Massachusetts resident with Maine summer house

[Dheath9994]

It's to my understanding Maine doesn't require an fid card to purchase a rifle. But if I'm a massachusetts resident with a summer home here can I purchase a shotgun to keep at my home here with my MA drivers license?

 

[FrugalFannie]

It's to my understanding Maine doesn't require an fid card to purchase a rifle. But if I'm a massachusetts resident with a summer home here can I purchase a shotgun to keep at my home here with my MA drivers license?

If you are buying from an FFL you will have to fill out a 4473. You must also produce ID. When you produce a MA DL the FFL SHOULD make you produce your FID or LTC from MA as they are expected to NOT sell you anything you are not allowed to possess in your state of residence. Where you keep that shotgun is up to you.

 

[PatMcD]

If you are buying from an FFL you will have to fill out a 4473. You must also produce ID. When you produce a MA DL the FFL SHOULD make you produce your FID or LTC from MA as they are expected to NOT sell you anything you are not allowed to possess in your state of residence. Where you keep that shotgun is up to you.

Most of the shops I frequent have no idea what the gun laws are in other states.
Produce an I.D. with a street address (not a PO Box), pass the Federal NICS check, pays your money and walk away with your shotgun.

 

[Hoover]

Most of the shops I frequent have no idea what the gun laws are in other states.
Produce an I.D. with a street address (not a PO Box), pass the Federal NICS check, pays your money and walk away with your shotgun.

I stop in a nice gun shop up in VT once in a while and last time I heard a CA guy trying to buy a handgun. From the conversation they were having, I could tell the VT shop owner had no idea at all about the gun laws in states outside VT. He might have a little of NY's since it's close to the shop but that's it.

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It's to my understanding Maine doesn't require an fid card to purchase a rifle. But if I'm a massachusetts resident with a summer home here can I purchase a shotgun to keep at my home here with my MA drivers license?

You can be a resident in more than one state. Become a dual resident MA/ME and you can buy anything you want without the hassle.

 

[Len-2A Training]

They shouldn't be expected to know other states' laws. However they are given a book where they can read up on them for the one-offs that walk in from outside their state. What I've found is that dealers anywhere are usually both illiterate and have no desire to learn even their own state's laws, never mind any other ones.

 

[one-eyed Jack]

They shouldn't be expected to know other states' laws. However they are given a book where they can read up on them for the one-offs that walk in from outside their state. What I've found is that dealers anywhere are usually both illiterate and have no desire to learn even their own state's laws, never mind any other ones.

Thanks a lot, Len. Jack.

 

[jasons]

According to the feds you may be a Maine resident:

https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

You have a summer home in Maine, seems to me that's pretty clearly "an intention of making a home in that State."

For what it's worth I know guys who live in MA in the summer and down south in the winter. They buy what they want....

 

[Billsail]

I was with a guy who bought a rifle in a small shop in rural ME. Shop owner told the guy, when he was asked about certain legalities... " I have no clue what you can, or can not do in MA. It's up to you to know the laws in your state. I just sell guns, and don't care what you do when you leave here."

 

[Rocky02]

I have my mass ccw i am filling out the maine non-resident application. I got it from the website. My question is what exactlu is the last few pages of the application for?

 

[Racenet]

Mental health record release forms, if memory serves me correctly. Read the forms. It reads, in detail, what it is for.

 

[free]

For medical as racenet said.

What are those pages for? So you can get your ME non-resident license. Just like they say on page one of the application. "Complete and return entire package."

 

[Rocky02]

Ok ill read it. So im assuming it has to be filled out either way? Or only if you have been sent to a mental hospital?

 

[free]

Especially if you have been sent to a mental hospital.

But seriously, it seems out of place esp for non resident to fill in, but I just shrugged, filled it in and sent it on its way to the ME smokies. Just asks about two facilities in ME. Seems just to be an artifact if the resident app and when setting up the app package they just left it in. License came within a month. Good luck and enjoy.

 

[Rocky02]

Alright thank you. I will be finishing up the application this week and sending it in. Hopefully i get it before I go up to Maine for my trip.

 

[Racenet]

Ok ill read it. So im assuming it has to be filled out either way? Or only if you have been sent to a mental hospital?

Yes, it IS REQUIRED.

 

[RockMaple]

Another user asked basically the same question on the NFA board (but it related to purchasing a suppressor). The instructions for question 2 of Form 4473 includes the following: "If you are a U.S. citizen with two states of residence, you should list your current residence address in response to question 2 (e.g., if you are buying a firearm while staying at your weekend home in State X, you should list you list your address in State X in response to question 2.)"

Based on these instructions, if you are a part-time resident, it seems that you could lawfully acquire a suppressor while you were in Maine (while staying at your second home).

 

[rugerman357]

ATF maine guidance

Many Maine FFL dealers will follow guidance from a letter from the ATF in Maine. I have seen a copy of this letter (I don't have a copy.) The ATF (I think they are in Portland) gave the dealers guidance that if you own a home in Maine (even if it is not your primary residence) you qualify as a "resident" of Maine for purposes of buying a rifle or handgun like any other Maine resident. The dealer will ask to see a tax bill or some other evidence that you are a "resident" for this purpose. Cabelas does not follow this rule. Many (maybe most) of the small dealers will. This does not allow that gun to come back to another state (e.g. Mass.)

Of course you can buy long guns that are non "assault weapons" from an FFL out of state and bring it back to Mass. (so long as you fill out the FA 10 when you get back). You cannot buy handguns out of state to bring back to Mass (without a transfer through a Mass. FFL).

I know at least one guy from the Forbidden Zone (Washington D.C.) who has a big collection in Maine at his second home.

I have been told by one Class III dealer that this rule applies to NFA weapons, provided you keep them in Maine (I have not been through that process.)

 

[Len-2A Training]

This does not allow that gun to come back to another state (e.g. Mass.)

You cannot buy handguns out of state to bring back to Mass (without a transfer through a Mass. FFL).

Absolutely WRONG! If you own them you can bring them to whatever other state you also happen to reside in with two caveats:

- No >10 rd (>5 rd for shotgun) mags made after 9/13/1994.
- No post-9/13/1994 so called "assault weapons" (handguns or long guns).

Any gun brought into MA by the owner must be eFA-10'd under "registration" (SKIP the request for info on source) within 7 days of the gun crossing the MA state line the first time.

 

[LonelyMountainArms]

I was with a guy who bought a rifle in a small shop in rural ME. Shop owner told the guy, when he was asked about certain legalities... " I have no clue what you can, or can not do in MA. It's up to you to know the laws in your state. I just sell guns, and don't care what you do when you leave here."

If he sells a MA resident a rifle that can't pass the MA AWB, he's in deep shit once the guy with the rifle gets arrested BACK IN MA with his prohibited rifle. He IS supposed to know the laws - I had this crop up last year when someone called me up to ask if he could use me to receive a rifle he bought off gunbroker. Problem was, he was a NY resident, and he'd bought an AK. And the fact that he "had family in the next town" to me (his "reason" for shipping it to my shop) didn't mean diddly unless he could provide me some kind of ID showing that he didn't live in NY.

BTW, you don't need an ID with your street address - a military ID doesn't have one. Many drivers licenses have PO boxes. BUT a valid ID (not one that has expired) along with a government form like a tax bill WILL work.

I wrote this after the last few gun shows. I'm tempted to put it on my FB page but I'm afraid it would sound too grumpy. Need to make it more warm and fuzzy.

================

Dear customers and (most importantly) would-be customers,
I've noticed these last few weeks that some folks aren't aware of the laws that we FFLs must follow.

1 - if you live in a state where a given gun is prohibited, I can't sell it to you. (if you live in NY and want an AK, for example, I can't sell it to you because of the NY SAFE Act).

2 - If you forgot to renew your driver's license, you can't use it for ID - and I need a VALID government-issued ID in order to sell to you. It must have your name, date of birth and your address on it. If it's expired, it's not valid (Per the Brady Act). An expired driver's license and a valid military ID still doesn't work, because the military ID doesn't have your address on it.

3 - If your government-issued ID doesn't have your actual street address (military ID, for example), I need some OTHER kind of government document with your street address. Say you have your PO Box on your driver's license - bring me a W2, a tax bill or some form of GOVERNMENT ISSUED document as proof of where you live. Out of state carry permit, a hunting license - as long as it's got your ADDRESS on it, NOT a PO box - you don't live in a PO box (Per Form 4473).

4 - If you just moved to VT, GO TO THE DMV FIRST! I understand that you're so thrilled to be in a free state that the first thing you want to do is go buy a gun (I moved here two years ago, so I get it!). But if you still have a NY driver's license, I have no choice but to assume you still live there... and can't sell you a handgun, an AK or an AR-15 (unless it's NY SAFE act compliant, like a pump-action AR or one with one of those funky non-handgrip stocks).

Believe me, I'd love to sell every law-abiding citizen a gun. But I will follow the laws strictly - I'll apologize for the inconvenience while I'm doing so, but I will follow them.

 

[mikec3071]

Absolutely WRONG! If you own them you can bring them to whatever other state you also happen to reside in with two caveats:

- No >10 rd (>5 rd for shotgun) mags made after 9/13/1994.
- No post-9/13/1994 so called "assault weapons" (handguns or long guns).

Any gun brought into MA by the owner must be eFA-10'd under "registration" (SKIP the request for info on source) within 7 days of the gun crossing the MA state line the first time.

New to NES and posting so please excuse any rookie mistakes (...or break my balls, either way). This thread is as close to my situation as I can find.
I am a MA resident with an LTC-A no restrictions. I own a couple of properties in Maine, my mother's house and a camp but neither I would call a summer home or 2nd home.
I've spoken to a ME FFL that said with a ME property tax bill with my name on it and my MA DL he'd have no issue selling to me.

My question is...can I do that and bring the gun back here (assuming it passes AWB/no hi caps) and just efa-10 it in the first 7 days as Len laid out above and I'm good to go?.....or am I federally ****ed for not establishing residency? Or is establishing residency the FFL's problem?

Any guidance would be appreciated.

Also gotta say that NES has been an incredible resource while waiting the 7 weeks for my LTC to arrive.

 

[jasons]

New to NES and posting so please excuse any rookie mistakes (...or break my balls, either way). This thread is as close to my situation as I can find.
I am a MA resident with an LTC-A no restrictions. I own a couple of properties in Maine, my mother's house and a camp but neither I would call a summer home or 2nd home.
I've spoken to a ME FFL that said with a ME property tax bill with my name on it and my MA DL he'd have no issue selling to me.

My question is...can I do that and bring the gun back here (assuming it passes AWB/no hi caps) and just efa-10 it in the first 7 days as Len laid out above and I'm good to go?.....or am I federally ****ed for not establishing residency? Or is establishing residency the FFL's problem?

Any guidance would be appreciated.

Also gotta say that NES has been an incredible resource while waiting the 7 weeks for my LTC to arrive.

https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

 

[mikec3071]

Thanks for the link, I found this in there which I think explains my situation perfectly. I don't spend much time up there but they also don't really define the parameters.

[h=1]"May a person who resides in one State and owns property in another State purchase a firearm in either State?[/h]If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.
[27 CFR 478.11]"


I guess I'm still wondering if it's the FFL's responsibility to determine residency and if they'll sell to me if I'm in the clear.

I'm trying to compare it to the MA situation where an FFL sells you a gun that doesn't pass the AG's requirements but there's no repercussions on the buyer. Probably not a fair comparison but would love to hear some opinions.





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