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Business/dual resident MA LTC
- Thread starter colt0917
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According to federal law, you can only perform private transactions to individuals who reside in your same state of residence. Violating that law is a federal felony. The fact that you have a non-resident license to carry in MA is immaterial when it comes to that federal law. A MA non-resident LTC does grant you residency in MA.
If you are a resident of two states, how that might impact that is not something that I know, but I would strongly suggest that you avoid being a test case. If you are convicted of violating this law, you would become a federally prohibited person. It's not worth the risk.
If you are a resident of two states, how that might impact that is not something that I know, but I would strongly suggest that you avoid being a test case. If you are convicted of violating this law, you would become a federally prohibited person. It's not worth the risk.
CrackPot
NES Member
Federal law requires that you only do private party transactions between residents of the same state while present in that state. So first question is, do you meet that requirement? Business, no, second home, yes.
MA law requires that both parties have resident LTCs. So if you meet both federal and state law requirements, you can do a personal transfer between the parties here in MA.
There no longer is any law requiring the use of the eFA10 system. At this time there is NO mechanism for recoding transactions with the state. Ch 140 sec 121B requires you to record transactions ONCE THE SYSTEM IS IMPLEMENTED. The state has a year from 10/2 to implement a 121B compliant system and then you would need to use it for transactions and you would have a year to register everything you own.
At this time, use of the eFA10 system is something people are doing out of habit vs being any law requiring it any longer.
If you are legitimately a resident in both states, sure, it's contextually legal.... but if you knew the answer to that then you wouldn't have asked this question.
Also if your 2nd residence is in some normal state why the hell would you ever want to buy guns here ever again?
GL2020
NES Member
I've never understood completely what qualifies as a "resident". I've met snow birds that are in New England exactly 6 months (some even less) out of the year. I guess it comes down to what is on your drivers license. Probably easier and cheaper to keep the cars registered in Florida though. Knew a guy who had a house in VT, definitely lived in Medway....cars were always registered and insured in VTIf you are legitimately a resident in both states, sure, it's contextually legal.... but if you knew the answer to that then you wouldn't have asked this question.
Also if your 2nd residence is in some normal state why the hell would you ever want to buy guns here ever again?
Sounds like OP wants to sell a gun to someone here...or transfer...which I was running into when my son lived in MA. Thank God he moved to NH
For the purpose of buying guns at a dealer there are literally only two things that apply one of which is federal law which is pretty simple the other thing is if there's another state law that blocks whatever it is you're about to do but usually that's not the case when we're talking about free versus shit states.
@GL2020 if you do a little bit of Googling there's some ATF qualifying documents and literally for most people all that's required to claim an alternative residency for gun buys is a tax bill for a dwelling where you claim residency in that state. Beware that many box or boxlike store dealers don't like dualies so don't be surprised if you get turned away but there are still a whole bunch that actually understand how the law actually works.
Yea hoping it was possible to transfer a lower I bought/registered while I still was in MA to my brother when he turns 21 and gets his LTC in a couple months. He pretty much got screwed with this new law. Was 99% sure it wasn’t possible lol
GL2020
NES Member
Hmmmm wondering if something could be done with a firearm trust? Not sure it's worth it, but I've heard it simplified in some cases of inheritance. Just thinking out loud
Rob Boudrie
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MA is an anololy because dealers generally accept the LTC as proofof residence.
Dealers in many other states, particcular ones with optional carry permits (not reuquired to buy/possess) will not accept a LTC/CCW as proof of in state residence, but generally require a driving license.
Something to think about if you are a dual state residence deciding which state to get your driving license in.
Dealers in many other states, particcular ones with optional carry permits (not reuquired to buy/possess) will not accept a LTC/CCW as proof of in state residence, but generally require a driving license.
Something to think about if you are a dual state residence deciding which state to get your driving license in.
Yeah, but he would have to die to get it to his brother, which is probably not what he's looking to do.
Rob Boudrie
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I greatly simplifies inheritance if you have NFA weapons registered to the trust.
A friend of mine and I are each waiting for the other to die. If I go first he get an 9x19 AR SBR. If he goes first, I get a Zastava semi auto AK SB, unless his girlfriend claims it. This are getting serious betweeen him and his girlfriend - he's talking about getting her added as a responsible person to the trust, which can really screw up my plans to get his AK if he dies before I do.
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GL2020
NES Member
Bro's before Ho's should apply IMO
CrackPot
NES Member
Form 5 transfer to the heir is $0 and easy to do. A trust is not required to handle inheritance. If the person inheriting is unfamiliar with eForms then ok, it adds just a little work. But the ownership should be decided by reasons other than inheritance as its not really an obstacle.
CrackPot
NES Member
The LEGAL requirement for a FFL (federal only) is that they require two things
a) proof of identify
b) proof of residency
Many FFLs confuse these separate requirements and insist that you satisfy both the same way. This is their policy and I would always recommend finding a different FFL that knows the actual requirements and does not make up their own crap.
a) means a government issued picture ID with your face and name on it. This can be the DL from any state or your passport or...
b) means ANY government document with your name and address on it. While a LTC or DL can satisfy this at the same time as (a), there is no requirement for this to happen. A tax bill, a car registration, or a water bill all meet the requirements for (b)
MA drivers license and NH car registration for the family vacation home that is held in trust is a perfectly valid combination of documents. Any GOOD FFL in NH will accept this combination of documents and off you go.
In MA, state law restricts FFLs/MA dealers to only do business with resident LTC holders so the fact that federal law would allow us to sell ammo or long guns to non-residents does not work.