For the purpose of firearms law I hold dual residency in CA and MA and can legally purchase firearms in both states. Doing a search on NES I've seen posts stating that it is legal for a MA dual resident to purchase a MA-legal handgun in his other state of residence and bring it back into MA without transferring it thru a MA FFL, only requiring that it be registered with the state. In the discussions I've seen references to Fed law (the 1968 GCA & BATFE regs/rulings), but nothing concerning MA state law on this subject. Are there any references in MA state law or court cases that explicitly states that this is legal?
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Dual Residency - Bringing handgun into MA
- Thread starter joemoia
- Start date
1) Be very careful of the concept of "dual residence." It is a concept recognized by ATFE for purposes of the federal statutes. It does necessarily (and does not generally) have any standing in most states for state law purposes.
2) Assuming (I've not taken the time to research the issue lately) that Massachusetts is conventional, it will recognize that an individual can only be a resident of one state at a time. Likewise, Massachusetts requires that one be a Massachusetts resident for purposes of the resident LTC. If and so long as that is true, taking any action inconsistent with being a Massachusetts resident could put your LTC in jeopardy. For instance: where do you vote? What do you claim to be your state of residence on your 1040? What state issued your driver's license? Note: I'm not asking you to answer these questions in a public forum, only illustrating questions you might be asked.
3) Putting the foregoing aside for the moment, the Massachusetts statute on "compliant" firearms applies only to sales by a Massachusetts-licensed dealer. If by whatever means you legally acquire a "non-compliant" firearm other than from a Massachusetts-licensed dealer, these restrictions have no application.
2) Assuming (I've not taken the time to research the issue lately) that Massachusetts is conventional, it will recognize that an individual can only be a resident of one state at a time. Likewise, Massachusetts requires that one be a Massachusetts resident for purposes of the resident LTC. If and so long as that is true, taking any action inconsistent with being a Massachusetts resident could put your LTC in jeopardy. For instance: where do you vote? What do you claim to be your state of residence on your 1040? What state issued your driver's license? Note: I'm not asking you to answer these questions in a public forum, only illustrating questions you might be asked.
3) Putting the foregoing aside for the moment, the Massachusetts statute on "compliant" firearms applies only to sales by a Massachusetts-licensed dealer. If by whatever means you legally acquire a "non-compliant" firearm other than from a Massachusetts-licensed dealer, these restrictions have no application.
Chief Glidden has been telling chiefs and LOs forever to give a RESIDENT LTC to their part-time residents. It is up to the local chief as no criteria (one way or the other) exists in MGLs. Some will do it, others will tell you to pound sand. Just be honest, explaining your dual residency if asked. Don't volunteer more than asked however.
I consulted/retained a Mass. firearms lawyer prior to and during the MA LTC application process, provided full disclosure concerning my residency status on the application and during the interview with the local PD, and was subsequently issued a MA resident LTC last year. I'm also aware of the difference between "legal" and "compliant" as the same distinction applies to CA and its handgun roster.
As stated in my reply above, I've already been issued a MA Resident LTC (CL A unrestricted). The question pertains to handguns I might purchase in CA AFTER I have established Ma-residency-WRT-firearms and have been issued a MA LTC. I assume handguns and long guns I already own PRIOR to establishing MA-residency-WRT-firearms may be brought in with only registration required, similar to persons moving full time into the state. I assume Long guns I may purchase in CA AFTER establishing MA-residency-WRT-firearms may be brought in with registration only, similar to full time MA residents purchasing long guns in NH or ME. But its not clear to me concerning handguns I may purchase in CA AFTER I establish MA-residency-WRT-firearms.
Handguns can be brought in and registered. Just no new large-cap mags or so-called assault-weapons unless pre-ban.
dcmdon
NES Member
The bottom line joemoia is that you can purchase whatever the law allows in whatever state you happen to be a resident in at the moment.
And you can bring the firearms from one state into the other provided that it is legal to possess them in the state you have brought them into and register them per the receiving state's laws if necessary.
If a firearm can not be sold in the state you are moving the firearm into, but can be possessed, like off list handguns, it is fine. Because you are not actually purchasing the firearm in that state.
So since most Rugers and S&Ws will have dropped off the CA list by the end of the year, if you purchased a ruger handgun in MA and brought it into CA next year, it would be perfectly fine.
RKG - much of what you wrote above is not correct. The most common situation for part time residents is for people who have summer homes down south. For example a MA home and a FL summer place.
You can only be DOMICILED in one place. That is generally where you vote and where your drivers license is from. But you can lawfully be a resident of a dozen states if you actually make a home there for any length of time. Owning property doesn't hurt either. If the requirements for a MA LtC said you had to be domiciled in MA, then it might be different.
But even then, the way around it is simple, you just make sure you are domiciled in MA and are simply a resident of FL. This works because FL could not care less if you are a full time resident there as far as issuing carry licenses is concerned. Half their population is seasonal. They don't deny all the snow birds licenses to carry.
And you can bring the firearms from one state into the other provided that it is legal to possess them in the state you have brought them into and register them per the receiving state's laws if necessary.
If a firearm can not be sold in the state you are moving the firearm into, but can be possessed, like off list handguns, it is fine. Because you are not actually purchasing the firearm in that state.
So since most Rugers and S&Ws will have dropped off the CA list by the end of the year, if you purchased a ruger handgun in MA and brought it into CA next year, it would be perfectly fine.
RKG - much of what you wrote above is not correct. The most common situation for part time residents is for people who have summer homes down south. For example a MA home and a FL summer place.
You can only be DOMICILED in one place. That is generally where you vote and where your drivers license is from. But you can lawfully be a resident of a dozen states if you actually make a home there for any length of time. Owning property doesn't hurt either. If the requirements for a MA LtC said you had to be domiciled in MA, then it might be different.
But even then, the way around it is simple, you just make sure you are domiciled in MA and are simply a resident of FL. This works because FL could not care less if you are a full time resident there as far as issuing carry licenses is concerned. Half their population is seasonal. They don't deny all the snow birds licenses to carry.
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On concept needs clarifying in case that is part of your question. If you now buy any type of firearm including a handgun in CA, nothing needs to be done in Mass. Mass requirements only pertain to firearms that you physically bring into Mass.
dcmdon
NES Member
I'm not sure if most of you know this but Ed Peruta of Peruta recent CA case law fame is a resident of CA in the winter, in his motor home, and a resident of CT the rest of the year.
He is on the board of directors for CT Carry and works as an investigator for Attorney Rachel Baird. In case you didn't notice, he was denied a resident license to carry in CA. Ed is very very knowledgeable about residency requirements as well as what it means to be a resident somewhere and domiciled somewhere.
Ed is most commonly found on the internet in the CT forum on opencarry.org. Even though he has no personal interest in open carryng, that forum has some great minds on it.
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Nothing needs to be done in MA other than to register it via FA10 when you physically bring it into MA
He is on the board of directors for CT Carry and works as an investigator for Attorney Rachel Baird. In case you didn't notice, he was denied a resident license to carry in CA. Ed is very very knowledgeable about residency requirements as well as what it means to be a resident somewhere and domiciled somewhere.
Ed is most commonly found on the internet in the CT forum on opencarry.org. Even though he has no personal interest in open carryng, that forum has some great minds on it.
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Nothing needs to be done in MA other than to register it via FA10 when you physically bring it into MA
