Out of State Purchase

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I just found out that since I own property and live half the year in Florida (mass resident), that I can get a Florida Identification Card. With this, I would be able to purchase a handgun from a FL dealer.

My question is, when I purchase the gun, if I want to bring it to MA at some point in the future, do I need to file any paperwork?
 
Yes, file an FA-10. Leave the post-9/13/94 hi-cap mags back in FL (possession here is a felony).

Welcome to the forum. Look thru the stickies in the Gun Laws forum and you'll learn a lot more about this and other legal "must know to stay out of trouble" topics.
 
Yes, file an FA-10. Leave the post-9/13/94 hi-cap mags back in FL (possession here is a felony).

Welcome to the forum. Look thru the stickies in the Gun Laws forum and you'll learn a lot more about this and other legal "must know to stay out of trouble" topics.


[thinking] Would the gun in question have to be on the approved roster and AG?
 
[thinking] Would the gun in question have to be on the approved roster and AG?

No. The AG/EOPS crap only applies to transactions via MA
dealers, and even then, only to the dealer themselves. In
this case, since you would be importing a gun that you
already own, there is not even a transfer let alone an interaction with an MA dealer.

When filing the FA-10 form, check the REGISTRATION box only.

-Mike
 
Since the prohibition on non-resident handgun purchases arises out of federal law, just be sure that, even though Florida will permit you to purchase a handgun in Florida under Florida law, BATF will recognize you to be a Florida resident for purposes of the Gun Control Act.

(Not to start something, but in general and under the common law, one can be a resident of only one state at a time. I understand that BATF has issued interpretive regulations or comments purporting to recognize dual residency, for GCA purposes, under some circumstances.)
 
If you own property in Florida and live there for half the year, then you're at least as much of a Florida resident as you are a Massachusetts resident. Since BATFE explicitly recognizes dual residency in some cases, it would seem to be next to impossible to argue that yours was not one of them. After all, are you really a Massachusetts resident spending part of the year in Florida, or a Florida resident spending part of the year in Massachusetts.

Ken
 
At least at common law, spending time in a non-domiciliary jurisdiction does not change your domicile to that jurisdiction unless it is coupled with a present intent to remain in that new jurisdiction for the indefinite future. At common law, you could spend 365.25 days a year for four consecutive years in a "foreign" jursidiction without becoming a resident there, if you always intend to return "home" after graduation.

Now the fact of the matter is that the GCA uses the term "resident" (which, amongst the several state of the United States is the same as "domicile"), which either could be an incorporation by reference of the common law concept or could be a concept created by GCA for GCA purposes. I am vaguely aware that BATFE has elected to pursue the latter view, but unless that position is confirmed by the statute (I don't know one way or another) or approved by a Court (ditto), it is uncertain ground.

But my point was not to resolve this issue, only to raise it, pointing out that the State of Florida does not determine whether or not something is permissible under Federal law.
 
I'm unaware of actual case law on this point, and so base my view entirely on BATFE's published regulations and rulings. 27 CFR 478.11 provides the following definition:
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.
...
The following are examples that illustrate this definition:
...
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.
...

There's also a published ATF Ruling (ATF Rul. 80-21) that explicitly interprets this definition of State of Residency to out-of-state college students holding that
... during the time the students actually reside in a college dormitory or at an off-campus location they are considered residents of the State where the dormitory or off-campus home is located. During the time out-of-State college students actually reside in their home State they are considered residents of their home State.

Owning a second home in another state, this is an area where I welcome any and all additional illumination.

Ken
 
I'm unaware of actual case law on this point, and so base my view entirely on BATFE's published regulations and rulings. 27 CFR 478.11 provides the following definition:


There's also a published ATF Ruling (ATF Rul. 80-21) that explicitly interprets this definition of State of Residency to out-of-state college students holding that


Owning a second home in another state, this is an area where I welcome any and all additional illumination.

Ken

Note to be picky, but the quoted "definition" from 27 CFR sec. 478.11 is entirely circular:

"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."

Contextually, BATFE appears to believe that, if a person owns homes in two states, he is a resident of whichever state he is present in, from time to time.

Frankly, GCA could define "residence" for purposes of a non-resident purchase prohibition any what they choose. My primary point is only that whatever Florida might permit does not cover you vis-a-vis the feds; my secondary point is that BATFE's definition of "residence" is flatly at odds with that of the common law.

(Ponder this: I own a boat. The Internal Revenue Service classifies this boat as a "second home," on account of the presence of certain amenities. Does this mean I could stop in a gun store in every state along the ICW and, taking advantage of 27 C.F.R. sec. 478.11, make a "resident" purchase of a handgun?)
 
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