Buying firearm in NH, live between 2 states

[nepats81]

Hello everyone.

I have 2 addresses. NYC and NH. I have a NH DL. I work in NYC and have an apartment there. But I am working remotely and moved in with my parents during the pandemic. Can I buy a handgun if I keep it in NH and never bring it out of state?

The gun shop is telling me yes, as long as I have an NH license I’m fine.

Thanks

 

[headednorth]

First, let me just say...Welcome!

 

[drgrant]

Hello everyone.

I have 2 addresses. NYC and NH. I have a NH DL. I work in NYC and have an apartment there. But I am working remotely and moved in with my parents during the pandemic. Can I buy a handgun if I keep it in NH and never bring it out of state?

The gun shop is telling me yes, as long as I have an NH license I’m fine.

Thanks

If you are an NH resident you can buy a handgun and keep it there, but right now it is going to take you 2-3 days to do that because the NH POC is dragging ass.

Never dump your NH residency.

-Mike

 

[Deleted member 67409]

If you are an NH resident you can buy a handgun and keep it there, but right now it is going to take you 2-3 days to do that because the NH POC is dragging ass.

Never dump your NH residency.

-Mike

As an alternative, get a New Hampshire Pistol and Revolver license, which takes about 0-14 days, typically around 2-3, and buy a handgun privately within NH. Edit: this is how unknown parties conduct private sales. See RSA 159:8 (III).

 

[DW357]

As an alternative, get a New Hampshire Pistol and Revolver license, which takes about 0-14 days, typically around 2-3, and buy a handgun privately within NH.

Forgive my ignorance but is this a new law/reg in NH??? You need to have a PR license to buy/sell privately?

 

[whacko]

Forgive my ignorance but is this a new law/reg in NH??? You need to have a PR license to buy/sell privately?

It's my understanding that private sales in NH only require buyer and seller to be NH residents.

 

[DW357]

It's my understanding that private sales in NH only require buyer and seller to be NH residents.

That's been my understanding as well.

 

[Deleted member 67409]

Forgive my ignorance but is this a new law/reg in NH??? You need to have a PR license to buy/sell privately?

No. If the buyer has a valid, resident P&R, that's the way for unknown private parties to conduct a sale. Edit: RSA 159:8 (III):

III. No pistol, revolver, or other firearm shall be delivered to a purchaser not personally known to the seller or who does not present clear evidence of his identity; nor to a person who has been convicted of a felony.

 

[nepats81]

Just got a call from the store that it was all approved to buy my Sig 226 MK. Background approved etc. At this point I shouldn’t have any issues should I buy the handgun and store it in a safe at my parents house even if I move back to NYC correct. To be clear will never leave the great state of NH.
Live free or die.

 

[drgrant]

As an alternative, get a New Hampshire Pistol and Revolver license, which takes about 0-14 days, typically around 2-3, and buy a handgun privately within NH. Edit: this will expedite the private sale process and sellers will be more amenable to conducting a face-to-face private sale.

Honestly it's not that big of a deal. The wait is about a day or so. He'd still get a gun from a dealer faster than he would
from getting a P&R and doing a private. Not to mention he's going to get a lot better selection than the crap on armslist.

Forgive my ignorance but is this a new law/reg in NH??? You need to have a PR license to buy/sell privately?

Under NH RSA a private handgun sale can only happen with:

"someone personally known to you" or otherwise, with someone unknown, they are a P&R license holder.

So like the way the law is set up, you could easily sell a handgun to your brother, or a close friend or someone, no problem.... but some rando, according to the law, that person should have a
P&R license.

-Mike

 

[drgrant]

No, its just a very good precautionary measure. If the buyer has a valid, resident P&R, the transaction goes a lot smoother. Trying to pull up the statute.

Lol, no, it's actually in the RSA 159 somewhere, at least with a handgun, if the person is not "personally known to you" they need a P&R.

-Mike

 

[Deleted member 67409]

Lol, no, it's actually in the RSA 159 somewhere, at least with a handgun, if the person is not "personally known to you" they need a P&R.

-Mike

See edit.

 

[DW357]

No. If the buyer has a valid, resident P&R, that's the way for unknown private parties to conduct a private sale. Trying to pull up the statute. Edit: RSA 159:8 (III):

Honestly it's not that big of a deal. The wait is about a day or so. He'd still get a gun from a dealer faster than he would
from getting a P&R and doing a private. Not to mention he's going to get a lot better selection than the crap on armslist.



Under NH RSA a private handgun sale can only happen with:

"someone personally known to you" or otherwise, with someone unknown, they are a P&R license holder.

So like the way the law is set up, you could easily sell a handgun to your brother, or a close friend or someone, no problem.... but some rando, according to the law, that person should have a
P&R license.

-Mike

Learned something new today. Thanks!

 

[wilson911]

The gun shop is telling me yes, as long as I have an NH license I’m fine.

Did you not believe them? If they say yes, give them cash. No need to qualify their answer with internet strangers.

 

[whacko]

Learned something new today. Thanks!

Me too

 

[headednorth]

Learned something new today. Thanks!

Me too

Same here. I just assumed that was the way a lot of NH people chose to do business. Didnt know it was written down in the law like that.

 

[FPrice]

Welcome to NES. Sounds like you are all set. You are smart to not even attempt to take it back to NY.

Enjoy your Sig.

 

[daekken]

As others have said, yes, for private handgun sales you must know the other person or have a P&R.

Another reason to scoff that those that say "lol, I ain't getting a P&R, there's no point."

I dropped my application off Friday night and it was ready at 11:00 am on Monday. Plus it's required if you want a MA non-res, too.

 

[Racenet]

Honestly it's not that big of a deal. The wait is about a day or so. He'd still get a gun from a dealer faster than he would
from getting a P&R and doing a private. Not to mention he's going to get a lot better selection than the crap on armslist.



Under NH RSA a private handgun sale can only happen with:

"someone personally known to you" or otherwise, with someone unknown, they are a P&R license holder.

So like the way the law is set up, you could easily sell a handgun to your brother, or a close friend or someone, no problem.... but some rando, according to the law, that person should have a
P&R license.

-Mike

Or, you meet them in person, introduce yourselves to each other, you are each personally known. Where in the RSA is "Personally Known" defined?

 

[JayMcB]

Just got a call from the store that it was all approved to buy my Sig 226 MK. Background approved etc. At this point I shouldn’t have any issues should I buy the handgun and store it in a safe at my parents house even if I move back to NYC correct. To be clear will never leave the great state of NH.
Live free or die.

You are a NH resident, who maintains a second residence in NYC. Period. Your DL and voter registrations says where you live.

Go pick up your pistol.

Also, stop drinking the water in NYC, your liberal is showing. You are not required to lock it in a safe. Enjoy your first firearm.

 

[Bladerunner]

Just got a call from the store that it was all approved to buy my Sig 226 MK. Background approved etc. At this point I shouldn’t have any issues should I buy the handgun and store it in a safe at my parents house even if I move back to NYC correct. To be clear will never leave the great state of NH.
Live free or die.

Whether the gun stays in the state or not is irrelevant to what you are asking. What you need to ask is the following:

Does my situation meet the definition for "residency" given the law and the interpretations of the ATF?

ATF states the following:

"A person’s “State of residence” is defined by regulation in 27 CFR 478.11 as “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.” Ownership of a home or land within a given State is not sufficient, by itself, to establish a State of residence. However, ownership of a home or land within a particular State is not required to establish presence and intent to make a home in that State. Furthermore, temporary travel, such as short-term stays, vacations, or other transient acts in a State are not sufficient to establish a State of residence because the individual demonstrates no intention of making a home in that State."

https://www.atf.gov/firearms/docs/ruling/2010-6-state-residence/download

Is your stay at your parents considered "short-term?'

Is your stay at your parents considered "transient".

You yourself state that you are staying there during COVID 19. Arguably, COVID 19 is not going to last forever. What are your plans after society gets the all clear?

Are you going back to NYC.

Your situation does not sound like you have the "intention of making a home" in the state.

However, this is a grey area, as there is no definition anywhere in the statute or otherwise where "short-term", or, "transient" are legally defined.

 

[appraiser]

It's my understanding that private sales in NH only require buyer and seller to be NH residents.

AND BE PERSONALLY KNOWN TO EACH OTHER

IMHO a well established presence on this forum with interactions counts as "personally known"

If a buyer presents a P&R license, that negates the "personally known" requirement for a FTF transaction IMHO, IANAL

 

[daekken]

Or, you meet them in person, introduce yourselves to each other, you are each personally known. Where in the RSA is "Personally Known" defined?

Legalities aside, good luck finding a buyer who'll be excited to sell to you when you say, "Yeah, I don't have a P&R, and I know you don't know me, but a handshake and my name's good enough."

 

[drgrant]

Whether the gun stays in the state or not is irrelevant to what you are asking. What you need to ask is the following:

Does my situation meet the definition for "residency" given the law and the interpretations of the ATF?

ATF states the following:

"A person’s “State of residence” is defined by regulation in 27 CFR 478.11 as “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.” Ownership of a home or land within a given State is not sufficient, by itself, to establish a State of residence. However, ownership of a home or land within a particular State is not required to establish presence and intent to make a home in that State. Furthermore, temporary travel, such as short-term stays, vacations, or other transient acts in a State are not sufficient to establish a State of residence because the individual demonstrates no intention of making a home in that State."

https://www.atf.gov/firearms/docs/ruling/2010-6-state-residence/download

Is your stay at your parents considered "short-term?'

Is your stay at your parents considered "transient".

You yourself state that you are staying there during COVID 19. Arguably, COVID 19 is not going to last forever. What are your plans after society gets the all clear?

Are you going back to NYC.

Your situation does not sound like you have the "intention of making a home" in the state.

However, this is a grey area, as there is no definition anywhere in the statute or otherwise where "short-term", or, "transient" are legally defined.

You're making way more out of it than its worth. Residency wrt ATF regs is pretty simple there's literally nothing there other than an intent. You can say "i plan to reside here indefinitely" and change your mind 3 weeks later and it's still legal.

Hell one of my customers is an attorney and he mostly lives in Boston but his real residency is in New Hampshire where his family home is. He does not own or possess guns in mass at all.

 

[Bladerunner]

Point taken.

 

[Racenet]

Legalities aside, good luck finding a buyer who'll be excited to sell to you when you say, "Yeah, I don't have a P&R, and I know you don't know me, but a handshake and my name's good enough."

Who the f*** is saying that? That's isn't what I said.

 

[daekken]

Who the f*** is saying that? That's isn't what I said.

I didn't realize you were implying sitting down and having dinner together.

I took "name and introduction" to be a rather quick affair.

 

[Racenet]

I didn't realize you were implying sitting down and having dinner together.

I took "name and introduction" to be a rather quick affair.

You are a Mass transplant, aren't you?

 

[garandman]

Just got a call from the store that it was all approved to buy my Sig 226 MK. Background approved etc. At this point I shouldn’t have any issues should I buy the handgun and store it in a safe at my parents house even if I move back to NYC correct. To be clear will never leave the great state of NH.
Live free or die.

It’s actually “Live tax free or die.”

 

[jct61765]

Forgive my ignorance but is this a new law/reg in NH??? You need to have a PR license to buy/sell privately?

NO