Buying a non MA compliant handgun in NH with property in NH

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I live in MA and want to purchase guns such as Kimber, Springfield Armory, Taurus, Deringers, Etc. I have a condo in NH where I pay taxes and was told today by a dealer in NH that if i showed my tax papers that I can purchase these guns and "keep them up here." I know there was ways around getting the non-MA compliant guns and I would like to know if anyone has tried this. I live in the Boston area and go up to NH very often. I guess if the tax form is in my name, which it is, I can buy guns such as Kimber but I can't bring them back to MA? Any info would be great. Thanks

-Al
 
IANAL but I think what the gun shop told you is incorrect. I don't believe you can have residency in 2 states.
In states that don't have permit laws as we do FFLs require to see your driver's licence or similar form of Govt ID to buy a firearm and if you have an out of state DL you can buy rifles and shotguns but you're FEDERALLY disallowed handguns. A tax bill is not a valid form of ID and if the FFL does take that you and he may be spending some "vacation" time via Uncle Sam and the federal prison system if caught.
 
You can indeed have residency in two states, but there are two catches:

- There is no universal standard for what a dealer will accept

- There is no clear definition of what meets the definition of "residency" in the eyes of those who get to decide if you have to choose between taking the felony plea or liquidating your retirement fund to fight a non-resident purchase charge.

It's just not worth screwing around with.
 
As long as the pistols don't violate the MA AWB (like an AR pistol) you can possess it in MA provided you have an appropriate LTC.
Post ban hi cap mags are forbidden. Read around the forum for more info.
 
"Going up there very often" doesn't cut it as establishing residency. Sure, you can find a dealer who will accept your tax bills and utility bills as proof of residency, but that's not your problem. You need to have a good enough claim that the ATF won't decide to go after you for an illegal purchase. Read the relevant law and regulations carefully.

From 27 CFR § 478.11:
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.

If you meet these criteria, then not only can you purchase firearms in NH while you reside there, but you can legally bring them with you when you relocate to MA, providing they don't violate the AWD and you don't bring new hi-cap magazines, and that you file an FA-10 for registration the first time you bring them into MA.

Note: While you'll have a much harder time finding a dealer willing to sell to you, ATF has explicitly held that this also applies to college students living in dorms and apartments during the school year. ("An out-of-State college student may establish residence in a State by residing and maintaining a home in a college dormitory or in a location off-campus during the school term." ATF Ruling 80-21)

Ken
 
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or you could buy FTF in NH from a person who personally knows you and accepts that you are a "resident" of NH by the Federal standard. IMHO that person would have to be a pretty good friend in addition to the "personally known" definition in NH law for FTF sales between residents, because if things go South, he is in a world of fecal matter, probably more than you.
 
I have an LTC class A unrestricted in both MA and NH. I will talk to the dealer more now that I know that I could get myself or them in trouble. I wish MA wasn't so strict, ugh. So if I did manage to get the firearm, I could NEVER bring it back to MA. Thanks for the info everyone
 
IANAL but I think what the gun shop told you is incorrect. I don't believe you can have residency in 2 states.
In states that don't have permit laws as we do FFLs require to see your driver's licence or similar form of Govt ID to buy a firearm and if you have an out of state DL you can buy rifles and shotguns but you're FEDERALLY disallowed handguns. A tax bill is not a valid form of ID and if the FFL does take that you and he may be spending some "vacation" time via Uncle Sam and the federal prison system if caught.

It's not necessarily a form of ID but it is an indicia of residency that might satisfy the ATF's standard. Best bet here is to read Ken's post, and not go into pant s**ting hysterics by default. One either meets those guidelines or they don't. A lawyer of course will tell you, if there is any grayness 'felt" about whether you meet those standards or not, then don't do it.

-Mike
 
there is no such thing as restricted in NH !!!!

Even if you have a restricted MA LTC, your NH Non Resident permit comes without restrictions. We trust you more than MA does!
 
ColdDayInHell:2019547 said:
No I have a non resident LTD A in NH
As others have said, no you don't because NH doesn't have an LTC A. What they issue is a non-resident pistol/revolver license and it is never restricted in any way.

And if you can legally buy it, you can legally bring it in to MA as long as it doesn't violate the MA AWB. Just watch out for post-ban hi-cap magazines.
 
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Oh okay. So my Glock 17 1st generation has a factory mag of 17 rounds, is that illegal?

Only if the mag was made after 9/13/94. (which is doubtful, unless it has LE markings etc. See the glock mag ID thread in the MA gun laws subforum).

-Mike
 
I'm not sure and I did look at the forum. I'll look when I get home and get back to you. I am not sure about the metal lining on the top of the mag.
 
Mike, if I take a picture of my G17 hi-cap mag can you tell me when it was made, to the best of your ability? I appreciate it. I'm still going to try and buy a handgun in NH because we own property there and live up there about 3 months a year. I'm sure there's a loophole somewhere. Thanks!

Al
 
Mike, if I take a picture of my G17 hi-cap mag can you tell me when it was made, to the best of your ability? I appreciate it. I'm still going to try and buy a handgun in NH because we own property there and live up there about 3 months a year. I'm sure there's a loophole somewhere. Thanks!

Al

I won't need pictures. Does it have notches cut (where you can see the bare metal of the mag insert) out in the front of the mag, either under the front, or opposite the plastic magazine release cut? If the answer is "no" and it has no LE markings, then it will pass as preban. If it has ambi cuts in it (in the front) or LE markings on it, then it is definitely postban and illegal in MA.

See this thread: (long, lots of opinions)
http://www.northeastshooters.com/vbulletin/threads/4944-MA-Identifying-Pre-Ban-Glock-Mags

An example of ambi cuts:
http://www.northeastshooters.com/vb...Ban-Glock-Mags?p=971486&viewfull=1#post971486

There is a 2nd style of ambi cut which has that silver box and also has another notch cut opposite the molded notch.

Further confusing the issue is the (however remote) possibility that someone could have cut the notch themselves. That's pretty unlikely though.

Also note that there are CRIPPLE mags with the ambi cut in them. Obviously those are legal because they hold 10 rounds or less.

-Mike
 
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