Own in Iowa? Live in NY?


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atek3
February 25, 2014, 06:48 PM
Iowa is probably going to legalize suppressors. Assuming that happens, would it be kosher to create a legal trust in Iowa (where I own property) and buy a suppressor there if I'm a New York resident?

The wrinkle is that my property is farmland and all my hardware is being stored in a safe on a relative's property. Things would be much easier if my relative was a co-trustee, but he's not a gun guy, and would probably prefer staying off any Trust documents.

Could I buy a 1 acre plot, put a shed on it, and have the shed be the legal address for the Trust?

I know the answers are going to be "Speak to a Lawyer," which I will do if this idea moves beyond spitball stage, but if someone can give me a thumbs up or thumbs down full stop, that would save me some mental energy.

thanks,
atek3

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Sam1911
February 25, 2014, 06:55 PM
From the ATF FAQ (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. ...

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

Can you lawfully reside in that shed? Receive mail there, etc.?

bluekouki86
February 27, 2014, 02:36 AM
I wouldn't count chickens before they hatch. While the bill has passed committee in the house, it hasn't been voted on. I've received word that no gun bills we be brought to the floor this session, and the senate will not let this bill clear the judiciary committee.

RetiredUSNChief
February 27, 2014, 06:01 AM
Like Sam said...owning property in a state is not the same thing as being a legal resident of that state. Owning property in a state one is not a resident of DOES have some legal advantages...but from what I've read of the various firearms laws, it is NOT the same thing as being a resident when it comes to these laws.

Tread carefully.

medalguy
February 27, 2014, 11:14 PM
You would need to be able to show that you were a resident of Iowa, generally by showing proof of residence: utility bill showing the address, tax statement, driver's license or vehicle registration with the address, property insurance policy with the address, or other documents absolutely tying you to the property as a resident, even if it's part-time.

Willie Sutton
March 1, 2014, 07:37 PM
Forget the trust. Simply form a corporation and let that corporation be the owner. Get a friendly FFL to let you keep a locked toolbox for storage in back and you're good to go.

This is how we NJ guys owned NFA items and kept them in Pennsylvania for decades.


Willie

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