to res or non res....that is the question

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So as not to derail another thread, I propose a situation here.

I got a buddy (really) who might be doing some work in MA for a year. He does traveling work and often stays on job sites for extended periods of time. He will effectively be living in MA in a rented home/apt for the jobs duration.

My understanding was that he would need a non res license so he could enjoy all of his shooting hobbies legally while in MA. I recently learned this is not the case if he say wanted to buy ammo or found a rifle that tickled his fancy.

I'm positive he doesn't want to change his home state or state of residence, but if he were living in MA, even temporarily, could he get a resident LTC and be good to go?
 
Yes. Depending on how he presents himself to his MA chief and if he doesn't answer unasked questions. Of course it might take 6 months to get it.
 
Better start now for either because by the time he gets a LTC the work related job will be done and he will be ready to leave the state.
 
Given the convenience of a resident LTC, would he be eligible for that? By convenience I mean as compared to a non res where apparently you can't buy ammo. But wait.......are you telling me that with an out of state drivers license, say from Texas or Wyoming or whatever, you can't walk into a gun shop and buy a brick of .22lr?

When I was up there I lived in CT and had my pistol permit long before all the current silliness of needing a permit for ammo. I never really shopped in MA, I was always in route to ME so I shopped mostly in ME and NH so the breadth of my MA knowledge comes from reading the woes posted here.
 
Tell him to bring enough ammonfor the duration, problem solved. Or just go to a free state to purchase what’s needed.
 
Simon Rock Law mandated that no dealer could sell any ammo or guns to a NR even with a NR LTC.

Driver's License doesn't mean anything in MA wrt buying guns/ammo. Will some chiefs refuse with a non-MA DL, perhaps but I suspect many won't care.
 
He’s not now nor is he planning to be a permanent resident of MA, so I say non-res.
that has exactly nothing to do with residency.

if the person in question is making a residence in MA for the duration, he is a resident WRT this type of licensing.

The problem he may run into is that he'll need to provide enough proof of residence that the licensing officer isn't asking "why does your ID say [other state]?" In effect, this will mean that the town he's in matters. So, find a green town that processes licenses quickly and he's probably already on the right track.
 
Good info guys, I appreciate it and will pass it along. Man O man its so confusing. You'd think that they powers that be would want you to follow the law to a "T", yet make it so muddy that it takes a serious discussion to stay within the confines on said laws. Bet the criminals have a super hard time following these regulations. (Sarcasm). I sit here in MO and talk guns and whatnot with my work buddies and I tell them about crazy NE gun laws like a spooky campfire tale and sit there shaking there head thinking I'm making half of it up lol.

Thanks again for the input.
 
that has exactly nothing to do with residency.

if the person in question is making a residence in MA for the duration, he is a resident WRT this type of licensing.

The problem he may run into is that he'll need to provide enough proof of residence that the licensing officer isn't asking "why does your ID say [other state]?" In effect, this will mean that the town he's in matters. So, find a green town that processes licenses quickly and he's probably already on the right track.
Spot on!

For the last 10 yrs I have been "plotting" our retirement to NH. It took most of those years (we vacationed each yr in VT, ME and NH) to get my Wife on-board. So according to citoriguy, I shouldn't have been able to renew my Resident LTC during those years as I had no intention of making MA my "permanent" residence![rofl]
 
Spot on!

For the last 10 yrs I have been "plotting" our retirement to NH. It took most of those years (we vacationed each yr in VT, ME and NH) to get my Wife on-board. So according to citoriguy, I shouldn't have been able to renew my Resident LTC during those years as I had no intention of making MA my "permanent" residence![rofl]

No - the two situations aren't comparable. He's coming here for work for a short period of time, i.e. less than a year. For tax purposes, he's probably going to file as a non-resident.

This is just going to muddy the waters, but this is what I was going by: TIR 95-7: Change in the Definition of "Resident" for Massachusetts Income Tax Purposes

Example. Charles is domiciled in New Jersey. He is transferred to his employer's Massachusetts office for an assignment from February 1 to October 31, 1995, after which he returns to New Jersey. If Charles takes an apartment in Massachusetts during this period, he will not be deemed a resident, even though he spends more than 183 days of the taxable year in Massachusetts, because his place of abode is not permanent. Instead, Charles will be subject to tax as a non-resident on his income from Massachusetts sources, including any salary or other compensation for services performed in Massachusetts.

Example. Terri is domiciled in Pennsylvania. She is transferred to her employer's Massachusetts office for an assignment from August 1, 1995 to August 1, 1996. If Terri takes an apartment in Massachusetts during this period, she will not be deemed a resident, even though she spends more than 183 days of the taxable year in Massachusetts, because her place of abode is not permanent.

However, Terri's assignment is extended and she stays in Massachusetts until December 1, 1996. Terri's stay in Massachusetts is no longer considered temporary. As a result, for the taxable year ending December 31, 1995, Terri is considered a non-resident and, as such, will be subject to tax only on her income from Massachusetts sources, including any salary or other compensation for services performed in Massachusetts. For the taxable year ending December 31, 1996, however, Terri is considered a Massachusetts resident because she maintained a permanent place of abode and was present in Massachusetts for more than 183 days.

Obviously local PDs may have a different definition of what constitute's residency, but my post was not just my baseless opinion - I was using the above as guidance. I probably should have included this in my original post.
 
No - the two situations aren't comparable. He's coming here for work for a short period of time, i.e. less than a year. For tax purposes, he's probably going to file as a non-resident.

This is just going to muddy the waters, but this is what I was going by: TIR 95-7: Change in the Definition of "Resident" for Massachusetts Income Tax Purposes



Obviously local PDs may have a different definition of what constitute's residency, but my post was not just my baseless opinion - I was using the above as guidance. I probably should have included this in my original post.
MA DOR rules have nothing to do with C. 140 laws. Your TIR is "for Massachusetts Income Tax Purposes" and only for that. DOR makes up their own rules/laws which impacts nothing else in MGLs.
 
MA DOR rules have nothing to do with C. 140 laws. Your TIR is "for Massachusetts Income Tax Purposes" and only for that. DOR makes up their own rules/laws which impacts nothing else in MGLs.

I'm well aware it's a tax definition - I'm a CPA. Your post seemed like I was just making up an answer without any justification, and I'm just pointing out that I didn't say that he should be non-res without any basis. I realize, and even say in my second post that there may be other definitions of what constitutes residency. It's a public forum and opinions are given in every thread. I gave mine here, and shouldn't be chastised for doing so just because it's contrary to others' opinions. If I'm wrong, I'm wrong, and OP's friend will have more freedom than he would versus a non-resident license holder, and I would have learned something new. That's all.

OP - I would like to hear the outcome if he decides to pursue a license.
 
MA gun law definitions (most of them) are in MGL C. 140 S. 121. There is no definition of what a "resident" is in MA gun law. For that reason, some chiefs issue Resident LTCs to part-time residents (think Cape Cod, Berkshires, etc.) per Chief Glidden's recommendation. Other chiefs refuse to issue Resident LTCs to the military with permanent duty stations at Bedford Air Base (I was contacted by a few some years ago) since their "home of record" wasn't Mass!
 
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