OUT OF STATE GUNS

[vinoman]

I AM A RESIDENT OF MASS WITH LTC HERE AND IN FLA (NON RESIDENT) IF I PURCHASE A NON COMPLIANT PISTOL, LIKE A KIMBER. OR CUSTOM MADE 1911. CAN I BRING IT HOME AND REGISTER IT HERE.

 

[soam]

If you do not have a residence in FL (for example, a vacation home that you own), then you can't have a handgun transferred to you there.

If you do have a residence, then you can indeed buy a pistol there, bring it home to MA, and do an FA10 registration within 7 days.

 

[vinoman]

I HAVE PROPERTY THERE

 

[soam]

I HAVE PROPERTY THERE

Then yes, you can.

 

[vinoman]

CAN I BUY IN FLA AND TAKE TO MASS.

 

[soam]

CAN I BUY IN FLA AND TAKE TO MASS.

Yes.

 

[MisterHappy]

IANAL

You may not purchase a handgun in a state other than which you reside. Owning property does not make you a resident. You indicate that you have a Florida Non-resident permit. Therefore, I do not believe that an FFL in Florida will sell to you, for you to bring back.

If you have legitimate dual-residence status, that may be a different story, but from what you posted in the OP, I'd say that it's a no-no.

Again, IANAL, and I may have it wrong, but if this were the case, then everybody would buy a piece of "property" in a free state, and not worry about the Mass. issues.

Also, TURN OFF YOUR CAPS LOCK.

 

[allen-1]

IANAL

You may not purchase a handgun in a state other than which you reside. Owning property does not make you a resident. You indicate that you have a Florida Non-resident permit. Therefore, I do not believe that an FFL in Florida will sell to you, for you to bring back.

If you have legitimate dual-residence status, that may be a different story, but from what you posted in the OP, I'd say that it's a no-no.

Again, IANAL, and I may have it wrong, but if this were the case, then everybody would buy a piece of "property" in a free state, and not worry about the Mass. issues.

Also, TURN OFF YOUR CAPS LOCK.

I'm not a lawyer either, but Mister Happy's correct. It's federal law that you cannot directly purchase a handgun in a state other than the state in which you reside. You can buy a handgun in Florida and have it shipped to an FFL in Massachusetts who is then responsible for making sure that it's legal for you to take possession of it. Your Non-Resident Florida permit allows you to CARRY a firearm in Florida. Your ownership of property in Florida as you have stated it here doesn't make you a resident.

 

[knfmn]

As others have stated, ownership of property does not make you a resident per federal law. You have to go to the state in question with "the intent of maintaining a residence there." That could only be for a weekend, but you have to have that intention.
It is very much illegal federally to purchase a handgun across state lines. You could have a Florida FFL ship one to a MA FFL (if you can find one willing to transfer it to you).
What kind of property do you own in FL, approximately? Condo, house, land? That will help others figure things out.
IANAL and this is not legal advice.

 

[Glockster30]

I'm not a lawyer either, but Mister Happy's correct. It's federal law that you cannot directly purchase a handgun in a state other than the state in which you reside. You can buy a handgun in Florida and have it shipped to an FFL in Massachusetts who is then responsible for making sure that it's legal for you to take possession of it. Your Non-Resident Florida permit allows you to CARRY a firearm in Florida. Your ownership of property in Florida as you have stated it here doesn't make you a resident.

One little caveat here. Don't ship it first and then let the MA FFL decide if he will transfer it. Before you have an out of state FFL ship a gun to a MA FFL, make sure the latter will accept it prior to buying it, otherwise, if the MA FFL doesn't accept it, then you could be stuck with a re-stocking fee as high as 25% of the cost of the gun.

 

[soam]

If he owns property and makes a home there even part time, then according to the ATF he is a resident of Florida while residing there. The most common example is a vacation home.

Here it is straight from the horse's mouth.

https://www.atf.gov/firearms/qa/what-constitutes-residency-state

 

[soam]

So to clarify, if OP owns an actual home that he resides in, and not just an empty parcel of land, then while residing there he is in fact a Florida resident for the purpose of buying a handgun.

 

[dcmdon]

I HAVE PROPERTY THERE

If you have property there, and its a place where you live (as opposed to undeveloped land) for part of the year, then YOU ARE A BONA FIDE RESIDENT OF FLORIDA.

Get rid of that non-resident carry permit and get a resident permit, although its not necessary for purchase.

Once you have that, you CAN buy firearms in FL on your FL permit and then bring them to MA. Don't forget to FA10 them when you arrive.

Don

- - - Updated - - -

So to clarify, if OP owns an actual home that he resides in, and not just an empty parcel of land, then while residing there he is in fact a Florida resident for the purpose of buying a handgun.

Correct.

you can be the resident of 20 states, if you make a home there, even part time.

You can only be domiciled in one state. This is also referred to as a primary residence. Its typically where you have your Drivers License and where you vote.

 

[dcmdon]

IANAL

You may not purchase a handgun in a state other than which you reside. Owning property does not make you a resident. You indicate that you have a Florida Non-resident permit. Therefore, I do not believe that an FFL in Florida will sell to you, for you to bring back.

If you have legitimate dual-residence status, that may be a different story, but from what you posted in the OP, I'd say that it's a no-no.

Again, IANAL, and I may have it wrong, but if this were the case, then everybody would buy a piece of "property" in a free state, and not worry about the Mass. issues.

Also, TURN OFF YOUR CAPS LOCK.

This is mostly wrong. If he has property where he makes a home. He is a resident. This is not grey. Its pure white.

He can buy a firearm now. Since FL doesn't require you to have a carry permit to buy firearms. Although switching that non-res to a res would make things cleaner.

If he doesn't have a resident license, he will have to use a tax bill or other government documentation to prove residence. Which is again 100% ok with the ATF (google form 4473 and look at the instructions for questions 3 and 20). But some dealers will give you trouble.

Don

 

[drgrant]

I AM A RESIDENT OF MASS WITH LTC HERE AND IN FLA (NON RESIDENT) IF I PURCHASE A NON COMPLIANT PISTOL, LIKE A KIMBER. OR CUSTOM MADE 1911. CAN I BRING IT HOME AND REGISTER IT HERE.

Gordon, is that you?

 

[Len-2A Training]

This is mostly wrong. If he has property where he makes a home. He is a resident. This is not grey. Its pure white.

He can buy a firearm now. Since FL doesn't require you to have a carry permit to buy firearms. Although switching that non-res to a res would make things cleaner.

If he doesn't have a resident license, he will have to use a tax bill or other government documentation to prove residence. Which is again 100% ok with the ATF (google form 4473 and look at the instructions for questions 3 and 20). But some dealers will give you trouble.

Don

FL does not differentiate between resident and NR licenses, they are one and the same. If I moved to FL tomorrow (heaven forbid) a mere notification is all that is required and the license does not change.

FL also hasn't printed addresses on their gun licenses in many years, so it is of no proof of residency. Typically people use DL or some other form of proof as requested by the FFL.

 

[s8200]

Once you have that, you CAN buy firearms in FL on your FL permit and then bring them to MA. Don't forget to FA10 them when you arrive.

Wouldn't they be fa10-exempt since they aren't going to a new owner?

 

[soam]

Wouldn't they be fa10-exempt since they aren't going to a new owner?

MGL chapter 140 section 128B says you do.

Any resident of the commonwealth who purchases or obtains a firearm, rifle or shotgun or machine gun from any source within or without the commonwealth, other than from a licensee under section one hundred and twenty-two or a person authorized to sell firearms under section one hundred and twenty-eight A, and any nonresident of the commonwealth who purchases or obtains a firearm, rifle, shotgun or machine gun from any source within or without the commonwealth, other than such a licensee or person, and receives such firearm, rifle, shotgun or machine gun, within the commonwealth shall within seven days after receiving such firearm, rifle, shotgun or machine gun, report, in writing, to the commissioner of the department of criminal justice information services the name and address of the seller or donor and the buyer or donee, together with a complete description of the firearm, rifle, shotgun or machine gun, including the caliber, make and serial number.

 

[bostonasphalt2]

Wouldn't they be fa10-exempt since they aren't going to a new owner?

no, they are not FA-10 exempt

- - - Updated - - -

So to clarify, if OP owns an actual home that he resides in, and not just an empty parcel of land, then while residing there he is in fact a Florida resident for the purpose of buying a handgun.

This plus what dcmdon and LenS said. All the others have spewed bad information

 

[MisterHappy]

This is mostly wrong. If he has property where he makes a home. He is a resident. This is not grey. Its pure white.

He can buy a firearm now. Since FL doesn't require you to have a carry permit to buy firearms. Although switching that non-res to a res would make things cleaner.

If he doesn't have a resident license, he will have to use a tax bill or other government documentation to prove residence. Which is again 100% ok with the ATF (google form 4473 and look at the instructions for questions 3 and 20). But some dealers will give you trouble.

Don

Thanks for the clarification.

My issue was that the OP said, "property", not "a vacation home". I understand that different states have different requirements for purchase. If a tax bill is sufficient, cool for him. But a tax bill does not necessarily prove "residence".

I had undeveloped land in NH - would that have allowed me to get a handgun at a NH FFL?

 

[Len-2A Training]

I had undeveloped land in NH - would that have allowed me to get a handgun at a NH FFL?

Not legally and that would be a Federal issue.

 

[browncoat]

Thanks for the clarification.

My issue was that the OP said, "property", not "a vacation home". I understand that different states have different requirements for purchase. If a tax bill is sufficient, cool for him. But a tax bill does not necessarily prove "residence".

I had undeveloped land in NH - would that have allowed me to get a handgun at a NH FFL?

Just put a cheap rv on it, stay there. Boom, residence.

 

[Bonesinium]

So to clarify, if OP owns an actual home that he resides in, and not just an empty parcel of land, then while residing there he is in fact a Florida resident for the purpose of buying a handgun.

This right here.

I had undeveloped land in NH - would that have allowed me to get a handgun at a NH FFL?

Only if you are in fact living on that land at the time you go to the NH FFL to get a handgun.

Just put a cheap rv on it, stay there. Boom, residence.

Yes, with the staying there part being key. Cheap RV and not residing there you have violated unconstitutional regulations that can put you in prison anyways.

The whole "can only buy a handgun in your home state" garbage is facially unconstitutional and quite honestly, stupid and pointless. It serves no valid function. Constitution aside, what is the logic behind it?

 

[s8200]

no, they are not FA-10 exempt

Then how is it that 'new' residents don't have to register anything?

 

[browncoat]

Then how is it that 'new' residents don't have to register anything?

Because the law doesn't say they need to.

 

[browncoat]

Because the law doesn't say they need to.

In particular, a new resident has no LTC to do the FA10 with

 

[Len-2A Training]

In particular, a new resident has no LTC to do the FA10 with

Ding, ding, ding! We have a winner here.

MGL says you must register guns within 7 days, but since it takes weeks/months to get your LTC when you move in, you can't possibly comply and thus they made the exemption for new residents who move in with their guns.

 

[exo]

OP should also keep in mind that even though they can legally purchase a handgun (or long gun) in FL, post-ban standard capacity (>10 round) magazines are verboten in MA unless they are LEO.

So leave those mags in FL. Or don't, but be aware of the choice and the consequences that may arise if caught.

 

[MisterHappy]

Not legally and that would be a Federal issue.

That was my point - there's a difference between owning property and having a residence. In the OP, that was not clear. Since the OP made it clear he had a NON-resident FL permit....

 

[exo]

That was my point - there's a difference between owning property and having a residence. In the OP, that was not clear. Since the OP made it clear he had a NON-resident FL permit....

As LenS pointed out, the only difference between a FL resident and non-resident CCW license is the address they have on file. FL doesn't care where you live, just that you meet their statutory requirements for issuance. But it would behoove the OP to file a change of address with FL for his CCW license.