Question on Residency and NFA items

[glide]

Backstory: I own property in NH but have been renting it out for the last few months so I could move to MA for an undetermined duration due to work circumstances.

I purchased an NFA item over a year ago and the stamp just came back.

I still have my NH drivers license, my vehicle is registered there, that is where I vote, and pay taxes, etc...

Any issues with picking the item up and storing it at my NH property? In my eyes I am still a resident of that state but not sure how that is viewed in terms of residency for the purposes of a 4473.

Thanks in advance

 

[drgrant]

IMHO absolutely nothing wrong with that, you got the stamp, the state its located in, it's legal, nothing wrong with that. Your residency is only meaningful "on its edge" (eg, at the time the transaction was initiated) but not WRT actual possession of any firearm.

FWIW though as far as the ATF is concerned residency is even more nebulous than
many state standards. People with property can assert a residency claim anytime they want; there's no real limits hard coded into the law.

-Mike

 

[quinnjalan]

Sounds like you live in NH....right. Works for me, but I’m not a lawyer, nor do I play one on TV, but it sure sounds like you live in NH. I do know if you don’t have an FFL07 SOT you cannot have a suspressor in MA. Just guessing on what you have....

 

[drgrant]

Sounds like you live in NH....right. Works for me, but I’m not a lawyer, nor do I play one on TV, but it sure sounds like you live in NH. I do know if you don’t have an FFL07 SOT you cannot have a suspressor in MA. Just guessing on what you have....

He's not going to bring it into MA though. Probably not now, or ever, if he's got property there. (I wouldn't... hell, I'd have like one gun with me in MA, that'd be it. )

 

[quinnjalan]

He's not going to bring it into MA though. Probably not now, or ever, if he's got property there. (I wouldn't... hell, I'd have like one gun with me in MA, that'd be it. )

I hope that’s the case. If I had a NH address you’d never see me in MA again!

 

[glide]

He's not going to bring it into MA though. Probably not now, or ever, if he's got property there. (I wouldn't... hell, I'd have like one gun with me in MA, that'd be it. )

This is exactly what I do. One pistol and rifle in MA. Everything else stays in NH. Especially the NFA toys.

Thanks for the responses.

 

[MGnoob]

I think your ok, but even if you weren't a trust could addess the issue.

 

[glide]

I think your ok, but even if you weren't a trust could addess the issue.

The items are all purchased through a NFA trust. I am not clear on how that has an impact on residency though.

I still have to personally fill out the 4473.

If it helps, that’s great news.

 

[67ray]

Yes, for the ATF you can keep what you have in the place it is registered provided it is legal to do so at the state level. That place is specified on the Form 4. If you move the item, then you must file a 5320 to record the move with the ATF.

Your residency is what you declare it to be. For NH, one must be in the state (anywhere in NH) at least 180 days per year to be entitled to a driver license/residency.

Not too comfortable with the statement one pistol and one rifle in MA, but that is not this thread. Be careful out there!

 

[Valkyrie 3]

Backstory: I own property in NH but have been renting it out for the last few months so I could move to MA for an undetermined duration due to work circumstances.

I purchased an NFA item over a year ago and the stamp just came back.

I still have my NH drivers license, my vehicle is registered there, that is where I vote, and pay taxes, etc...

Any issues with picking the item up and storing it at my NH property? In my eyes I am still a resident of that state but not sure how that is viewed in terms of residency for the purposes of a 4473.

Thanks in advance

Legally you’re a resident of whatever state your drivers license is from and you can only possess one drivers license at a time. Whatever you’re doing in MA is no ones business unless you decide to get a MA drivers license.

 

[drgrant]

Legally you’re a resident of whatever state your drivers license is from and you can only possess one drivers license at a time. Whatever you’re doing in MA is no ones business unless you decide to get a MA drivers license.

While you can only have one DL at once, that doesn’t determine residency at all. Not to mention residency is contextual depending on who is asking the question... by BATFE standards residency is one thing; By IRS its another set of rules, By MDOR it might be another set entirely. A DL being a sole determinant of residency is just foolish.

 

[glide]

Legally you’re a resident of whatever state your drivers license is from and you can only possess one drivers license at a time.

That’s not true at all.

Whatever you’re doing in MA is no ones business unless you decide to get a MA drivers license.

That is true

 

[Valkyrie 3]

While you can only have one DL at once, that doesn’t determine residency at all. Not to mention residency is contextual depending on who is asking the question... by BATFE standards residency is one thing; By IRS its another set of rules, By MDOR it might be another set entirely. A DL being a sole determinant of residency is just foolish.

Thanks for the info, based on what you’re saying I’m going to try and work an angle with the BATFE and I will be sure to report the outcome to you guys. Wish me luck!