Dual residency 411???

[RKG]

I would love if someone who knows for sure could clarify this. I know this guy who is a dual resident of FL and MA. He spends about half the year in each state and maintains a dwelling in both states year round (he's a legit dual resident). He has a resident CCW in FL, and also has a resident LTC-A in MA. Is this guy I know violating MA state law by also having a resident CCW in FL?

Ask him where he votes. As far as state law goes, that is the only state of which he is a "resident."

Unless he votes in both places, in which case he has bigger problems.

 

[FreeWillie]

Hello, just have a few questions about being a resident of 2 states, and buying and selling in both. I'm sure theres plenty here that can answer.

If i buy a pistol in say... Florida, were I am a resident, do i have to leave that gun in Florida, or can it be brought to Mass for use at the range and CCW (with an LTC A of course)?? Also If i wanted to permanantly keep the handgun in Mass, can i do so?? What about selling the pistol in Mass??? Does it have to be Mass compliant?? And vice versa, buying in Mass and selling in Florida etc.etc.???

Thanx

What state issued his drivers license?

 

[cekim]

Ask him where he votes. As far as state law goes, that is the only state of which he is a "resident."

Unless he votes in both places, in which case he has bigger problems.

Maybe he is a democrat in which case it is allowed.

 

[Len-2A Training]

Ask him where he votes. As far as state law goes, that is the only state of which he is a "resident."

Unless he votes in both places, in which case he has bigger problems.

I'm not qualified to argue with a lawyer on "what's a resident".

All that I'll say is that BATFE makes it crystal clear and they allow for this when buying guns.

According to Ron Glidden, MA does not define "resident" with specific respect to gun licensing (it is not in the definitions in MGL C. 140 S. 121 where all the other gun law-specific definitions reside). Further he actually advises chiefs to issue Resident LTCs to their part-time residents, this in spite of where people vote (or not) or have their DL. All indications are the EOPS is on the same page with this issue. Some chiefs do this and some won't.

Then it is further up to the individual FFL as to whether or not to do business with any given individual.

 

[gvd0006]

I started my reply earlier today and then posted it. I see discussion about a state ID versus getting another DL. Great idea. We'll see how it works out. I feel a whole lot better about our winter vacation to FL now.

Thanks!
Rich

This is exactly what I did since I own a house in Maine and MA. I got a ME state ID, then applied for my resident CCW. The Maine DMV knew I had a MA drivers license and didn't care. Maine also had no problem with issuing me a resident CCW even though I have a resident MA LTC. Now while I'm residing up there I can buy just about anything I want . If I so choose to bring in back into the shitty state of MA(and keep it here for more then 7 days) I just go online and fill out the E Fa-10 form and leave the seller spot blank. Fairly simple process, there is no need to notify a FFL of "dual residency".

"If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.[27 CFR 478.11]"

 

[ablediver]

Here are some constants:
>You can have a MA resident LTC, Sorry I don't believe there exists a non-resident LTC in MA. However, there are some who can speak to this.
>You can apply for and possess a FL non-resident LTC. It's not a difficult process.
>You can apply for and posses a FL state ID--it's not a driver's license, it just lists your FL address and a photo. They're pretty easy to get. Just bring a birth certificate, a tax or utility bill, and pay the fee at the local RMV. IF YOU PLAN TO PURCHASE A FIREARM IN FL, YOU'LL NEED YOUR OFFICIAL ID (A DRIVER'S LICENSE OR STATE ISSUED ID, THIS IS IT)
>The FL state ID is handy if you should get carded for liquor or when you use a CC. In North FL, you can get some screwy looks when you show a MA license
>If your driver's license is in MA and you elect to keep it, you can register a vehicle in FL. If you want to keep there, it's very legal. However, if you bring it here part of the year do expect traffic stops more frequently if you drive it in MA "off-season". Especially with blacked -out windows.
>If you're traveling by air between the two states, be sure to tell the airline Ramp Agent (ticket counter) that you have a "declared firearm " in your checked luggage. Read the airline's rules before you travel. these are usually on their website. Avoid stopover's in PA, NY, & NJ where you receive your checked luggage.
> Travelling by vehicle, from D.C. north, I'd seek an alternate route. Transferring the firearm home and back would be cheaper than the bail and legal fees. Remember, with a long gun, you can just ship it to yourself between addresses via UPS.
>When travelling, always carry both ID's and LTC. Your FL non-resident LTC is good in 33 states. Your MA LTC is good here.
>You can buy a firearm in FL with the appropriate CCW Permit (FL's LTC) and an official ID. It's legal to bring it to MA.
> You can't buy a firearm in FL and sell it in MA without first registering it here.
> Lastly, there's a comprehensive book available about FL Firearms Law by Jon Gutmacher,Esq. If George Zimmerman had read it, there wouldn't be a State of Florida v. Zimmerman.

Best of luck

 

[RKG]

I'm not qualified to argue with a lawyer on "what's a resident".

All that I'll say is that BATFE makes it crystal clear and they allow for this when buying guns.

According to Ron Glidden, MA does not define "resident" with specific respect to gun licensing (it is not in the definitions in MGL C. 140 S. 121 where all the other gun law-specific definitions reside). Further he actually advises chiefs to issue Resident LTCs to their part-time residents, this in spite of where people vote (or not) or have their DL. All indications are the EOPS is on the same page with this issue. Some chiefs do this and some won't.

Then it is further up to the individual FFL as to whether or not to do business with any given individual.

1) Re: ATF: statement is correct, but we have to keep in mind that ATF is opining only about the federal Gun Control Act provisions. Illogical as it sounds, it is entirely possible that one could be a "dual resident" for federal purposes but not for state purposes.

2) I'd need more time, energy, and inclination to understand, and then opine about, Glidden's advise to police chiefs. My concern would be the risk that an applicant, claiming to be a Massachusetts resident when he is not, could be jacked for submitting false information on the application.

3) It is, of course, equally unnecessary and unhelpful to observe that only in Wonderland would be subject ordinary citizens to such a confusing and inconsistent regulatory structure and then insist that they comply with it.

 

[winter]

+1 for a great thread