Questions about Non-Resident FID/LTC

[jf42]

I have a few questions regarding the laws surrounding the non-resident FID. I would appreciate any help or advice.
My situation is the following:

I am a US Citizen studying abroad in Europe. My family lives in Boston and I visit them regularly over Christmas break. I am currently looking for an option that would allow me to purchase a long rifle in order to hunt while I am in Boston over break (I already have a Hunter's education certificate). As I understand it, I can't apply for a regular FID because I am not a resident.

Can I apply for the non-resident FID/LTC in my situation?
What exactly are the rules surrounding the non-resident FID/LTC? Does it work the same as the regular one?

Thanks!

 

[Mesatchornug]

I have a few questions regarding the laws surrounding the non-resident FID. I would appreciate any help or advice.
My situation is the following:

I am a US Citizen studying abroad in Europe. My family lives in Boston and I visit them regularly over Christmas break. I am currently looking for an option that would allow me to purchase a long rifle in order to hunt while I am in Boston over break (I already have a Hunter's education certificate). As I understand it, I can't apply for a regular FID because I am not a resident.

Can I apply for the non-resident FID/LTC in my situation?
What exactly are the rules surrounding the non-resident FID/LTC? Does it work the same as the regular one?

Thanks!

First, hunt what and where? (E.g., Deer can't be hunted with rifles in MA)

Second, you might look at the abstracts for info pertaining to non-resident hunters.

Third, you might consider using a ML, rather than a modern firearm, to obviate this entire discussion.

Fourth, your LTC will never come through in time for this year's season.

Fifth, depending what you mean by "my family lives in Boston," you may qualify for resident licensing...

 

[42!]

You can't buy firearms on a non-res in MA.

 

[Mesatchornug]

You can't buy firearms on a non-res in MA.

That seems like the least hurdle (but in NH, borrow from family, etc) but is a good point to consider.

 

[appraiser]

hunting in Boston

reminds me of the old joke about hunting cans

a joke that is no longer PC unfortunately

 

[Len-2A Training]

I have a few questions regarding the laws surrounding the non-resident FID. I would appreciate any help or advice.
My situation is the following:

I am a US Citizen studying abroad in Europe. My family lives in Boston and I visit them regularly over Christmas break. I am currently looking for an option that would allow me to purchase a long rifle in order to hunt while I am in Boston over break (I already have a Hunter's education certificate). As I understand it, I can't apply for a regular FID because I am not a resident.

Can I apply for the non-resident FID/LTC in my situation?
What exactly are the rules surrounding the non-resident FID/LTC? Does it work the same as the regular one?

Thanks!

There is no such thing as a NR FID. A NR LTC will take you 3-5 months to obtain and requires an interview in Chelsea before they will process your application. It is $100 and only good for one year, rinse and repeat (other than your copy of a MA Hunter Ed Cert . . . no other state's hunter ed cert counts).

Being away at school does not make you a NR. Do you vote in MA (even absentee ballot)? Did you maintain a MA DL? Do you consider your Parent's home as your home when not in school? If the answer to all these is yes, then you are still a legal resident of MA. Resident application is with your local police chief and will likely take 2-4 months to obtain, may or may not require an interview. I wouldn't mention that you are attending school in Europe or s/he may deny you as ineligible . . . chiefs oftentimes make up rules/laws that don't exist.

 

[jf42]

There is no such thing as a NR FID. A NR LTC will take you 3-5 months to obtain and requires an interview in Chelsea before they will process your application. It is $100 and only good for one year, rinse and repeat (other than your copy of a MA Hunter Ed Cert . . . no other state's hunter ed cert counts).

Being away at school does not make you a NR. Do you vote in MA (even absentee ballot)? Did you maintain a MA DL? Do you consider your Parent's home as your home when not in school? If the answer to all these is yes, then you are still a legal resident of MA. Resident application is with your local police chief and will likely take 2-4 months to obtain, may or may not require an interview. I wouldn't mention that you are attending school in Europe or s/he may deny you as ineligible . . . chiefs oftentimes make up rules/laws that don't exist.

Thanks for your advice.

I do vote in MA and spend the summers and Christmas break there. But it does seem very easy for the police chief to deny the application based on not being a full-time resident.

Other users have suggested using a Muzzleloader as opposed to a rifle, however those (inlines) need 209 shotgun primers, which are legally ammo components and require an FID to purchase and possess. Does anyone here have experience with the legality of this? Using a muzzleloader is a good alternative in case the FID is denyed, as long as it's legal to do so.

 

[Rob Boudrie]

You can't buy firearms or ammunition on a non-res in MA.

EI4U

I do vote in MA and spend the summers and Christmas break there. But it does seem very easy for the police chief to deny the application based on not being a full-time resident.

If you vote in MA you are either a legal resident of MA or, by definition a criminal in violation of voting laws.

One of the things PDs often check is voting registration records (I got "you're not even registered vote here" when dealing with a licensing issue a couple weeks after moving to my current tow; a copy of my house closing statement quickly resolved that issue favorably).

But, only Suzanned Bump could explain if you need your "primary residence" or "principle residence" to be in MA.

 

[Mesatchornug]

Thanks for your advice.

I do vote in MA and spend the summers and Christmas break there. But it does seem very easy for the police chief to deny the application based on not being a full-time resident.

Other users have suggested using a Muzzleloader as opposed to a rifle, however those (inlines) need 209 shotgun primers, which are legally ammo components and require an FID to purchase and possess. Does anyone here have experience with the legality of this? Using a muzzleloader is a good alternative in case the FID is denyed, as long as it's legal to do so.

You don't have to be a "full time" resident. The feds recognize multiple residences for the purpose of firearms licensing, and MA must as well.

Again, if you're planning to hunt deer (or waterfowl) in MA, the only firearm you can use is shotgun, not rifle. If you're planning to hunt "during Christmas break" you cannot hunt deer in MA, except with ML. Also, assuming you're over 21, you want the LTC, not the FID.

Further - what's your plan with the firearm when you're not in the state? Is there anyone in your household who is licensed? Is there anyone in your household who is a hunter? When/where/how will you practice between seasons?

 

[RKG]

At the risk of violating my rule against using the Internet for legal advice, Messrs. Segal and Boudrie are correct (as usual). Mr. Mesachornug is not: the Massachusetts term of "resident" is the equivalent of "domiciliary," and you can only have one state domicile at a time. As a general rule, spending time outside one's state of residence as a student does not change one's residence to the state in which the school is located unless you have a present intention to remain in the school state for the indefinite future (i.e., once you have finished schooling). This is true in essentially all of the states, as well as for, most purposes, federal law. The concept of "dual residence" referred to applies only to the application of "resident" in the transfer provisions of the Gun Control Act, and exists per BATFE regulations and only for that purpose.

All of that said, the only way to get a legal opinion is to consult an attorney, answer all of his or her questions, and get the opinion in writing.

 

[Mesatchornug]

Mr. Mesachornug is not: the Massachusetts term of "resident" is the equivalent of "domiciliary," and you can only have one state domicile at a time.

It sounds like you're admittedly more qualified to comment here, and I'm sure I've used terminology incorrectly, for which I apologize. Please help me understand what I'm missing, if you can?

We have countless threads on here about folks maintaining multiple resident LTCs - including in MA - based on the fact that you can be a part time resident in multiple states and still qualify as resident in those states.

The rest, I'd agree, basically moots the point, for the OP, so it's probably mostly academic.

 

[Rob Boudrie]

At the risk of violating my rule against using the Internet for legal advice, Messrs. Segal and Boudrie are correct (as usual). Mr. Mesachornug is not: the Massachusetts term of "resident" is the equivalent of "domiciliary," and you can only have one state domicile at a time. As a general rule, spending time outside one's state of residence as a student does not change one's residence to the state in which the school is located unless you have a present intention to remain in the school state for the indefinite future (i.e., once you have finished schooling). This is true in essentially all of the states, as well as for, most purposes, federal law. The concept of "dual residence" referred to applies only to the application of "resident" in the transfer provisions of the Gun Control Act, and exists per BATFE regulations and only for that purpose.

All of that said, the only way to get a legal opinion is to consult an attorney, answer all of his or her questions, and get the opinion in writing.

A bit off topic, but this has been subject to extensive litigation in college towns and cities that do not want students voting on things like property tax policy. The need for "intent to remain" has been fought in court, and is not universally applied.

 

[RKG]

A bit off topic, but this has been subject to extensive litigation in college towns and cities that do not want students voting on things like property tax policy. The need for "intent to remain" has been fought in court, and is not universally applied.

True, but a list of incorrect decisions -- and worse, statutes that intend one thing but use a different and less well defined term -- doesn't help making the law any clearer. And the worst example of this is colleges that encourage their students to vote in local elections in order to prevail on political questions with which the college agrees. On the other hand, this messy state of affairs keeps my professional brethren gainfully employed. Well, maybe "gainfully" goes too far.