Does a "not technically a resident" need an in-state FID?


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EraserXIV
January 22, 2009, 09:52 PM
I go to school in Boston, so although I am in Massachusetts 8 out of 12 months of the year, I am not technically a "resident" because my permanent address is in NJ. However, is the definition of "resident" just based on how much time you spend in one state, or is it based off of your permanent address? Basically what I'm asking is if I can use my NJ FID as a "non-resident" and use my rifle in MA? In the MA laws, they state:

A non-resident may possess a rifle or shotgun in Massachusetts:
5. If he or she has a license or permit to possess any firearm in his or her home state, if its licensing requirements are as stringent as those of Massachusetts, as indicated by a published list of such states promulgated by the colonel of state police.

From what I seems like, my NJ FID will suffice... it just depends if I'm considered a Non-resident.

Also, I plan on renting/purchasing an apartment in MA down the road, so will I be forced to make that my new permanent address? Or can I keep my home in NJ as my permanent address?

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geekWithA.45
January 22, 2009, 10:33 PM
The ATF takes the position that you're a resident of the state while you're actually residing in it.

http://www.atf.gov/firearms/faq/faq2.htm#b12

Individual states all have their own criteria for what constitutes a resident Expect things like driver's licenses, utility bills and names on leases to count.

Purported adults living in college dorms are a "grey" area. The ATF probably won't care, the state might, and the college will likely enter into a state of full blown pants poopin' hysteria.

If in doubt, get legal advice from an MA attorney who knows the drill.

GRIZ22
January 22, 2009, 10:38 PM
if its licensing requirements are as stringent as those of Massachusetts, as indicated by a published list of such states promulgated by the colonel of state police.

It looks like you need to find this list published by the colonel of the MASP to answer your question.

I think MA would consider you a non-resident if you have a NJ drivers license and your car is registered there.

EraserXIV
January 22, 2009, 10:40 PM
Hmm yeah asking an MA attorney is probably the best bet.

Also, to clarify, I wasn't talking about owning it in a college dorm, because I know that is DEFINITELY not allowed. I was talking more about having it in a rented apartment off-campus. And on weekends I might take it to the range to do a couple rounds.

As for being as stringent, I think they are. NJ and MA basically have the same post-ban CA law and the same requirements.

NavyLCDR
January 23, 2009, 11:18 AM
There is an ATF newsletter or maybe it is in the 2005 Guide to Federal Firearms Regulations that states that for the purpose of firearms regulations, IE purchasing and selling, a student IS a resident of the state that they attend school in. I wouldn't chance it.

http://www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm

"paper" page number 126, "file" page number 127

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
127
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.
Applying the above example to outof-
State college students it is held,
that during the time the students actually
reside in a college dormitory or
at an off-campus location they are
considered residents of the State
where the dormitory or off-campus
home is located. During the time outof-
State college students actually
reside in their home State they are
considered residents of their home
State.
[ATFB 1980-4 25]

EraserXIV
January 23, 2009, 05:39 PM
hmm interesting. thanks for the info. maybe i'll apply for a MA FID then. best i jump on it now so i don't have to wait for it in the future.

Chukpike
January 23, 2009, 09:56 PM
In dealing with Massasachusts and New Jersey, you have two states that are more restrictive than California. The closest we have to an ID is a handgun safety certificate. You only need that when purchasing a handgun.

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