PRobably the dumbest question ever asked of NFA items


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Dimis
May 17, 2010, 09:22 PM
sorry to title it that way but i have to know

i live in Delaware a state that barely allows any form of NFA item (no silencers SBS's fullauto)

i was wondering is there anyway to own an NFA item in another state?

say i vacation in maryland and the state laws there allow you to own silencers etc can i set up a trust in MD or some other way to own these items

i in no way shape or form intend to cross back into my home state with said item (and really this is just speculation and curiousity because i intend not to own said items untill i live elsewhere)

thanks for the tollerence of yet another dumb question from a newb

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Zak Smith
May 17, 2010, 09:30 PM
Well, you have to fill out a 4473 and swear to your state of residence. That pretty much rules out a personal transfer. For a corporate transfer (including a trust), you'd have to ask a lawyer and/or the ATF. I did a quick search and could not find something specifically on the trust issue.

Joint owners of an FFL/SOT (provided they are "on" the FFL/SOT), can possess company NFA items across state lines, but obviously not in states that prohibit them.

-z

mljdeckard
May 17, 2010, 09:43 PM
If you're looking for a state more tolerant than Delaware, it's probably not Maryland.

Like Zak says, talk to a lawyer, but maybe if you incorporate in another state and use the address of the corporation?

RyanM
May 17, 2010, 10:57 PM
Someone correct me if I'm wrong, but I believe you have to live somewhere for only 30 consecutive days to be a resident? If that's the case, a 30 day+ vacation might allow you to file paperwork as the resident of another state, but I have no idea what'd happen several months later when (if) the ATF approves the paperwork and you're back in DE.

Zak Smith
May 17, 2010, 11:01 PM
You'd probably go to jail.

Since I think the only prudent legal advice has been posted, I think it's time to lock this one.

Sam1911
May 18, 2010, 08:07 AM
With apologies to Zak, I'd like to add:

If you're looking for a state more tolerant than Delaware, it's probably not Maryland.

Actually, MD is very open when it comes to Title II arms. They allow all but explosive destructive devices. Machine Guns do have to be registered with the State Police, but that's it. The SOT3 dealers I knew when I lived there seemed to regard machine guns as less hassle than some Title I arms.

but I believe you have to live somewhere for only 30 consecutive days to be a resident? If that's the case, a 30 day+ vacation might allow you to file paperwork as the resident of another stateAnd, no.

From the ATF FAQ:

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]

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