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PRobably the dumbest question ever asked of NFA items

Discussion in 'NFA Firearms and Accessories' started by Dimis, May 17, 2010.

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  1. Dimis

    Dimis Member

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    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
     
  2. Zak Smith

    Zak Smith Moderator Emeritus

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    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
     
  3. mljdeckard

    mljdeckard Member

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    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?
     
  4. RyanM

    RyanM Member

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    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.
     
  5. Zak Smith

    Zak Smith Moderator Emeritus

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    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.
     
  6. Sam1911

    Sam1911 Moderator

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    With apologies to Zak, I'd like to add:

    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.

    And, no.

    From the ATF FAQ:

     
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