Storing firearms out of state

[John McDonald]

Hi all,

I was wondering about storage of firearms by a MA resident outside of MA, particularly in the context of the new laws that are under consideration (HD4220). I've been researching this for a couple of days, and while there are some discussions I can't seem to get my head around it. I own a small cabin up in NH, so if MA decides to ban a weapon I currently own, would moving it to my NH cabin solve the problem? Most of the requirements in the new bill are caveated with 'in the commonwealth', so I'm assuming that if the firearm isn't present in the state then I would be legal, even though I still 'own' the firearm.

I realize that any responses aren't legal advice - I'm just looking for impressions.

Thanks

John

 

[Spartan65]

The state of MA has no authority over you outside of the state of MA.

(Ok NH remote workers we know about your state income tax battle)

 

[AMV]

A lot needs to happen before you need to worry about this, the courts are on our side. In the wake of Bruen, things like what mass is proposing mean a lot less now than it would have 5 or 10 years ago.

 

[Asaltweapon]

I wouldn’t pant shit just yet but there is absolutely not a single reason you can’t leave them in NH. In fact if you own the place and have valid proof on any official paperwork you can buy whatever you want up there.

 

[ChevyGuy91]

 

[michaelpelosillc]

Just a thought - it's very easy to get an FFL in New Hampshire and you don't need to deal with all the crap involved with the state if you want to sell retail (just need to worry about zoning). Some storage spaces will allow you to operate an FFL out of them. Don't need to be a NH resident to get an FFL in NH. It's something I was looking into before the Bill which number shall not be named, and have accelerated since. It's not all that hard to get a manufacturing FFL which is a great way to store your stuff. If you own your own cabin, that may make things even easier.

But in general, the state has no say what you do once you leave its confines. Per firearm transfer rules, FFLs are bound to try the best to follow state law for out-of-state long gun transfers, but that's about it.

 

[Knob Creek]

Wasn't there some guy who's Mass License expired and he took the guns out of state and they went after him for them?

 

[allen-1]

Hi all,

I was wondering about storage of firearms by a MA resident outside of MA, particularly in the context of the new laws that are under consideration (HD4220). I've been researching this for a couple of days, and while there are some discussions I can't seem to get my head around it. I own a small cabin up in NH, so if MA decides to ban a weapon I currently own, would moving it to my NH cabin solve the problem? Most of the requirements in the new bill are caveated with 'in the commonwealth', so I'm assuming that if the firearm isn't present in the state then I would be legal, even though I still 'own' the firearm.

I realize that any responses aren't legal advice - I'm just looking for impressions.

Thanks

John

As has been said by others - Massachusetts has no jurisdiction in New Hampshire.

Federal law says that you can transport unloaded, locked up firearms through any state as long as you can legally posess those firearms in the origin and destination. If MA decides to ban certain firearms that you currently legally own - and you can legally own those firearms in NH - then transport them there and continue to own them IN New Hampshire.

The key to the question is "can you own those firearms legally in New Hampshire?"

 

[appraiser]

Bring them on up

 

[John McDonald]

Everyone - thanks for the replies. I realize that the bill has a long way to go, but I wanted to start noodling some options just in case. I appreciate the feedback.

 

[AFAR/PFAR]

Bring them on up

Better yet, just move out of MA.

Quit paying for your oppression.

 

[AFAR/PFAR]

The key to the question is "can you own those firearms legally in New Hampshire?"

If he can own them in MA, then he can certainly own them in NH or any other normal state.

 

[appraiser]

Oppression is right...

I split my time between NH and FL, NH is my legal residence.

The other day, after over 2 months of trying to find a reason to buy out other family members and own the house in Marshfield that has been in the family for 65 years, I decided I could not give up NH for MA, even though it would only be 5 months a year in MA

So chances are this is my last summer in Marshvegas, and owning this house was something I have wanted to do for years.

There were other factors involved like a 200K dollar renovation to build out the unfinished second floor and rehab the first floor, it wasn't the money, it was the time needed to do it.... but most of all it was giving up life in NH and putting the chains back on in MA.

 

[Rob Boudrie]

As to no jurisdiction out of state ....

To be safe the ownership of the guns must be transferred. A MA court can issue an order to surrender all guns including those stored out of state that you have direct or constructive possession of, and one can be held in contempt for not doing so. The safe harbor is to have documentable proof the guns have been transferred - which creates repatriation problems when it is time to get them back (have to go through an FFL).

 

[bauer]

Keep your guns and ignore the flagrantly unconstitutional drivel coming out of the tyrants on Beacon Hill.

Rights are non-negotiable.

/end thread

 

[pastera]

A lot needs to happen before you need to worry about this, the courts are on our side. In the wake of Bruen, things like what mass is proposing mean a lot less now than it would have 5 or 10 years ago.

This
HD4220 has no chance to survive Bruen and places all of Massachusetts' restrictions in the limelight concurrently.
Not saying that there won't be a 2 year battle in the courts but the result is predetermined unless the left can replace three justices or pack the court.

 

[pastera]

Everyone - thanks for the replies. I realize that the bill has a long way to go, but I wanted to start noodling some options just in case. I appreciate the feedback.

The right way to address the issue is legal/political para bellum.
Going quietly into the night is rapidly becoming a non-option.

 

[safetyfirst2125]

A lot needs to happen before you need to worry about this, the courts are on our side. In the wake of Bruen, things like what mass is proposing mean a lot less now than it would have 5 or 10 years ago.

The vote is rumored to come in 3 weeks.

Plan accordingly.

 

[EJFudd]

One should also take note of the newly-proposed restrictions regarding firearms loaning if your intent is to "loan" your firearms (by the crazy new expanded definition) to a friend or relative located in a free state.

 

[not new guy]

One should also take note of the newly-proposed restrictions regarding firearms loaning if your intent is to "loan" your firearms (by the crazy new expanded definition) to a friend or relative located in a free state.

Cliff notes?

 

[EJFudd]

Cliff notes?

Loans (of firearms) within MA must now be reported within 7 days.

It is no longer clear to me if the "loan" of a firearm to a friend or relative outside the state is still legal.

 

[not new guy]

Loans (of firearms) within MA must now be reported within 7 days.

It is no longer clear to me if the "loan" of a firearm to a friend or relative outside the state is still legal.

So they’re deliberately setting up for confiscation. Nice.

 

[TZCHRIS]

Wasn't there some guy who's Mass License expired and he took the guns out of state and they went after him for them?

Yes, but they haven't found me yet!

 

[EJFudd]

So they’re deliberately setting up for confiscation. Nice.

Take my second point with a grain of salt. I may be reading too much into the new verbiage. Smarter minds than mine should opine on that.

 

[pastera]

Loans (of firearms) within MA must now be reported within 7 days.

It is no longer clear to me if the "loan" of a firearm to a friend or relative outside the state is still legal.

What happens out of state is beyond jurisdiction.

 

[pastera]

Loans (of firearms) within MA must now be reported within 7 days.

It is no longer clear to me if the "loan" of a firearm to a friend or relative outside the state is still legal.

Loans longer than 7 days must be reported as a transfer.

 

[pastera]

So they’re deliberately setting up for confiscation. Nice.

Absolutely - this is exactly what the requirement to report every firearm and parts (barrel, frame and receiver) is designed to support.
Individual and corporate confiscation.

 

[Rick O'Shea]

 

[EJFudd]

Loans longer than 7 days must be reported as a transfer.

But also this: "No person shall sell, give away, loan or otherwise transfer a firearm, feeding device or ammunition unless through a licensed
dealer or pursuant to the terms of this section unless exempted by law."

I'm not sure a dealer is going to facilitate any loan of firearms of any length of time between two individuals by any means other than a transfer.

 

[drgrant]

As to no jurisdiction out of state ....

To be safe the ownership of the guns must be transferred. A MA court can issue an order to surrender all guns including those stored out of state that you have direct or constructive possession of, and one can be held in contempt for not doing so. The safe harbor is to have documentable proof the guns have been transferred - which creates repatriation problems when it is time to get them back (have to go through an FFL).

Any MA authority that thinks that is smoking crack, it’s not really enforceable. Mass is not
getting “full orbital jurisdiction” based strictly on its shitty gun laws, unless it’s something like a lautenberg issue etc. Of course im talking big kid rules and people not running their mouths here, either. Other states are not going to issue search warrants based on “we think they have guns and we don’t like guns”.