to pull my LTC or MG License. Also a large factor is my LEOSA runs thru May and I'll get re-qualified before establishing permanent residence in NH so that I can still carry in MA while I await the 4-6 month delay in getting the NR LTC (required of instructors who want to provide MSP Certs for BFS or LEOSA).So, I'm not totally wrong, just not 100% correct.
My mistake. I forgot who this was pertaining to. Of course it wouldn't.
FrugalFannie
NES Member
doesn't matter who it is. your MA LTC does not automatically "expire" when you move out of state. Learned this through my own experience.
Asaltweapon
NES Member
JFC.
Lighten up Fran.
Doesn't matter "who". If I got an apartment in NH tomorrow and dumped my MA DL it still would not revoke my MA LTC. The only way the license goes away is based on the honor system and even then I've had friends that said they notified fully after a full MA residency dump that, weeks later, their old MA license still passed a mircs validation test! The entire idea of the resident license actually dying is predicated on an EOPS administrative nostrum that's not specified explicitly in law. Whether or not you can renew it is an entirely different story.
-Mike
But I wonder what would happen if you were carrying in Mass with a resident license and NH DL? Would you be prosecuted for possession?
TL : DR except the first and last page. .
So, Lady Radtekk and I are probably putting an offer in on a house out of state (Tennessee) next week. Probably a 60 day or so escrow, so a close in May or June. We have a vacation planned to drive down in June AFTER the close, organize some work on the house, buy some basic furniture, inexpensive gun safe, that kinda stuff.
Tennessee honors my MA ltc and is a "Shall Issue" resident and non-resident state. I'll inquire on a similar-to-NES forum about buying firearms down there during my June trip, I'm curious about the legality of bringing handguns and/or long guns legally purchased as a Tennessee home owner back to MA where I will still reside for a time.
I don't plan to be a Tennessee resident any time soon, just own property and visit/vacation a few times a year. But their laws are better than ours, so I can buy things there I can't buy here. Can I bring them back? And when/if I do, can I sell them before I move down permanently in a year or so?
So, Lady Radtekk and I are probably putting an offer in on a house out of state (Tennessee) next week. Probably a 60 day or so escrow, so a close in May or June. We have a vacation planned to drive down in June AFTER the close, organize some work on the house, buy some basic furniture, inexpensive gun safe, that kinda stuff.
Tennessee honors my MA ltc and is a "Shall Issue" resident and non-resident state. I'll inquire on a similar-to-NES forum about buying firearms down there during my June trip, I'm curious about the legality of bringing handguns and/or long guns legally purchased as a Tennessee home owner back to MA where I will still reside for a time.
I don't plan to be a Tennessee resident any time soon, just own property and visit/vacation a few times a year. But their laws are better than ours, so I can buy things there I can't buy here. Can I bring them back? And when/if I do, can I sell them before I move down permanently in a year or so?
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No post-ban high-cap mags and nothing that violates the AWB, and you should good to go to both possess in MA and sell before you leave.
Obvious stuff like that is easy. I'd probably buy an AR or AK pistol type or AK underfolder, Mossberg Shockwave for those down there.
No idea really what handguns I might want, or whether or not they'd be MA compliant. Couple years ago Glocks and Springfields weren't readily available here w/o paying a premium but that's changed.
I'd likely sell my pre-healy BS AR and WASR before I moved down permanently.
Very true. I was told by someone in the "system" at EOPS that it is up to the local PD to either administratively cancel your Resident LTC or ignore the notification that they receive from you. He admitted that many are too lazy to do this, thus you remain in the system showing as valid until natural expiration.
As I noted above. Also a close friend (and firearms instructor/prior NES'r) bought a house in SC. His Wife was still ~1 year from retirement so he moved down there to set things up, returning with some frequency to his home in MA. During all that time he maintained his Resident LTC in MA as well as a SC CCW. Unsure what he did wrt DL but the two are not related in MA at least.
Nothing. No.
Congrats!
As long as possession in MA would be legal, you can bring back anything you legally purchase down there.
How? The license is valid unless revoked or suspended, and even if expired there's a protection in the law that reduces it to a civil penalty. Your drivers license has nothing to do with it.
Asaltweapon
NES Member
My brother lived in TN for a few years. Lots of guns there.
That's pretty much what I was hoping to hear. With mortgage paperwork in hand I imagine "proof of residence" in Tennessee would be moot
So it appears. And Knob Creek is about an hour away from the house we're going down to look at
![[mg]](/xen/styles/default/xenforo/smilies.vb/036.gif "Machine Gun [mg]")
KBCraig
NES Member
If you're not going to be a TN resident, even one of convenience, you can't buy any handguns there.
Digging up this old thread because I have a question about NH ID cards and pistol permits, as I'm buying a vacation property in NH.
ID Cards: The application requires you to disclose if you have an out of state driver's license. Will this prevent me from getting the ID? Looking for actual experiences - I know the law does not require surrender of an out of state DL (scroll up in this thread for details), but that doesn't mean the bureaucrats interpret the law correctly in practice.
Pistol Permit: The permit application asks for a DL #. I would be applying for a resident permit. Would an MA DL be a red flag? Could I just leave it blank?
ID Cards: The application requires you to disclose if you have an out of state driver's license. Will this prevent me from getting the ID? Looking for actual experiences - I know the law does not require surrender of an out of state DL (scroll up in this thread for details), but that doesn't mean the bureaucrats interpret the law correctly in practice.
Pistol Permit: The permit application asks for a DL #. I would be applying for a resident permit. Would an MA DL be a red flag? Could I just leave it blank?
KBCraig
NES Member
From the form: "This application is signed under penalty of unsworn falsification pursuant to RSA 641:3."
Section 641:3 Unsworn Falsification.
gencourt.state.nh.us
Leaving it blank in the hopes it's overlooked would not be providing a false answer. I wouldn't falsely check no on the form.
Just looking for others' experiences so I know whether getting a NH ID is still a viable option. Also, if others have gotten a NH ID with an MA license, I know how much to push back against the paper pushers if they give me trouble.
fshalor
NES Member
Time for a better FFL?
