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Moving out of state and returning.

Republic of Mass

Republic of Mass

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I have the opertunity to move to RI for a few months, and return.

Actualy, that will probably be the case, but will be returning to the same residence in a few months.

Now, heres the deal. I will be leaving my firearms in the possession of another Mass Class-A LTC'er.

In RI, all I need is a blue-card to purchase a handgun, which I actualy already have.

I wasnt planning on changing my legal address to RI, since I will be going back, and save me months of waiting for a new Class-A LTC.

If I were to bring firearms back with me, wouldnt they want to know why my residence was never changed and why I have a Class A LTC if im moving in?

Suggestions?


(yea, im thinking HK :D)
 
Republic of Mass said:
If I were to bring firearms back with me, wouldnt they want to know why my residence was never changed and why I have a Class A LTC if im moving in?
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I'm not a lawyer and I don't play one on TV, however, your move is only temporary and your not changing your legal residence. As far as buying guns go - long arms shouldn't be any problem. Hand guns on the other hand....

Len? Jesse?
 
That would seem to be an instance of dual residency, as recognized by BATFE. Apply for a resident license in RI when you move, and but whatever you can afford, then bring it back with you when you return. You'll have to file FA-10's on everything (registration only), but since you never gave up your Mass residency no license issues.

I'm sure that people on the list could give you a long list of guns that aren't available for purchase here, but which you'll probably love. In in the possible but unforseen case that you decided you didn't want to keep all of them, they'd be more than willing to buy them from you when you've returned to the People's Republic. The names Kimber and Ed Brown come to mind in addition to H&K.

Ken
 
Ken has it covered nicely, ASSUMING that you'll qualify under the Fed BATF definition of "dual residency". I don't feel qualified to respond to the Fed issue.

State issue for MA is NO info on gun source, only gun info and your info when you return to MA with the guns on FA-10s as "registration". That's it on state issue.
 
LenS said:
Ken has it covered nicely, ASSUMING that you'll qualify under the Fed BATF definition of "dual residency". I don't feel qualified to respond to the Fed issue.

State issue for MA is NO info on gun source, only gun info and your info when you return to MA with the guns on FA-10s as "registration". That's it on state issue.
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Where can I get info on BATF dual residency? I searched their site with no luck. Thanks Lens
 
Here's the entirety of what they provide on residency in their "Federal Firearms Regulations Reference Guide", available on-line at http://www.atf.treas.gov/pub/fire-explo_pub/2000_ref.htm.

From the Q&A Section:
(B12) What constitutes residency in a State?
The State of residence is the State in which an individual is present with the 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 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, “Sale of Firearms to Aliens in the United States”, under Items of Interest).
[18 U.S.C. 921(b) and 922(b)(3), 27 CFR 178.11]

(B13) May a person 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. But simply owning property in another State does not qualify the person to purchase a handgun in that State.
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Here's the relevant part of the CFR cited above:
State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual’s State of residence is the State in which his or her permanent duty station is located . An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:
Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.
Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.
Example 3. A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.
Click to expand...
 
Republic of Mass said:
What if I personaly dont own the property in the 2nd state, it is owned by immediate family (parents)?
Click to expand...

"Maintain a home" is different than "own property". Ownership of property doesn't automatically mean you've maintained a home. And you don't have to own property to "maintain a home".

I'd make sure I could show proof of rental of the room or house, though. That should be fairly easy to do.

Here's the key piece:
An individual resides in a State if he or she is present in a State with the intention of making a home in that State.
Click to expand...
This is from Ken's post. It originally came from the BATFE.
 
OK, so how do you buy a firearm in the other state if your license is still MA?

What would one need? Say my license says that I live in MA. But my primary residence is really in RI? Yet, I do go back to my house in MA sometime to stay for a week or so every month?

I can explain more but this is my brother in law that I'm talking about.

What would he need to do in order to purchace in RI?
 
Forget about your Massachusetts license (LTC or drivers license); they're both simply distractions. You're living in Rhode Island. Get a rent receipt from your family with whom you're staying. Apply for a resident CCW license from the local PD. While the AG "may" issue a license to either a resident or non-resident (but rarely if ever does),
the licensing authorities of any city or town shall issue a license or permit to the person to carry concealed upon his or her person a pistol or revolver everywhere within this state for four (4) years from date of issue, if it appears that the applicant has good reason to fear an injury to his or her person or property or has any other proper reason for carrying a pistol or revolver, and that he or she is a suitable person to be licensed.
Click to expand...

In practice, I understand some police still drag their heels, but they've been dragged into court and ordered to accept applications and process them fairly and objectively. I seems to depend on where you're living. (Pretty much like here, except we don't even have the "shall" part.) Then with your RI resident license, buy whatever you can afford. See http://www.packing.org or http://www.cralri.com for more details.
 
OK, I'll let him know.

Here's the thing, and it doesn't sound like it would happen because of time. He doesn't have a LTC in MA. But, he's been called on active duty and moved to RI because that's what they can afford. But, because he's on active duty, he didn't change his drivers license.

Right now he's working Forced Protection on the Cape, but he's being deployed to Iraq in August. He want's to get a 1911 before he goes.

I've never looked into this dual residancy because I never even thought too. But he can do it because he rents in RI, but his DL says MA. Correct? He's got a rental aggrement, and bills with the address going back to the start of the winter.

So, if I get this correct, he can just go over to the Cumberland police and request for a RI blue card, or whatever it's called? I'll check RI on packing.org. But that's it? Will him being Active Military have any pull with getting one in RI?

And, I just find this interesting as well. But if he would be able to do this, it would nice for him. I know that he's been wanting to do it. He just hasn't had time to take a class for his MA LTC because he's been called to Active for about two years and they have been keeping him busy. Hell, I don't really see him anymore.
 
I am NOT as knowledgeable about military as I am about civilian issues on gun ownership, but there ARE specific parts of the laws in MA, BATFE Regs and presumably RI law that are likely to help him in this case.

So yes, with his military orders and rent receipts he should qualify for a RI CCW as a RESIDENT. It is not a cake walk however, they require a very specific qualification shooting course, etc. to get a RI CCW. Go to RI's website from www.packing.org to get the straight scoop. It sounds like he may just barely get the RI permit before he has to leave for Iraq!

Thank him for me for serving our Country and tell him to stay safe!!
 
From an NRA-ILA handout I picked up dated 1/05:

I'm sure there is more to it than this, but this is what I get from the table in the handout.
- RI has 7 day waiting period on all purchases.
- Handgun purchases require a "proof of safety training for purchase". It is a state issued handgun safety card. I think this is their CCW, but I'm not certain.
- Discretionary CCW issuance by local chief.
- All sales are registered with the state.

Strongly suggest looking at RI laws for precise info.
 
And I did, but I couldn't make heads or tails of it.

http://www.rilin.state.ri.us/Statutes/TITLE11/11-47/11-47-35.HTM

It looks like they have the 7 day waiting period. And it looks like active Military won't need the qual.

But it doesn't say or I'm missing it that he will need to go and get a permit or card from the local PD in order to purchase in RI.

But what I'm gathering he can show the local PD something that shows residancy, his military ID and get his state issued handgun safety card.

Then go to the Store, pick out his 1911 and wait for a week. Not too bad if that's all it is.

I think that I should have him call his local PD there in Cumberland and see what he will have to do. I just would like to see him prepared somewhat before he fcalls down.

But I really thank you for your help with this.[/url]
 
Well, I qualified. Today I got a RI Resident ID from the state, and applied for my "blue card" (license to own (not carry, thats next) ) , so, within a few weeks, I should be the proud owner of a nice brand new G-Lock.... :D
 
Republic of Mass said:
Well, I qualified. Today I got a RI Resident ID from the state, and applied for my "blue card" (license to own (not carry, thats next) ) , so, within a few weeks, I should be the proud owner of a nice brand new G-Lock.... :D
Click to expand...

That a boy!
 
I see an HK in your future. :)

Last week I was informally offered a job at my employer's Austin, Texas office. I'm ready to go, NOW, but I'm going to have to sell my wife and kids on the idea. Damn but it would be nice to live in a gun friendly state. And you can bet that if I ever returned to Mass I'd be loaded up with firearms that our AG would disapprove of. ;)
 
Marcus in the Darkus said:
I see an HK in your future. :)

Last week I was informally offered a job at my employer's Austin, Texas office. I'm ready to go, NOW, but I'm going to have to sell my wife and kids on the idea. Damn but it would be nice to live in a gun friendly state. And you can bet that if I ever returned to Mass I'd be loaded up with firearms that our AG would disapprove of. ;)
Click to expand...

Mark - how much you selling the wife and kids for? I know this guy in Tijuana, see, and...

[wink]
 
Posted: Thu Jun 23, 2005 4:47 pm Post subject:

--------------------------------------------------------------------------------

anybody want any never fired, carried once glocks, HKs, or whatnot?

Jk...

thought i'de tease
___________________________________________________


response for board: According to the BATF that may or may not constitute a straw purchase.

response/email sent to ROM: YES PLEASE! I would like 3, no!, I mean 4 of everything!!!! Hell! I'll give you a blank check and you can fill up the UHaul!
 
boston_007 said:
Posted: Thu Jun 23, 2005 4:47 pm Post subject:

--------------------------------------------------------------------------------

anybody want any never fired, carried once glocks, HKs, or whatnot?

Jk...

thought i'de tease
___________________________________________________


response for board: According to the BATF that may or may not constitute a straw purchase.

response/email sent to ROM: YES PLEASE! I would like 3, no!, I mean 4 of everything!!!! Hell! I'll give you a blank check and you can fill up the UHaul!
Click to expand...


There will be none of it. all i need is ma to look and see i have dual residence and yank my class A ALP and say "get a non resident when you get a ri resident"...

Though, Im sure I will legitimatetly purchase a few firearms in RI that I can not get from MA dealers, and will eventualy want to sell / trade them because like cars, they arent all for me, and i'll get sick of them.
You can bet your first-born-child that these firearms will be sold to MA residents (and without scalping)... anything to help a fellow Mass-hole :D
 
" and will eventualy want to sell / trade them because like cars" (ROM)
_____________________________________________________


So there I was, hanging out with my new best friend Republic of Mass........ Did I ever show you my "Muscle Car Collection"? ......hehe ;)
 
boston_007 said:
" and will eventualy want to sell / trade them because like cars" (ROM)
_____________________________________________________


So there I was, hanging out with my new best friend Republic of Mass........ Did I ever show you my "Muscle Car Collection"? ......hehe ;)
Click to expand...

Im thinking a nice USP Tac. will be an even trade for one of your prized possesoins :D
 

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