Maybe I don't have to put up with the MA handgun ban? Question for the lawyers

[GoGreyhounds]

I live in MA during the summer but go to school in MD full time (living OFF-campus), and will be turning 21 soon.

Found this tidbit of information:

Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
Q: 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?
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]

http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency


So legally, when one is at school, he is a resident of that state, and when he is home, he is a resident in that other state? Would he be able to, while away at school, legally purchase a handgun that is not on the MA EOPS list, (e.g., Colt Defender) even if his parents live in MA, his drivers license is from MA, cars registered in MA, etc?

Thanks

 

[GunGrey]

Thats per ATF not the state so you still might be screwed like the rest of us



Also theres no ban just cosumer regulations and other lists. because we all know glocks are dangerous only for civilans, in LE they are the best the market has to offer

you can own that defender but have fun paying out the ass for it if you can find it privately

 

[goofycj7]

If the gun license is cheaper, car insurance is cheaper, why not declare yourself a MD resident? One of my friends did that when he was a cadet at Norwich in VT. His jeep was $300 to insure vs the $900 I was paying, plus the handgun law benefits.
When you graduate then transfer the guns to MA if you come back.

 

[drgrant]

If you can legally claim residency per BATFE standards, yes, you can buy stuff wherever. Just beware that if you bring it back into MA, you have to deal with the AWB and all the other BS we have here. Of course RKG or someone else is going to come along and tell me that BATFE's guidelines for residency are wrong. That's a whole other story......

That said, have fun trying to exploit that without going through all kinds of gymnastics doing so. Good luck claiming residency without swapping your DL. I doubt any dealers down there are going to bite on that.

BTW, MA doesn't have a "handgun ban", as much as the attorney general would want you to believe that.. It's a ban on dealers selling/transferring certain guns... considerably different than a de-facto possession ban. Read the handgun compliance FAQ stickied inside the MA law subforum.

-Mike

 

[Len-2A Training]

Mike,

Remember that he should NOT need to have a DL in order to get a "State ID", so if he can get a state ID where he's at school, he probably would be GTG there. And it doesn't change anything in MA.

Also, just because some police chiefs in MA require you to bring in a birth certificate, DL, car reg, car insurance, bills from 16 different utilities, mortgage papers, lease agreements, voter registration certificate and a letter hand-signed by Mother Theresa attesting to your residence in his town . . . does NOT mean that this is the way things are done in other states.

Don't let MA permeate our brains as "SOP"!

 

[GoGreyhounds]

drgrant and everyone,

Thanks for your reply. I do understand that it is not an outright ban and has to do with the EOPS list and that other law, all regarding FFL sales and not possession. Unfortunately this seems to be the only way I could get my hands on some otherwise perfectly good firearms.

I think I'm going to shoot for a MD ID and see how that goes... Maybe talk to some reputable gun shops first to be sure they would sell to me (legally) before I jumped through all these hoops.

Thanks again

 

[drgrant]

Mike,

Remember that should NOT need to have a DL in order to get a "State ID", so if he can get a state ID where he's at school, he probably would be GTG there. And it doesn't change anything in MA.

Also, just because some police chiefs in MA require you to bring in a birth certificate, DL, car reg, car insurance, bills from 16 different utilities, mortgage papers, lease agreements, voter registration certificate and a letter hand-signed by Mother Theresa attesting to your residence in his town . . . does NOT mean that this is the way things are done in other states.

Don't let MA permeate our brains as "SOP"!

Yeah, that's true enough. He'll still have to prove MD residency to get a state ID, but at least I suppose that won't make him rescind his MA DL in the process.

-Mike

 

[Keystone]

MD has some pretty hefty gun laws, too, might want to look into that before you do things.

 

[GunGrey]

MD has some pretty hefty gun laws, too, might want to look into that before you do things.

but are they as assbackwards as MA laws

Less of two evils

 

[drgrant]

but are they as assbackwards as MA laws

Less of two evils

Only marginally less so. They don't have the handgun compliance BS, but they have a lot of other crap. And not all that long ago the handgun situation was actually WORSE in MD than it was here, because they had that silly locking device requirement and a bunch of other BS.

-Mike

 

[Keystone]

Carry is also severely restricted, and I think they have a just-as-evil-but-a-different-evil list, as well. However, if you have the opportunity to buy some firearms you've always wanted, new...

Just make sure you have your pigs in a row. Or is that ducks in a row? Whatever..

 

[drgrant]

Carry is also severely restricted, and I think they have a just-as-evil-but-a-different-evil list, as well. However, if you have the opportunity to buy some firearms you've always wanted, new...

Just make sure you have your pigs in a row. Or is that ducks in a row? Whatever..

Here's an idea of the garbage they have to sell you with a new handgun in MD.... don't actually have to use it, but IIRC state law forces you to blow the $30 or whatever on these kinds of locks down there...

[video]http://www.omegagunlock.com/autopistolsvideo.htm[/video]

-Mike

 

[vellnueve]

I'm from Maryland originally.

Maryland is a far better state in terms of owning firearms, but is almost impossible to get a carry license. For most people, that's fine, as there is no permit required to purchase or possess a firearm although certain sales (black rifles, handguns) must be cleared by the police (usually same day) before you can take the gun home. No AWB, but 20 round limit on magazines that are transferred within the state (owning 20+ round mags is fine).

 

[C-pher]

Yeah, that's true enough. He'll still have to prove MD residency to get a state ID, but at least I suppose that won't make him rescind his MA DL in the process.

-Mike

Well, this was back around 92 or so. But I kept my DL for TN. I went back to New Orleans for work...but kept my car and DL reg'd in TN. I needed a liquor license in LA in order to Bartend. It's one of those Southern Things...had to have on in TN as well. Anyway, you needed a State ID to get one. As I lived outside of New Orleans, I had bills and a lease that said that I lived there. I just went to the DMV and got a State ID for LA. No questions asked about a DL from another state or anything. So, I now had my TN DL and my LA SID. Not sure if that would have settled for Dual Res, but I'm sure if I had tried, I could have purchaced under the State ID. I knew I could back in TN with the DL.

 

[italianppf2]

I bought a rifle from a dealer in mass and I had a FL DL with a Mass address.
Good luck, it would pretty cool if you were able to purchase something like that.

 

[RKG]

. . .Of course RKG or someone else is going to come along and tell me that BATFE's guidelines for residency are wrong. That's a whole other story.......

-Mike

Who? Me? Nah.