Dual residency LTC [MA and NJ]

[jdev]

I have a friend that lived in MA for a couple years and got their LTC while here. They had to move back to NJ unexpectedly, but still have dual residency. Their LTC is still valid both in MA and NJ.

If MA is not their full time state, but they claim dual residency, can they still carry legally in this state?

 

[ProGun]

Not sure I understand the question, but a MA LTC is NOT valid in NJ. NJ doesn't honor any other states LTC/CCW permits. And getting a LTC in NJ is basically impossible unless your name is Trump or similar.

If they're still a MA resident and have a valid MA LTC-A they should be fine to carry in Mass.

 

[DemonChronicles]

Neither NJ nor MA recognize any other states licenses, they are both non-reciprocity states.

 

[jdev]

Not sure I understand the question, but a MA LTC is NOT valid in NJ. NJ doesn't honor any other states LTC/CCW permits. And getting a LTC in NJ is basically impossible unless your name is Trump or similar.

If they're still a MA resident and have a valid MA LTC-A they should be fine to carry in Mass.

I know that both states don't recognize each others licenses. Before moving to MA for 2 years, they had their license in NJ then got their license in MA. They moved back to NJ where their NJ license was still valid while at the same time, their MA license is still valid.

The question is that if they claim dual residency, in both MA and NJ, is their MA license (which is still valid) still legally valid in this state if they do not live here full time, or, if by moving out of the state, their MA license became invalid and they would have to apply for their out of state residence license?

 

[robmcd]

I believe there is a thread on this forum covering the topic. I live in southern Berkshire County where 50% or more of the homes are second homes owned by residents of New York, Florida, etc. Chiefs here commonly issue resident LTC's to these second home owners. The FRB has confirmed to them that it is legal to do so given the loose residency requirements of the Commonwealth. It is, of course, at the discretion of the Chief. Also, if you look at FAQ's on the ATF site you'll find that they acknowledge the legality of such dual residences.

So I guess the question is whether your friends still own a home in Massachusetts, and whether the Chief in that jurisdiction deems it appropriate.

By the way, Florida issues resident licenses to second home owners there, and New York has recently started to do the same thanks to a court decision there.

 

[Rob Boudrie]

Failure to notify for a change of address is grounds for revocation of an LTC. Many people have asserted that a MA LTC "self expires" when you move out of state, however, I have not been able to find any statute or case law to confirm this. I expect the FRB will expire a license if you file a change of address notice you have moved out of state.

Diverging from the topic, it would appear that moving out of state for a few weeks would be a way to get an LTC expired that the issuing authority was unwilling to expire upon request (this happens when someone with a restricted license moves to a better town and the old chief is in a jihad to prevent as many people from carrying as possible). I do not know of any state other than MA where some subjects have hired legal counsel in an effort to have their carry license terminated

 

[Kevlar]

By the way, Florida issues resident licenses to second home owners there, and New York has recently started to do the same thanks to a court decision there.

Wait, what?

Cite, please.

 

[bostonasphalt2]

Failure to notify for a change of address is grounds for revocation of an LTC. Many people have asserted that a MA LTC "self expires" when you move out of state, however, I have not been able to find any statute or case law to confirm this. I expect the FRB will expire a license if you file a change of address notice you have moved out of state.

Diverging from the topic, it would appear that moving out of state for a few weeks would be a way to get an LTC expired that the issuing authority was unwilling to expire upon request (this happens when someone with a restricted license moves to a better town and the old chief is in a jihad to prevent as many people from carrying as possible). I do not know of any state other than MA where some subjects have hired legal counsel in an effort to have their carry license terminated

So in theory, if you were a snowbird, and headed to FL from MA for the winter, do you need to do a change of address? Somehow I don't think so in that case.

 

[deezwho]

If he lives in NJ, how does he claim residence in MA? Does he still own a home here?

 

[FreeWillie]

There are ways to have legal dual residency in Ma and another state based on the other states laws of residency but this example doesn't sound like one of them.

 

[Ezra]

Wait, what?

Cite, please.

In Osterweil v. Bartlett, 21 N.Y.3d 580, 999 N.E.2d 516 (N.Y. 2013), the Court of Appeals of New York ruled that the state handgun licensing statute did not preclude the applicant, a previous resident who became a part-time resident of New York when he acquired a permanent domicile elsewhere, from being eligible for a New York handgun license in the city or county where his part-time residence was located.

more info here: www.nyfirearms.com/forums/pistol-permits/70893-nys-non-resident-pistol-permit.html