NYS Resident, Maine Property Owner, Buying a Rifle in Maine

[maine-iac]

Hi Guys,

I searched the forum for a similar question but couldn't find an answer. I own a home in Maine and in NYS. I have a NYS driver's license but would like to buy a non-NY compliant rifle (S&W M&P 15). It would never be brought back to NYS. It would live in Maine only.

Would a Maine gun dealer sell one to me?

 

[NinerMaine]

This is really a Federal issue and not a state issue. The 1968 Gun Control Act is pretty clear on this. A dealer can only sell a long gun to a resident of another state if that gun would be legal in the buyers state. It is also illegal for a private transfer to take place between two people who are not residents of the same state. So, no the dealer cannot sell you the gun.

Your best bet would be to be a NY legal pre-ban gun or look into establishing residence in ME. There is no law against you being in possession of the gun while in ME. ME does not care. The problem would be in the legal transference of the gun. If you were to become a ME resident for 4 months you would be able to buy the gun. If you were to change your mind later and would rather be a NY resident then no law would have been broken. Of course I do not know what the residency requirements are so this may not work out.

Wait I have it. Buy a NY legal gun in ME. Then alter the gun into a post ban configuration. It would mean tapping the muzzle and putting on the break, changing out the gas trap into one with the bayonet lug and installing a collapsable stock. That way, the dealer can sell you the gun legally and then you do the work and rework the gun to the configuration you want. There is no law against taking a pre-ban gun and turning it into a post ban gun, unless you are in NY which you will not be.

I would like to remind you that my advice is worth what you paid for it.

 

[maine-iac]

that sounds like what I was thinking I would need to do. Thanks for that info. I thought about changing my residency but that can be complicated. NYS compliant gun it is. Now to get a whole bunch of Magpul accessories.

 

[MDW Guns]

You can buy in Maine with a NY DL any long gun legal in Maine.
The rifle or shot gun has not to be compliant with your states regulations.
Of cause if it does not, you can't take the rifle/long gun to your state.
You however can not receive a hand gun outside your state. You can buy them but the dealer has to ship it to a FFL in your state.
If you have any further questions or want to buy a long gun (I am a FFL), send an e-mail to [email protected]

 

[NinerMaine]

You can buy in Maine with a NY DL any long gun legal in Maine.
The rifle or shot gun has not to be compliant with your states regulations.
Of cause if it does not, you can't take the rifle/long gun to your state.
You however can not receive a hand gun outside your state. You can buy them but the dealer has to ship it to a FFL in your state.
If you have any further questions or want to buy a long gun (I am a FFL), send an e-mail to [email protected]

Your statement seems to be contrary to the ATF.

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

It seems to me to be saying that the FFL cannot sell the gun to the out of stater unless the gun would be legal in the buyer's state.

 

[NinerMaine]

Came across this while looking up an answer for another post and remembered this post. It looks to me like if it depends on how much time you spend in your home in Maine. If you spend your summers here, then yes you are a resident per the ATF without having to establish a residency per MAINE law. Of course convincing an FFL how long you spend in your Maine house will be the problem in this situation.

From page 126 of this document:

http://www.atf.gov/publications/down...f-p-5300-4.pdf

27 CFR 178.11: MEANING OF
TERMS
An out-of-State college student
may establish residence in a State
by residing and maintaining a
home in a college dormitory or in a
location off-campus during the
school term.

ATF Rul. 80-21

"State of residence" is defined by
regulation in 27 CFR 178.11 as the
State in which an individual regularly
resides or maintains a home. The
regulation also provides an example
of an individual who maintains a
home in State X and a home in State
Y. The individual regularly resides in
State X except for the summer
months and in State Y for the summer
months of the year. The regulation
states that during the time the individual
actually resides in State X he is a
resident of State X, and during the
time he actually resides in State Y he
is a resident of State Y.

 

[NewGunGuy]

Hello all, This has topic been dead for a while, so I guess I'll bring it back. I was just up at the Cabelas off exit 42 and found out i couldn't purchase the Remington 597 quad rail .22lr rifle that they have on sale.Wasn't able to purchase cause of the adjustable stock. The sales people and other residents there joked how I need to move out of the Peoples republic. Was grateful though that I could buy other things no problem with out serial numbers. Really a shame though cause the rifle seemed that it was built pretty well, and watched some reviews from youtube and other gun sites and it was given good reviews.