MY wife and I own a vacation house in NH. THe deed is in our name and we pay utilities on the property. I have been at a few NH gun shop which have signs basically stating that if you are a NH property owner, you can buy handguns provided you pass the the background check. IS this accurate? If it is there a bunch of stuff I will be buying next week. I just wont keep it at my house in ma for extended periods. anybody know if this is legite?
-
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.
-
Be sure to enter the NES/MFS May Giveaway ***Canik METE SFX***
MA resident/NH propery owner?
- Thread starter stinx
- Start date
BATFE allows "dual residency". Check their Q&A section (available online).
Bottom line is that if you are "living" there for an extended period, yes you would qualify to buy a handgun there under Fed Law. Amount of time is NOT specified, but if you are there for 2 weeks, it's obvious that it wouldn't fly. If you spent 2-3 months in the Winter there, it would fly.
If an FFL sells a handgun based only on a property tax bill, they (and You) are violating Fed Law and can get jammed up in a very big way.
Bottom line is that if you are "living" there for an extended period, yes you would qualify to buy a handgun there under Fed Law. Amount of time is NOT specified, but if you are there for 2 weeks, it's obvious that it wouldn't fly. If you spent 2-3 months in the Winter there, it would fly.
If an FFL sells a handgun based only on a property tax bill, they (and You) are violating Fed Law and can get jammed up in a very big way.
I'm in the same situation and have been told that a tax bill is all that is needed. It looks as though that isn't the case.
(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]
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]
Thanks for the pointer.
(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]
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]
Thanks for the pointer.
Last edited:
Already answered! See my prior post here.
I do believe that BATFE clarified this a "little" some years back. It might have been one of the BATFE letters . . . I don't recall exactly where I saw it.
Since "words mean things" . . . the term "reside" comes from "residence". One does not "reside" or establish any sort of "residence" by staying over someplace on Friday and Saturday nights (spending Sunday thru Thursday nights in another state). Nor does spending 2 weeks vacation in state A make you a resident.
Be careful, be very careful! The Feds don't mess around and if you get caught "stretching" the ruling, it's a very long vacation at Club Fed (which would qualify you for "residency"![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
even though you'd never be eligible to hold a gun for the rest of your life).
I do believe that BATFE clarified this a "little" some years back. It might have been one of the BATFE letters . . . I don't recall exactly where I saw it.
Since "words mean things" . . . the term "reside" comes from "residence". One does not "reside" or establish any sort of "residence" by staying over someplace on Friday and Saturday nights (spending Sunday thru Thursday nights in another state). Nor does spending 2 weeks vacation in state A make you a resident.
Be careful, be very careful! The Feds don't mess around and if you get caught "stretching" the ruling, it's a very long vacation at Club Fed (which would qualify you for "residency"
even though you'd never be eligible to hold a gun for the rest of your life).
Spend 100 days in a row . . . no problem.
Spend 100 days, 2 days at a time . . . no dice.
Spend 100 days, 2 days at a time . . . no dice.
The reason BATFE doesn't give any simple rule for determining dual residency is that it's not a simple question.
I've got retired friends who spends 3-4 months every summer at their home in Maine, and the rest of the year at their other home in Florida., a classic dual residency example. That's around 100 days each year in Maine. Now how about if instead of Florida their second home were in Massachusetts and they spent every weekend in Maine? It's still about 100 days a year, but most people would say, no, it's not really dual residency. I've got friends who both worked for the feds in DC. They had a condo in DC where they lived during the work week, and a farm 3-4 hours away in Virginia where they spent weekends, holidays and any other time they weren't working. Initially it was exactly the same as the NH/MA scenario. Since they left for VA directly from work on Fridays and only returned Monday mornings, they were actually spending about 2-1/2 days each week in VA. Then their offices went to four day/10 hour schedules. So then they were spending about 3-1/2 days each week in DC and an equal amount in DC. If they weren't dual residents, then where did they reside -- DC or VA?
Some dealers will play loose with it, saying that all you need is a tax or utility bill; others react with the same uninformed paranoia a lot of mail order companies have in dealing with MA, refusing to recognize dual residency under any circumstances.
Ken
I've got retired friends who spends 3-4 months every summer at their home in Maine, and the rest of the year at their other home in Florida., a classic dual residency example. That's around 100 days each year in Maine. Now how about if instead of Florida their second home were in Massachusetts and they spent every weekend in Maine? It's still about 100 days a year, but most people would say, no, it's not really dual residency. I've got friends who both worked for the feds in DC. They had a condo in DC where they lived during the work week, and a farm 3-4 hours away in Virginia where they spent weekends, holidays and any other time they weren't working. Initially it was exactly the same as the NH/MA scenario. Since they left for VA directly from work on Fridays and only returned Monday mornings, they were actually spending about 2-1/2 days each week in VA. Then their offices went to four day/10 hour schedules. So then they were spending about 3-1/2 days each week in DC and an equal amount in DC. If they weren't dual residents, then where did they reside -- DC or VA?
Some dealers will play loose with it, saying that all you need is a tax or utility bill; others react with the same uninformed paranoia a lot of mail order companies have in dealing with MA, refusing to recognize dual residency under any circumstances.
Ken
IANAL but it is my understanding that if you are in a state with the intention of moving there then you are a resident of that state under Title 18 (or something like that) of federal law.
Here is the definition of a NH resident: http://www.gencourt.state.nh.us/rsa/html/XXI/259/259-23.htm
So, if you have a tax bill on a property you own, then you are a resident. There is nothing about number of weekends, etc. It's refreshing that it's really that simple.....
So, if you have a tax bill on a property you own, then you are a resident. There is nothing about number of weekends, etc. It's refreshing that it's really that simple.....
The only hitch is that you cannot claim residency in more than one state.
Domicile'' shall mean a natural person taking up residence in a town or city within the state and includes but is not limited to occupying a primary place of habitation, placing children in a public school within the state, accepting gainful employment, or being a registered voter liable for a resident tax, provided, however, that no person shall be considered to be domiciled in this state who simultaneously claims residence in any other state for any of the purposes indicated above. In the case of other than a natural person, domicile shall also apply in the case of vehicles principally garaged or kept on the premises of a firm or corporation with a place of business within the state.
The way I read it, it you claim to be a resident in MA, you're out of luck.
Domicile'' shall mean a natural person taking up residence in a town or city within the state and includes but is not limited to occupying a primary place of habitation, placing children in a public school within the state, accepting gainful employment, or being a registered voter liable for a resident tax, provided, however, that no person shall be considered to be domiciled in this state who simultaneously claims residence in any other state for any of the purposes indicated above. In the case of other than a natural person, domicile shall also apply in the case of vehicles principally garaged or kept on the premises of a firm or corporation with a place of business within the state.
The way I read it, it you claim to be a resident in MA, you're out of luck.
kevin9
NES Member
??
Here's the content of the URL you posted:
Unless I'm reading this wrong it seems to say that for motor vehicle purposes being a NH resident is more that just having a tax bill for property. It also appears to preclude dual residency.
Also, as Len has pointed out so graciously, when it comes to buying firearms it's the Feds rules that also have to be met, not just your state rules (if any).
Understand that federal firearms law never suggests that a person can be a resident of more than one state simultaneously. Dual residency, for the purposes of purchasing firearms, means that a person is a resident of one state during a particular period of time, and of another during a different period.
Saturday at the Concord gun show, I met a very nice couple who had moved to NH and bought a house a short while ago. They explained that they could NOT get a DL or other NH proof of residency UNTIL they could produce a UTILITY BILL!! The NH powers that be would NOT accept a copy of their DEED to the house. Reason . . . some people may buy property and rent it out, so ownership is no proof of residency! Why the utility bill would be is left as an exercise for the reader! ![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
I'm just the "reporter" here, don't ask me to defend any of those positions!![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
I'm just the "reporter" here, don't ask me to defend any of those positions!
