MA resident and LTC holder who owns property in NH and confused

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aLuckyFourteen

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I try my best to keep up with all the nuances of firearms laws but it's gotten so complicated (which is their goal) that I'm confused. I'm a MA resident LTC holder who has owned property in NH for the past six years. I spend a good amount of time at my house in NH. What I'm struggling to understand is what I can and can't buy in NH and if I can buy it in NH, can I bring it to MA.

What I think to be true:
  • If the firearm is illegal in MA (i.e., AWB) under all the new BS, I can't legally bring it.
  • I can't bring a 10+ round magazine unless it's pre-ban status.
  • I can buy a long rifle or shotgun in NH (whether I own property or not) and can bring it to MA assuming it satisfies the first two bullets.
What I'm not sure about:
  1. Typically, any handgun purchase in NH would need to be transferred via a MA FFL. But if I own property there, is that still the case?
  2. If it is the case that I can buy handguns in NH
    • A. On the MA approved roster: can I bring them into MA assuming 10 round or less magazine?
    • B. Not on the MA approved roster: can I bring them into MA assuming 10 round or less magazine? I'm under the impression that the roster is what can be SOLD, not what can be POSSESSED. For instance: https://palmettostatearmory.com/300-blackout/300-blackout-pistols.html
  3. Does the fact that I own property in NH and spend time there make any difference at all in this discussion?
  4. Do criminals do this amount of research before committing gun crimes?
I'm not asking anyone to list NH dealers who are more friendly to this than others. Please keep that information private. I want to understand the law.

Thank you for your time.
 
aLuckyFourteen said:
What I think to be true:
  • I can't bring a 10+ round magazine unless it's pre-ban status.
Click to expand...

As the law is written, magazines that can hold 11 or more rounds cannot be imported, regardless of its age. How anyone could know or prove you didn't possess a pre-ban magazine before the law changed is another question.


aLuckyFourteen said:
What I'm not sure about:
  1. Typically, any handgun purchase in NH would need to be transferred via a MA FFL. But if I own property there, is that still the case?
  2. If it is the case that I can buy handguns in NH
    • A. On the MA approved roster: can I bring them into MA assuming 10 round or less magazine?
    • B. Not on the MA approved roster: can I bring them into MA assuming 10 round or less magazine? I'm under the impression that the roster is what can be SOLD, not what can be POSSESSED. For instance: https://palmettostatearmory.com/300-blackout/300-blackout-pistols.html
  3. Does the fact that I own property in NH and spend time there make any difference at all in this discussion?
Click to expand...

If you are a NH resident and have sufficient documentation, you can buy anything you want in NH as a NH resident. Owning property in MA doesn't change that.

If you buy something that falls under the "Assault-Style Firearm" definition, you cannot bring it into MA.

Other than that, you can do whatever you want.

The biggest gotcha is finding an FFL that will recognize your NH residence. If you have a NH resident pistol permit driver's licence that shows your NH address, it should be easy. If you only have a tax bill, you might get some resistance from the FFL.

aLuckyFourteen said:
  1. Do criminals do this amount of research before committing gun crimes?
Click to expand...
They do more research than we do, to make sure they don't break any laws.
 
Last edited:
milktree said:
As the law is written, magazines that can hold 11 or more rounds cannot be imported, regardless of its age. How anyone could know or prove you didn't possess a pre-ban magazine before the law changed is another question.




If you are a NH resident and have sufficient documentation, you can buy anything you want in NH as a NH resident. Owning property in MA doesn't change that.

If you buy something that falls under the "Assault-Style Firearm" definition, you cannot bring it into MA.

Other than that, you can do whatever you want.

The biggest gotcha is finding an FFL that will recognize your NH residence. If you have a NH resident pistol permit that shows your NH address, it should be easy. If you only have a tax bill, you might get some resistance from the FFL.


They do more research than we do, to make sure they don't break any laws.
Click to expand...
No NH dealer even wants to see your NH P/R License. It is only relevant to purchase a handgun FTF between 2 NH residents. I bought handguns as a dual resident, 2 from SIG and 1 from another FFL in NH and state this as a fact.
 
you also have to look at residence in the light of how the BATFE interprets it.

There are MANY FFL's who will sell a person who owns or rents a property in NH a firearm with proper proof to their satisfaction of "residence" as defined by the Federal laws and regulations.

Now that being said anything you buy in NH because you own a vacation property there and that is where you are laying your head at the time of firearm purchase has to be MA compliant IF you bring it to your other home

No high cap magazines unless pre ban and there are other requirements WRT to the latest MA laws that I am not conversant in.

No collapsible stocks

I'll let the MA guys who are up to speed on the new law give their opinions on the other limitations or of you have to file a eFA-10 on them if they stay in MA for longer than 7 days
 
Len-2A Training said:
No NH dealer even wants to see your NH P/R License. It is only relevant to purchase a handgun FTF between 2 NH residents. I bought handguns as a dual resident, 2 from SIG and 1 from another FFL in NH and state this as a fact.
Click to expand...

What forms of documentation do most FFLs accept? I figured a NH resident permit would be sufficient. Do they *not* accept those, or are they just wholly unnecessary?
 
milktree said:
What forms of documentation do most FFLs accept? I figured a NH resident permit would be sufficient. Do they *not* accept those, or are they just wholly unnecessary?
Click to expand...
Documents depend on the dealer. Deed/lease should qualify, RE tax bill, etc. But some FFLs won't accept anything except a NH DL, they can make up their own business rules that makes them feel comfortable. NH P/R License, I haven't had one FFL interested in seeing one and if you show it they will refuse to acknowledge it.
 
Len-2A Training said:
Documents depend on the dealer. Deed/lease should qualify, RE tax bill, etc. But some FFLs won't accept anything except a NH DL, they can make up their own business rules that makes them feel comfortable. NH P/R License, I haven't had one FFL interested in seeing one and if you show it they will refuse to acknowledge it.
Click to expand...
In some cases I know my NH real estate tax bill, with my NH address would have been accepted. I do believe Len2A is correct in that most want a DL.
 
appraiser said:
Now that being said anything you buy in NH because you own a vacation property there and that is where you are laying your head at the time of firearm purchase has to be MA compliant IF you bring it to your other home
Click to expand...
Untrue. Handguns only have to comply with the AWB and mag ban to be legal to possess in MA. Similarly with long guns but also not one of the now banned guns (e.g. ARs, etc) that weren't grandfathered by being in MA on 8/1/24.
 
HARRYM said:
In some cases I know my NH real estate tax bill, with my NH address would have been accepted. I do believe Len2A is correct in that most want a DL.
Click to expand...
The first thing that a NH FFL asks for is the DL. If it isn't a NH DL, that's when you have a sudden problem and have to work your way out of it that will satisfy the desires of the FFL.
 
Not sure if I understood the question right but With regard to what you can do and own in MA:

It doesn’t matter that you own property in NH. MA law applies to you when you’re within the boundaries of the state of MA. So you can only possess what is legal to possess in MA, can only carry what is legal in MA to carry, and can only transfer in MA what is legal to transfer in MA. There are an awful lot of things that are legal to do and/or possess just north of that imaginary line that are not legal in communist china. You’ve just got to deal with it or move.
 
Len-2A Training said:
Documents depend on the dealer. Deed/lease should qualify, RE tax bill, etc. But some FFLs won't accept anything except a NH DL, they can make up their own business rules that makes them feel comfortable. NH P/R License, I haven't had one FFL interested in seeing one and if you show it they will refuse to acknowledge it.
Click to expand...
A passport and a deed might be easier vs a deed and a MA license?
I will quote the federal text that is interesting because it is easy to get a NH registration being out of state

The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee’s name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a current driver’s license.

A combination of government issued documents may be used to meet the requirements of an identification document. For example, a passport which contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee in order to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.
Click to expand...
 
LakeTrout said:
Not sure if I understood the question right but With regard to what you can do and own in MA:

It doesn’t matter that you own property in NH. MA law applies to you when you’re within the boundaries of the state of MA. So you can only possess what is legal to possess in MA, can only carry what is legal in MA to carry, and can only transfer in MA what is legal to transfer in MA. There are an awful lot of things that are legal to do and/or possess just north of that imaginary line that are not legal in communist china. You’ve just got to deal with it or move.
Click to expand...
Thanks for replying, but yes, I understand this. Was looking to buy items that are legal in MA but buy them in NH. Tax free and generally cheaper prices. Or, buy items that I’ll only keep in NH and never travel to MA with.
 
milktree said:
What forms of documentation do most FFLs accept? I figured a NH resident permit would be sufficient. Do they *not* accept those, or are they just wholly unnecessary?
Click to expand...
Not a lawyer, YMMV.

The FFL I usually go to accepts my real estate tax bill as sufficient under federal law. For picture ID I bring my passport card.

(Unfortunately NH F&G says I must pay non-resident snowmobile registration fees).
 
Len-2A Training said:
No NH dealer even wants to see your NH P/R License. It is only relevant to purchase a handgun FTF between 2 NH residents. I bought handguns as a dual resident, 2 from SIG and 1 from another FFL in NH and state this as a fact.
Click to expand...

They're relevant beyond that for reciprocity or qualifying for a NR ccw in some states like PA.
 
aLuckyFourteen said:
Thank you for the reply. Are you officially a MA resident?
Click to expand...
that is where the hang up is, it does not matter what you consider your state of residence is, it is what the BATFE considers your residence to be at the moment you fill out the 4473


ATF has previously addressed the eligibility of individuals to acquire firearms who
maintain residences in more than one State. Federal regulations at 27 CFR 478.11
(definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two
States may, during the period of time the person actually resides in a particular State,
purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and
Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held
that, during the time college students actually reside in a college dormitory or at an off-
campus location, they are considered residents of the State where the on-campus or off-
campus housing is located.
 
snax said:
What if you're a trustee of a trust that is on the tax bill/title. It is satisfactory for the town to get my dump sticker... id love a non neutered gun with no sales tax.
Click to expand...
it is ALL up to the FFl as to what he/she is comfortable with

(That is why a passport card IMHO beats a DL in this situation)

Being a Trustee does not give you rights to claim it as a residence, I am one of 2 trustees on a family home and I don't get to claim residency there, but someone who was granted a life estate in the trust documents does.

You have to be able to establish RESIDENCY as defined by the BATFE to the satisfaction of the FFL

Now I had a friend who sold his house but still wanted a NH residency until he found another house, so we went down to Town Hall and got it on record that he was a resident of my property so he could register cars, etc using my address.

You might, as a Trustee have to do that and then go get a library card or something a FFL will take.
 
appraiser said:
it is ALL up to the FFl as to what he/she is comfortable with

(That is why a passport card IMHO beats a DL in this situation)

Being a Trustee does not give you rights to claim it as a residence, I am one of 2 trustees on a family home and I don't get to claim residency there, but someone who was granted a life estate in the trust documents does.

You have to be able to establish RESIDENCY as defined by the BATFE to the satisfaction of the FFL

Now I had a friend who sold his house but still wanted a NH residency until he found another house, so we went down to Town Hall and got it on record that he was a resident of my property so he could register cars, etc using my address.

You might, as a Trustee have to do that and then go get a library card or something a FFL will take.
Click to expand...
I do spend the most time there, have been thinking about it to get around my company's return to office rules
 
aLuckyFourteen said:
I try my best to keep up with all the nuances of firearms laws but it's gotten so complicated (which is their goal) that I'm confused. I'm a MA resident LTC holder who has owned property in NH for the past six years. I spend a good amount of time at my house in NH. What I'm struggling to understand is what I can and can't buy in NH and if I can buy it in NH, can I bring it to MA.

What I think to be true:
  • If the firearm is illegal in MA (i.e., AWB) under all the new BS, I can't legally bring it.
  • I can't bring a 10+ round magazine unless it's pre-ban status.
  • I can buy a long rifle or shotgun in NH (whether I own property or not) and can bring it to MA assuming it satisfies the first two bullets.
What I'm not sure about:
  1. Typically, any handgun purchase in NH would need to be transferred via a MA FFL. But if I own property there, is that still the case?
  2. If it is the case that I can buy handguns in NH
    • A. On the MA approved roster: can I bring them into MA assuming 10 round or less magazine?
    • B. Not on the MA approved roster: can I bring them into MA assuming 10 round or less magazine? I'm under the impression that the roster is what can be SOLD, not what can be POSSESSED. For instance: https://palmettostatearmory.com/300-blackout/300-blackout-pistols.html
  3. Does the fact that I own property in NH and spend time there make any difference at all in this discussion?
  4. Do criminals do this amount of research before committing gun crimes?
I'm not asking anyone to list NH dealers who are more friendly to this than others. Please keep that information private. I want to understand the law.

Thank you for your time.
Click to expand...

If you have a dwelling in NH on that property you can literally buy whatever you desire, with no restrictions. What you can't do is bring some or all of it into mass depending on what "it" is.
 
CATI said:
A passport and a deed might be easier vs a deed and a MA license?
I will quote the federal text that is interesting because it is easy to get a NH registration being out of state
Click to expand...
You're not going to be able to get a passport showing a NH address if you live in MA and have a MA license. And there's no such thing as dual residency anymore, hasn't been in years. I just went through this with my retirement and moving from MA to NH then to FL. If you move to NH, you surrender your MA license, same with moving anywhere. I used to be able to buy handguns in FL because I owned property, but I could never be a dual resident, each person only has one residence.
 
Scott A. said:
You're not going to be able to get a passport showing a NH address if you live in MA and have a MA license. And there's no such thing as dual residency anymore, hasn't been in years. I just went through this with my retirement and moving from MA to NH then to FL. If you move to NH, you surrender your MA license, same with moving anywhere. I used to be able to buy handguns in FL because I owned property, but I could never be a dual resident, each person only has one residence.
Click to expand...
Not sure what you mean.
Passport has no address, just your identity
The deed is your proof of NH address
 
aLuckyFourteen said:
Thank you for the reply. Are you officially a MA resident?
Click to expand...
I bought my retirement home in NH but kept MA as my "legal residence" for a bit more than a year. During that time I lived in both houses each week. The day after my Wife retired, we declared NH as our official "legal residence". Due to covid, where contractors wouldn't work in our houses and movers wouldn't visit to get a firm estimate of moving costs, we maintained both homes and spent a day or two each week in MA cleaning out that house, etc. I sold the MA house in the Fall of 2021 and only own the house in NH now.

appraiser said:
but had long term ownership and occupation of a house on NH as well as in MA before he made the jump to full time NH residency. I believe he no longer owns a home in MA
Click to expand...
Correct. For a year we were spending an average of half of each week in each location.
 
Scott A. said:
And there's no such thing as dual residency anymore, hasn't been in years. I just went through this with my retirement and moving from MA to NH then to FL. If you move to NH, you surrender your MA license, same with moving anywhere. I used to be able to buy handguns in FL because I owned property, but I could never be a dual resident, each person only has one residence.
Click to expand...
The above is true for the purposes of obtaining identity documents.

For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. You can be a part-time resident of your current state today, and another state later in the same year, at least in the eyes of the ATF and GCA:
27 CFR 478.11 said:
If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.
Last Reviewed April 12, 2022​
Click to expand...
 
Thanks for the replies, all. I know that even if I find a friendly FFL in NH, I can’t legally bring certain items to MA. My intent it two-fold:

1. Right now I want a handgun that is MA legal but don’t want the stupid manual safety. Was hoping as a NH homeowner who spends lots of time at that home that I could buy it there. It only comes with a 10-rd mag.

2. Buy some things that I can’t buy in MA and keep them in NH.

Thanks.
 
appraiser said:
that is where the hang up is, it does not matter what you consider your state of residence is, it is what the BATFE considers your residence to be at the moment you fill out the 4473


ATF has previously addressed the eligibility of individuals to acquire firearms who
maintain residences in more than one State. Federal regulations at 27 CFR 478.11
(definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two
States may, during the period of time the person actually resides in a particular State,
purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and
Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held
that, during the time college students actually reside in a college dormitory or at an off-
campus location, they are considered residents of the State where the on-campus or off-
campus housing is located.
Click to expand...
This is correct.

In Florida, if you own an abode in Florida, any Florida 01 FFLcan look you up in state-run database and that's all you need. However, unless you also have a FL pistol permit, you will have to wait three days to take the gun home.
 
Last edited:

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