• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Dual residency purchases???

Status
Not open for further replies.
Joined
Jul 28, 2005
Messages
5,659
Likes
111
Feedback: 6 / 0 / 0
I live in MA and have my LTC here. I also have a ME nonres. However.. I do have a 2nd home in ME. I've heard I can apply for dual residency in MA and ME which would allow me to legally purchase firearms that aren't allowed in MA. I can't find any good info on this... anyone have knowledge of this or is it just bs?

Thanks
 
This gets sticky. Legally speaking, you're only supposed to buy handguns
from your primary residency.

IMO, wherever your drivers license is issued out of, is your "real"
residency. If you stay in ME for more than 90 days at a time, I believe,
you can claim, that at least for a portion of the year, that is your
"residence. " But it will be awfully hard to get a local dealer to sell you
something without a DL from that state.

It's a lot stickier than that, but mechanically speaking, thats the way
I see it- unless you have a DL from the state you're buying the guns
in, it's going to be difficult. (Well, with the exception of rifles and
shotguns, but there really isnt the same level of restrictions on those, obviously).

Also, don't forget that you cannot bring "post 94" aw's back into
MA, regardless. (eg, those nice new ARs you see with the birdcages
and collapsible stocks on them, etc). But there's nothing stopping
you from keeping those kinds of guns in ME.

Do some searches- there are some pretty huge old threads on this board
about this particular issue.

-Mike
 
Mike's post isn't correct, at least according to BATFE. However from a practical viewpoint he's reasonably correct.

A search here (use Advanced Search) for posts by me might turn something up from the early days of the forum.
 
The drivers license issue gets real interesting in Florida. It's generally considered bad form (and prohibited by most, or perhaps every, state's licensing laws) to have driver's licenses from multiple states. BUT, most states require you get a license within N days of moving to the state (N is commonly 30). Florida has so many seasonal residents that they offer the option of a license marked "Valid in Florida Only" - the difference being that you do not have to surrender your non-Florida license to get one.

Also, if you really have "multiple state" addresses and Maine is one of them, you should be able to get you Maine LTC as a resident using the ME address. That may qualify in the eyes of some dealers.

If you are going to claim multi-state residency, you need to do it across the board - you're getting into dangerous territory if you're a resident of one state only for taxation purposes, but claim multiple state residency for gun purchases.

There was an interesting case in NYC some time ago where a person of privilege, power and influence (you know, the type who can get a carry permit in NYC) was in a divorce fight and claimed that NYC was not his residency. His wife used his posession of a NYC carry permit as proof that he had formally declared NYC residence in her attempt to move the case to a more favorable 9to her) jurisdiction.
 
jwilson said:
I have a house in Vermont!!!
that would be great if I could buy any gun on VT's list!!!

But Vermont does not have a list. ...oh wait, [thinking] [smile]
fce32f95.gif
 
Federal law is what to be concerned about here. To avoid breaking federal law, make your primary residence in the free state. That means dirver's license, resident income tax, federal income tax, etc., all in that free state. You can come to MA for work or to visit your second home, but you should be paying non-resident MA income taxes. This makes everything clear, and you can buy all of the guns that your free home state allows.

Trying to dance around the resident restrictions in any way is risking multiple felony charges. Not worth it. Sorry.
 
Status
Not open for further replies.
Back
Top Bottom