Having trouble finding a straight answer for this one. I am a MA resident and likely will be for a while given the housing market. (May as well take advantage of the crazy long ma/paternity leave while we start our family anyway)
The Question:
My family has property in NH and I'm trying to see if there is any way to LEGALLY purchase cans and put them in a trust. My uncle and I have been talking about this for years and dreaming of having a stash of the fun stuff we leave in a safe up there. (Shared family house also in a trust)
Is it possible to to create a trust with a family member or friend in NH, have us be part of it, and they do the actual procurement side of things?
To be clear, I have NO INTENTION of breaking the law here, I shoot mostly up there anyway, would be nice to stop at the lake to grab some normal cap mags and a can on our way to have some fun innawoods.
- Cheers!
Your goal appears to be to possess suppressors while in NH. You have identified one path and there is a second.
Path #1, a trust
You can form a trust with any number of people including a NH resident. The NH resident can purchase items on behalf of the trust. Any member of the trust can possess the items if the items are legal to possess in the location they are at. So for example if the NH resident keeps them in NH, you can possess them while in NH or any other state where they are lawful to possess.
Path #2, be a NH resident
The ATF defines residency as being present in a state in which you make your home. If you have multiple homes in multiple states, you are a resident of the state in which you are currently present. So your family has property in NH. Do they have a home in NH? In other words, is there a place to LIVE or is it just property? If it is a home and you make it YOUR home while in NH (winter skiing, summer boating, etc), then you are a resident of NH while in NH at your NH home.
Acquisition of any firearm from a FFL requires two things: proof of identity and proof of residency. Proof of identity is a government issued picture ID with your picture and name on it. A passport, a DL, etc. Proof of residency is any government document with your name and address on it. A DL, a tax bill, a car registration, etc.
So you can fill out a 4473 in NH and provide your MA DL (or a passport) and some government document with your name and NH address on it to the FFL and presumably they will complete the transaction. Not all FFLs know the law. Not all FFLs care about the law. Not all FFLs want to deal with dual residency. Not all FFLs want to deal with someone who is a MA resident even when they are also a NH resident. So find the right FFL.
I am a MA FFL and a NH FFL. I have done NH based sales/transfers for dual residents where their MA DL was proof of identify and their town tax bill was their proof of residency. I have another customer that has a car registered in NH since his NH home is owned by a family trust leaving him w/o any other government documents. Many ways to skin the cat.
In the end, YOU are certifying you are a NH resident and providing sufficient proof for me as a FFL to complete the transaction. I don't drive to your NH home and check...
I have read that the ATF considers you a resident of a state if you have a real estate tax bill in your name, and a utility bill in your name.
I'm sure you could ask the town and utility company to add your name to the bill.
You are confusing how to prove residency with being a resident. They are different...