Yes. You are in the free world, where you don't need permission from the government to purchase or possess a firearm.
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Just moved to Florida from MA
- Thread starter paulie walnuts
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OK, IANAL but IIRC PW is a STUDENT in FL attending college.
Since MA does NOT recognize students coming to MA for college from elsewhere as "residents" a good case can be made that this door swings both ways and a student attending college elsewhere can not be stripped of MA residency simply because they are away at school.
On the other hand, FL abides by the "dual residency" for students (unlike MA) and thus PW has the privilege of being a FL resident (ONLY) while he's living their going to school and a MA "subject" when he's home in MA from school. [FL has a long history of recognizing "snow birds" as dual residents, so this isn't a new concept for them.]
If his prior address in MA is still occupied by Family and is where he returns to when in MA, I do not see any need to notify anyone (remember IANAL). Thus his MA LTC is still valid here and any FL CCW would be valid there. DL is irrelevant to this issue (if it was the true determinant, a person w/o a DL couldn't be a resident anywhere).
ETA: I have no doubt that if you do notify, MA WILL revoke your LTC! MA is just like that, even if the notification wasn't necessary and explained that the OP was away at school.
Since MA does NOT recognize students coming to MA for college from elsewhere as "residents" a good case can be made that this door swings both ways and a student attending college elsewhere can not be stripped of MA residency simply because they are away at school.
On the other hand, FL abides by the "dual residency" for students (unlike MA) and thus PW has the privilege of being a FL resident (ONLY) while he's living their going to school and a MA "subject" when he's home in MA from school. [FL has a long history of recognizing "snow birds" as dual residents, so this isn't a new concept for them.]
If his prior address in MA is still occupied by Family and is where he returns to when in MA, I do not see any need to notify anyone (remember IANAL). Thus his MA LTC is still valid here and any FL CCW would be valid there. DL is irrelevant to this issue (if it was the true determinant, a person w/o a DL couldn't be a resident anywhere).
ETA: I have no doubt that if you do notify, MA WILL revoke your LTC! MA is just like that, even if the notification wasn't necessary and explained that the OP was away at school.
Oops, forgot the back story...
The cut corner on the MA DL had me thinking move outright...
It points out the NEED for posters to refresh our memory about circumstances so we don't spin down the wrong rat-hole.
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
I have no idea the meaning of cutting the corner of the MA DL. Perhaps FL LEOs are advised that it's not valid in FL? Not sure that it does anything to invalidate it in MA. PW can wait a month or two and go online to rmv.gov and see if it allows him to order a duplicate DL (no need to complete the transaction) . . . if so, it would indicate to me that FL didn't notify MA to revoke his MA DL and is treating him as a seasonal resident (just a SWAG).
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The door does not swing both ways. Never assume such.
College students in Massachusetts are residents. If the Jury Service actually had the information on them, then they could call them.
Different statutes have differing sets of logic. Chp 90 is one set. 62C is another.
MGL 234A is another.
"Any citizen of the United States who is a resident of the judicial district or who lives within the judicial district more than fifty per cent of the time, whether or not he is registered to vote in any state or federal election, shall be qualified to serve as a grand or trial juror in such judicial district unless one of the following grounds for disqualification applies."
Some of your logic has been dismissed. The checklists to make Florida residency have been tauted in recent ATB cases. However, even if someone is pulled back to Mass residency in one of those cases, then they were PROVED to be living in MA.
I think that it is dangerous and the person should err on the side of caution. You can spend time dealing with the hazards of the courts when you try to renew the license. The OP should cancel their license. They should have an easier time in the future when they obtain a new license.
Bill
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I was talking to the lady at the DMV, about the dual residence thing and apparently FL got rid of that law in January and she said now your either a resident or your not. Also when she cut the corner of my MA drivers licence it made invaild.
so if I don't tell anyone in MA about my new residence my LTC is still vaild? Will I get stop or asked questions at logan airport when I try to bring my guns to FL?
I want to do some HOG huntin down here!!!!
Hmm, on all fronts...
![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
Perhaps it might be better to have them shipped to you...
Lawyers please correct me if I am wrong, but if that is the case, you are no longer a resident of MA whether MA knows it yet or not... As such your LTC which is conditional on your residency, is not valid.
Given the scrutiny of air travel, which is bad enough if you don't have any technical gotchas hiding like that, I'd try to avoid the issue and either drive them down or ship them down, but that's just me...
I would assume any rational LO/DA/etc... would not nail you to the wall within a grace period here, but TSA is bad enough when all the T's and I's are crossed/dotted. God help you if someone asked to see your license, saw the cut and ran a check that came back wrong...
Urgh... I know I err on the side of caution on such issues, but the stakes of this stupid game are high...
Hmm, on all fronts...
Perhaps it might be better to have them shipped to you...
Lawyers please correct me if I am wrong, but if that is the case, you are no longer a resident of MA whether MA knows it yet or not... As such your LTC which is conditional on your residency, is not valid.
Given the scrutiny of air travel, which is bad enough if you don't have any technical gotchas hiding like that, I'd try to avoid the issue and either drive them down or ship them down, but that's just me...
I would assume any rational LO/DA/etc... would not nail you to the wall within a grace period here, but TSA is bad enough when all the T's and I's are crossed/dotted. God help you if someone asked to see your license, saw the cut and ran a check that came back wrong...
Urgh... I know I err on the side of caution on such issues, but the stakes of this stupid game are high...
this is why this country needs a Federal firearms licence, so you don't have to go sneaking around because you don't know if you are in the wrong or right in playing these stupid games.
J
Jose
Yeah. Good f-ing idea. How about you fix your retard state laws and leave the rest of us alone.
not my state anymore...lol
We have one: the 2nd Amendment. Getting the country to realize it is a whole other story though.
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The holder is required to notify the state when changing address and the implication is the LTC will be cancelled.
BUT.... I am not aware of any statute that states that the LTC is rendered invalid if you move - just that you commit an offense if you do not notify. It is unlikely the state could convict someone who moved and still had an LTC of anything other than failure to file a change of address. The law does, however, allow it to be revoked in abstentia and failure to get the notice because you have moved is not a defense.
It's like saying a "driver's license is conditional no not driving drunk". Action can be taken against a drunk driver, but the state cannot successfully allege that the driver became unlicensed once he got behind the wheel drunk.
Corrections welcome - particularly those that provide a statutory cite for a LTC "self voiding" when someone moves out of state.
Jose is right, but for a different reason. LTCs may be difficult to get (unrestricted) in MA, but once you have one, you don't have to worry about signs on businesses, going into banks, restaurants (and how much they earn from food vs. liquor), shopping malls, etc. If there ever was a "national CCW License" the restrictions would choke an elephant.
You couldn't pay me to fly thru Logan!
Go thru TF Green, they won't be asking for any firearms licenses or running background checks.
Shipping (when you are up here) is a viable but expensive alternative . . . however at $50/bag via air, it might be a wash.
If you call FL your home, get your guns out of MA, notify everyone and don't ever look back.
ETA: Fed Law allows ONLY the OWNER to ship to himself, so nobody else in MA can legally ship the guns to you. Other option is going thru an FFL (meaning ship to FL FFL for pickup) and the fees for more than 1 or 2 guns will choke you.
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As we all know, the statute says whatever the CHSB and SJC say it means, regardless of what it says...
Likely one of those issues that just never got tested...
My, admittedly paranoid, first concern here is the combo of an LTC and MA DL with a corner lopped off it, presented to an idiot TSA, who freaks at the very mention of the word "gun" anyway.
Then again, maybe the won't notice... They tend to be focusing on the wrong things most of the time. I just like my air travel rectal exam free, but that's just me...
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And under what strange situation would you be presenting both to TSA? Even if you are checking a gun, TSA's concern is compliance with their procedures and federal law, not your LTC status.
You should be concerned, however, with the consequences of not reporting a move as it could cause complications in future licensing applications.
a. Federal law techinically includes LTC compliance as FOPA requires origin and destination.
b. TSA doesn't know the law - you roll the dice...
c. The strange situation would be "they ask"...
It does require that they put two and two together which may be unlikely...
isn't there an exception for college kids that move to a different state?
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It has nothing to do with being a student, but the circumstances. A person who lives in state A for part of the year, and state B for another part, generally is not seen as giving up residency in state A when (s)he maintains a home, driver's license, and voting registration in State A. The case is even stronger when the person lives in temporary housing (dorm room, annual rental they can reasonably claim is temporary, etc.).
Some communities have attempted to claim that even getting an in-state driver's license does not change residence, and have attempted to deny voting registration to college students. This has generally failed (google "student voting rights").
