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Question please NH gun law

Oldarmy

Oldarmy

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I should probably know this but I'm not positive and don't want to give bogus info. I have a couple of neighbors, father and son. The father is a Ma. resident [sad] and son is Connecticut resident even [sad] 'er. The old man wants to buy a rifle .22 to plink with up here in NH. They own an old farm, had it for 40 years and have many acres up the road from me. I got them, especially the father back into shooting last summer. They are here several times a year and would leave the rifle here and not remove it out of state. Neither has a license in their home state. So is this doable in NH?
 
Oldarmy said:
I should probably know this but I'm not positive and don't want to give bogus info. I have a couple of neighbors, father and son. The father is a Ma. resident [sad] and son is Connecticut resident even [sad] 'er. The old man wants to buy a rifle .22 to plink with up here in NH. They own an old farm, had it for 40 years and have many acres up the road from me. I got them, especially the father back into shooting last summer. They are here several times a year and would leave the rifle here and not remove it out of state. Neither has a license in their home state. So is this doable in NH?
Click to expand...

Do you need a license to buy a .22 in CT? If not, have the son buy the rifle and bring it to their property in NH.
 
As part year residents doesn't the ATF say they can buy in NH during that part of the year that they reside there? Also if it's legal in CT then the son should be able to buy the .22 in NH as it's a long gun.
 
If they do in fact have a home in NH, then while they are present in NH they are residents of NH for the purposes of the Gun Control Act. This means they can buy firearms (including handguns!) at a NH FFL just like any other NH resident.

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

They will just need to bring some additional documentation so the FFL can verify this (e.g. a tax bill for their property in NH). Details on what documentation is acceptable can be found here: https://www.atf.gov/file/55496/download
 
Oldarmy said:
Son has no license in CT. They want to buy it here and leave it here. It will never leave the state.
Click to expand...

My question is, does CT have a license requirement to buy a .22 rifle? If not, he can just buy it and bring it to NH.
 
edmorseiii said:
My question is, does CT have a license requirement to buy a .22 rifle? If not, he can just buy it and bring it to NH.
Click to expand...

I have no idea about that but being CT. I would think so. Thing is they are here now. Dad and he have been here for a couple of months because of some contractors working on the dad's place in Ma.
 
If neither is a legit part-time NH resident: Well no FFL can transfer them the gun (fed law) unless it's legal for them to buy it from an FFL in their home state. That said, if one of them can buy it from an FFL in their home state, then that person can also buy it from an FFL in NH. They can certainly leave it here.

Switch to CT law forum to find out if a person needs to be licensed in CT to buy a .22 rifle or if CT somehow forbids direct FFL-resident xfer out of state (ISTR there's a state or two that do, and the fed law accommodates that).

As said above, if either is a legit part-time NH resident, then I am pretty sure they can just buy it here.
 
strangenh said:
If neither is a legit part-time NH resident: Well no FFL can transfer them the gun (fed law) unless it's legal for them to buy it from an FFL in their home state. That said, if one of them can buy it from an FFL in their home state, then that person can also buy it from an FFL in NH. They can certainly leave it here.

Switch to CT law forum to find out if a person needs to be licensed in CT to buy a .22 rifle or if CT somehow forbids direct FFL-resident xfer out of state (ISTR there's a state or two that do, and the fed law accommodates that).

As said above, if either is a legit part-time NH resident, then I am pretty sure they can just buy it here.
Click to expand...



If he owns a multiple acre farm in NH then I would call him a part time resident.
 
bigblue said:
If he owns a 40 acre farm in NH then I would call him a part time resident.
Click to expand...

Residence requires, you know, residing someplace. Not just owning. :) Facts matter. They may well be part-time residents. They might also just own some property with a structure on it.
 
bigblue said:
Who cares, they can buy it in NH with as little as a utility bill.
Click to expand...

Tiny nitpick: only if the utility bill is issued by a government entity (specifically it must be "made or issued by or under the authority of the United States Government, a State, political subdivision of a State")

EDITED TO ADD: More details about what combinations of documents can be used here: https://www.atf.gov/file/83651/download
 
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The situation is that they use the place as a summer/getaway home. They are here at random times during the year for days, weeks, or currently have been here for a couple of months. So I don't know if that constitutes part time resident status. I thought they could just go to a gun shop and buy a rifle with a background check and cash. Then just keep the gun stored at the house in NH. They have no desire to get involved in Ma. or CT. gun law bullshit. Just want a .22 to shoot when visiting here. So I guess the short answer is no ? The old guy is in his 80's and not going to apply for anything in Ma. Son is not inclined either in CT.
 
Oldarmy said:
The situation is that they use the place as a summer/getaway home. They are here at random times during the year for days, weeks, or currently have been here for a couple of months. So I don't know if that constitutes part time resident status. I thought they could just go to a gun shop and buy a rifle with a background check and cash. Then just keep the gun stored at the house in NH. They have no desire to get involved in Ma. or CT. gun law bullshit. Just want a .22 to shoot when visiting here. So I guess the short answer is no ? The old guy is in his 80's and not going to apply for anything in Ma. Son is not inclined either in CT.
Click to expand...

If they are PT residents, which I'm not going to Internet Judge Decide for them, then they can buy from a NH dealer just fine.

If they're not PT residents, then the only remaining question is whether the son, as a CT resident, could buy a .22 rifle in CT without a special license. If he can (and CT doesn't have some creepy 'you can't buy out of state' law), then he can do so here.

ETA: CT does seem to require a special permit to buy a long gun (a long gun eligibility certificate), so it's either they are PT residents or no-go.
 
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Where does he get his utility bills mailed to? If NH it only solidifies being a NH resident be it full time or part time. Same thing with the property tax bill.
 
Asaltweapon said:
Where does he get his utility bills mailed to? If NH it only solidifies being a NH resident be it full time or part time. Same thing with the property tax bill.
Click to expand...

Florida snow birds qualify as part time residents; why wouldn't a guy who makes his home in NH for a couple months a year? It's all in how you phrase it and approach it.
 
Guys, it's really not that complicated. Just read the links I posted in my prior posts in this thread, they explain everything you need to know.

Do they have a home in NH?
Do they reside there at some point during the year?

If so, then while they are in NH, they are NH residents. Done. End of story. The rest is just paperwork to prove it.
 
mlaboss said:
Guys, it's really not that complicated. Just read the links I posted in my prior posts in this thread, they explain everything you need to know.

Do they have a home in NH?
Do they reside there at some point during the year?

If so, then while they are in NH, they are NH residents. Done. End of story. The rest is just paperwork to prove it.
Click to expand...

Agreed.

I can't believe some of the mis-information above . . . well, yes I can, sadly.
 
I don't want to beat this to death, but... If I own homes in NH & MA, can I show my MA drivers license & a tax bill showing NH residence to the NH dealer? I'm seeing a gov issued photo ID w/ DOB, in conjunction with another form of proof of residence is required. It seems like they would conflict.
Thanks and sorry. [grin]
 
Canndo said:
I don't want to beat this to death, but... If I own homes in NH & MA, can I show my MA drivers license & a tax bill showing NH residence to the NH dealer? I'm seeing a gov issued photo ID w/ DOB, in conjunction with another form of proof of residence is required. It seems like they would conflict.
Thanks and sorry. [grin]
Click to expand...

The biggest answer is to talk to the FFL you'll be buying from. You have to meet his requirements to prove proof of residency. It could be a tax bill, a utility bill, or some other random document that makes him believe you truly "make a home" in NH (or whatever Non-MA state). But yes, your MA DL to establish identity and your supporting documentation to prove residency.
 
Canndo said:
I don't want to beat this to death, but... If I own homes in NH & MA, can I show my MA drivers license & a tax bill showing NH residence to the NH dealer? I'm seeing a gov issued photo ID w/ DOB, in conjunction with another form of proof of residence is required. It seems like they would conflict.
Thanks and sorry. [grin]
Click to expand...

https://www.atf.gov/file/83651/download

Simply put there are two things the dealer has to verify:
1) You are who you say you are
2) You live where you say you live

Suppose you're buying a handgun in NH. You fill out the 4473 with your NH residence address. If you present a MA driver's license to a NH dealer, that satisfies (1) but not (2) since the address on your driver's license doesn't match your stated address on the 4473. You then also present a real estate tax bill for your NH residence. It has your name on it which matches your driver's license, so it can be established that this is your tax bill. The address on it matches the address you provided on the 4473, so it satisfies (2).

Hey presto, the dealer can sell you that handgun!
 
noxin said:
The biggest answer is to talk to the FFL you'll be buying from. You have to meet his requirements to prove proof of residency. It could be a tax bill, a utility bill, or some other random document that makes him believe you truly "make a home" in NH (or whatever Non-MA state). But yes, your MA DL to establish identity and your supporting documentation to prove residency.
Click to expand...

mlaboss said:
https://www.atf.gov/file/83651/download

Simply put there are two things the dealer has to verify:
1) You are who you say you are
2) You live where you say you live

Suppose you're buying a handgun in NH. You fill out the 4473 with your NH residence address. If you present a MA driver's license to a NH dealer, that satisfies (1) but not (2) since the address on your driver's license doesn't match your stated address on the 4473. You then also present a real estate tax bill for your NH residence. It has your name on it which matches your driver's license, so it can be established that this is your tax bill. The address on it matches the address you provided on the 4473, so it satisfies (2).

Hey presto, the dealer can sell you that handgun!
Click to expand...
Very good. Thanks guys
 
Just don't call it a "vacation home"... while can of worms differentiating between "partial residence" and "vacation".
 
mlaboss said:
No...no there isn't a whole can of worms. A "vacation home" is still a "home".

"For Gun Control Act (GCA) purposes, a person is a resident of a State in which he or she is present with the intention of making a home in that State."

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

ATF Rul. 2010-6

"Ownership of a home or land within a given State is not sufficient, by itself, to establish a State of residence. However, ownership of a home or land within a particular State is not required to establish presence and intent to make a home in that State. Furthermore, temporary travel, such as short-term stays, vacations, or other transient acts in a State are not sufficient to establish a State of residence because the individual demonstrates no intention of making a home in that State."
 
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bigblue said:
ATF Rul. 2010-6

"Ownership of a home or land within a given State is not sufficient, by itself, to establish a State of residence. However, ownership of a home or land within a particular State is not required to establish presence andintenttomakeahomeinthatState. Furthermore,temporarytravel,suchasshort-term stays, vacations, or other transient acts in a State are not sufficient to establish a State of residence because the individual demonstrates no intention of making a home in that State."
Click to expand...

Well then, I stand corrected. Thank you for citing a source.
 
mlaboss said:
https://www.atf.gov/file/83651/download

Simply put there are two things the dealer has to verify:
1) You are who you say you are
2) You live where you say you live

Suppose you're buying a handgun in NH. You fill out the 4473 with your NH residence address. If you present a MA driver's license to a NH dealer, that satisfies (1) but not (2) since the address on your driver's license doesn't match your stated address on the 4473. You then also present a real estate tax bill for your NH residence. It has your name on it which matches your driver's license, so it can be established that this is your tax bill. The address on it matches the address you provided on the 4473, so it satisfies (2).

Hey presto, the dealer can sell you that handgun!
Click to expand...

I agree and will give them this information to work from. Thank you
 
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