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

Discussion in 'Legal' started by EraserXIV, Jan 22, 2009.

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  1. EraserXIV

    EraserXIV Member

    Jan 22, 2009
    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:

    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?
  2. geekWithA.45

    geekWithA.45 Moderator Emeritus

    Jan 1, 2003
    SouthEast PA
    The ATF takes the position that you're a resident of the state while you're actually residing in it.


    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.
  3. GRIZ22

    GRIZ22 Member

    Nov 4, 2006
    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.
  4. EraserXIV

    EraserXIV Member

    Jan 22, 2009
    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.
  5. NavyLCDR

    NavyLCDR member

    Dec 14, 2005
    Stanwood, WA
    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.


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

    27 CFR 178.11: MEANING OF
    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.
    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

    [ATFB 1980-4 25]
  6. EraserXIV

    EraserXIV Member

    Jan 22, 2009
    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.
  7. Chukpike

    Chukpike Member

    Nov 28, 2007
    Arcadia, CA
    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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