military, guns and state lines

[gb0399]

I am an active duty service member. I have residency in the state I am from, Mass (home of record). I still hold a drivers license there, pay taxes and vote there. I live in another state where I am stationed. I can legally buy guns in either state. BUT, what if I buy a gun in the south and then decide to move back to Mass and its against one of those BS Mass laws prohibiting the sale of such gun. A 1911 or Glock for example. Do I have to sell it? Can I keep it because I bought it legally while I was a resident of both states?

 

[M-Cameron]

well apparently you can only buy long guns out of state and bring them back in....

http://www.northeastshooters.com/vbulletin/threads/45618-Out-of-state-Gun-show-purchase-in-Massachusetts

 

[zombienerd]

well apparently you can only buy long guns out of state and bring them back in....

I'd do some more research first. Active Duty Military members can purchase pistols in their state of duty, which is not allowed for the Civilian citizen. This *MIGHT* cause exemption to standard MA law.

I'm not sure of MA law, but if you send a private message to JCohen over there at Northeast Shooters, I'm sure he can answer your question 100%, he is a well known a respected firearms lawyer in MA, and from what I understand, has no problem answering general questions like this in PMs.

 

[Shadow 7D]

Call the state AG's office, explain that you are in the military, and ask your questions (might want to spin it as more trigger practice to keep you safe in the sandbox), they should be able to connect you to the person who can answer your question.

 

[45bthompson]

Send it to me. I'll hold on to it for ya.
But seriously, you need to check with the Attorny General in MA.
This might help too.
www.mass.gov › Home › Firearms Registration & Laws

 

[nalioth]

Active Duty Military members can purchase pistols in their state of duty, which is not allowed for the Civilian citizen.

Sure it is, if the "Civilian citizens" make that state their residence while working there.

Same situation as a dual-state-resident citizen.

 

[zombienerd]

Sure it is, if the "Civilian citizens" make that state their residence while working there.

Good catch. I gotta be careful with those broad statements, eh?

 

[wideym]

While stationed at Ft. Campbell, I had a soldier from New Jersey who ran in the same situation. He could buy any handgun, rifle, or shotgun simply by showing a copy of his orders, but he couldn't take certain guns back home with him. States with gun laws like NY, NJ, and CA don't make allowances for their citizens who return from serving in the armed forces.

 

[NavyLCDR]

Actually, CA does. In CA they are called personal handgun importers. Military members can obtain handguns that are not on the CA DOJ approved handgun list in the state of their duty station and then if they choose to return to CA, they can bring those handguns with them and fill out the DOJ form to register the handgun in CA.

Anyway, to the OP.... your state of residence for the purposes of firearms transactions is the state you have permanent orders to (which appears to be TN). While you are stationed in TN, you can buy anything you want to in TN by using your active duty ID card and copy of your orders as identification/proof of residency to the FFL dealer.

See page 135-136 of the 2005 Federal Firearms Regulations Reference Guide (ATF Rule 2001-5):
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

You are not subject to MA firearms purchasing laws at this time, because for the purposes of firearms transactions, you are NOT a resident of MA, unless you are present in MA with the intent of making a home there - which you are neither, at this time.

When you return to MA at any time, for any reason, you immediately fall under the MA laws for possession of firearms. That means that you must have the appropriate MA license to possess whatever guns you intend to bring with you into MA. The licenses will have to be obtained in advance of you bringing those guns into MA.

If it were me, I just wouldn't go back to MA and stay in free America!

 

[gb0399]

I can see this is something that I will have to continue to monitor, and seek legal counsel before I head back there. I have another six years to go and I am seriously debating not going back.

 

[highlander 5]

You can bring any handgun back to Mass that you want but you can't bring back high cap magazines. They must be limited to a capacity of 10 rds or less. The AG's "approved roster list" applies to dealers and what they can sell and transfer. If you decide to come back to Ma you have to wait to be physically in the state before you can apply for a LTC. Ma gun laws mirror the Federal AWB. Go to Northeastshooters.com and ask your question they will be more than happy to help you.
If your smart pick up a few pistols that we can't get here and you can sell them for a profit in a ftf deal and it's legal. Your allowed 4 ftf transfer a year.

 

[DMF]

I can legally buy guns in either state.

Actually, you can only buy long guns in both states, and handguns only in the state where you are stationed. You are not a "resident of both states." For the purposes of the Gun Control Act you are a resident of the state where you are stationed. There is a two state exception for someone who lives in one state and commutes daily to their permanent duty station, but that does not apply to what you described unless you are making a daily commute from MA to your duty station.

http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-residency

 

[NavyLCDR]

Actually, you can only buy long guns in both states, and handguns only in the state where you are stationed. You are not a "resident of both states."

+1. I obviously agree with that:

You are not subject to MA firearms purchasing laws at this time, because for the purposes of firearms transactions, you are NOT a resident of MA, unless you are present in MA with the intent of making a home there - which you are neither, at this time.