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Posted: 12/11/2014 9:13:46 AM EDT
[#1]
Probably is the wrong forum. This is Class 3 for NFA discussions.
But that being said I would ask over in the NH Hometown section. My first guess is now because your DL will say NY. |
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Posted: 12/11/2014 9:29:57 AM EDT
[#2]
In general, you can buy long guns out of state, just not pistols or AR lowers (as they could be made into an AR pistol). It used to be that you could only buy in contiguous states.
However, there may be state/local laws involving NY & NH that could prevent this is your situation. ETA: after a little more research, I'm going to say "no"...because of this: Q: From whom may an unlicensed person acquire a firearm under the GCA? A: A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes. [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30] Since you can't (I assume) own it in NY, you can't buy it anywhere. Here is where I found that info...a thread about somebody from NY wanting to buy a rifle in NH. |
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Posted: 12/11/2014 9:50:02 AM EDT
[#3]
Well that sucks. Thanks for the reply.
Damn those democrats!!! |
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Posted: 12/11/2014 11:13:37 AM EDT
[#4]
You can buy any guns that you like! The ATFE sees you as a dual resident and you will be buying those firearms as a NH resident.
Bring a current tax bill and a couple of utility bills to the gun shop and enjoy your new freedom. |
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Posted: 12/11/2014 11:18:05 AM EDT
[#5]
Quoted:
Apologies if this is the wrong forum. I have recently aquired a second home in NH, and I was wondering if i could legally own and keep an AR-15 in NH even though I am a NY state resident. Thanks! If you are actually residing in the second home, yes you can buy when you are living there. If you never live there (a rental for example) then no. 
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Posted: 12/11/2014 11:30:41 AM EDT
[#6]
Quoted:
If you are actually residing in the second home, yes you can buy when you are living there. If you never live there (a rental for example) then no. http://i839.photobucket.com/albums/zz314/Umbrarian/BATFE/Form4473-ID.jpg Well, there you go... |
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Posted: 12/11/2014 11:31:14 AM EDT
[#7]
Quoted:
If you are actually residing in the second home, yes you can buy when you are living there. If you never live there (a rental for example) then no. This. You're a "resident" of NH while you're residing there. Proving that fact to the satisfaction of a dealer, when you have NY driver's license, may prove to be a challenge, however. I'd bring every piece of paper you have to demonstrate that you own property, have utilities, etc. in NH. If you have any kind of vehicle registered in NH (car, boat, ATV, etc.) bring that registration too. |
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Posted: 12/11/2014 2:22:21 PM EDT
[#8]
Looks like it's covered, but i would just tell you to buy one face to face from someone off armslist, the EE, or something in NH (assuming transactions like that are legal there) and be done with it. Just keep the gun in NH and don't give a damn about what the dealer says if he gives you hell about it.
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Posted: 12/11/2014 2:27:51 PM EDT
[#9]
Quoted: Quoted: If you are actually residing in the second home, yes you can buy when you are living there. If you never live there (a rental for example) then no. This. You're a "resident" of NH while you're residing there. Proving that fact to the satisfaction of a dealer, when you have NY driver's license, may prove to be a challenge, however. I'd bring every piece of paper you have to demonstrate that you own property, have utilities, etc. in NH. If you have any kind of vehicle registered in NH (car, boat, ATV, etc.) bring that registration too. |
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Posted: 12/11/2014 2:33:54 PM EDT
[#10]
Quoted:
Looks like it's covered, but i would just tell you to buy one face to face from someone off armslist, the EE, or something in NH (assuming transactions like that are legal there) and be done with it. Just keep the gun in NH and don't give a damn about what the dealer says if he gives you hell about it. That is illegal. Face-to-face non-FFL transactions are only legal between residents of the same state. |
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Posted: 12/11/2014 4:20:30 PM EDT
[#11]
And the ATF determination of when someone is a resident of a state was addressed above.
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Posted: 12/11/2014 4:49:28 PM EDT
[#12]
Quote HistoryQuoted:
This. You're a "resident" of NH while you're residing there. Proving that fact to the satisfaction of a dealer, when you have NY driver's license, may prove to be a challenge, however. I'd bring every piece of paper you have to demonstrate that you own property, have utilities, etc. in NH. If you have any kind of vehicle registered in NH (car, boat, ATV, etc.) bring that registration too. Quote HistoryQuoted:
Quoted:
If you are actually residing in the second home, yes you can buy when you are living there. If you never live there (a rental for example) then no. This. You're a "resident" of NH while you're residing there. Proving that fact to the satisfaction of a dealer, when you have NY driver's license, may prove to be a challenge, however. I'd bring every piece of paper you have to demonstrate that you own property, have utilities, etc. in NH. If you have any kind of vehicle registered in NH (car, boat, ATV, etc.) bring that registration too. The OP would need something government-issued to prove residency. Something like a CATV bill won't do it, as those are private. A municiple water bill, a real property tax bill, or a vehicle registration would work. The legal side aside, some FFL's won't do the sale without a state DL showing residency. You can see if NH issues a non-driver "state ID" card. |
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Posted: 12/11/2014 5:05:06 PM EDT
[#13]
Quote HistoryQuoted:
That is illegal. Face-to-face non-FFL transactions are only legal between residents of the same state. Quote HistoryQuoted:
Quoted:
Looks like it's covered, but i would just tell you to buy one face to face from someone off armslist, the EE, or something in NH (assuming transactions like that are legal there) and be done with it. Just keep the gun in NH and don't give a damn about what the dealer says if he gives you hell about it. That is illegal. Face-to-face non-FFL transactions are only legal between residents of the same state. MN has a state law that requires permit to purchase for AR type weapons but that doesn't mean it precludes purchase in another state as a rifle. |
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Posted: 12/11/2014 10:30:50 PM EDT
[#14]
Quote HistoryQuoted:
That is illegal. Face-to-face non-FFL transactions are only legal between residents of the same state. Quote HistoryQuoted:
Quoted:
Looks like it's covered, but i would just tell you to buy one face to face from someone off armslist, the EE, or something in NH (assuming transactions like that are legal there) and be done with it. Just keep the gun in NH and don't give a damn about what the dealer says if he gives you hell about it. That is illegal. Face-to-face non-FFL transactions are only legal between residents of the same state. He has dual residency. OP, get an ID for NH. It shows your address and will also show that you have made an effort for your dual residency. ETA- ID is an ID card. You can't get another license, as it will likely void your NY one. |
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Posted: 12/12/2014 2:49:35 AM EDT
[#15]
Quote HistoryQuoted:
That is illegal. Face-to-face non-FFL transactions are only legal between residents of the same state. Quote HistoryQuoted:
Quoted:
Looks like it's covered, but i would just tell you to buy one face to face from someone off armslist, the EE, or something in NH (assuming transactions like that are legal there) and be done with it. Just keep the gun in NH and don't give a damn about what the dealer says if he gives you hell about it. That is illegal. Face-to-face non-FFL transactions are only legal between residents of the same state. Really? I'm actually pretty stunned I didn't know that |
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Posted: 12/12/2014 10:39:36 AM EDT
[#16]
Quote HistoryQuoted:
Yep. Good luck with that. I wouldn't blame an FFL for refusing the sale either, sadly. Quote HistoryQuoted:
Quoted:
Quoted:
If you are actually residing in the second home, yes you can buy when you are living there. If you never live there (a rental for example) then no. This. You're a "resident" of NH while you're residing there. Proving that fact to the satisfaction of a dealer, when you have NY driver's license, may prove to be a challenge, however. I'd bring every piece of paper you have to demonstrate that you own property, have utilities, etc. in NH. If you have any kind of vehicle registered in NH (car, boat, ATV, etc.) bring that registration too. But what would stop you from doing a FTF transaction in New Hampshire? I believe that would be perfectly legal assuming you are also a resident of NH. I am not a lawyer though. |
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Posted: 12/12/2014 10:41:02 AM EDT
[#17]
Quote HistoryQuoted:
That is illegal. Face-to-face non-FFL transactions are only legal between residents of the same state. Quote HistoryQuoted:
Quoted:
Looks like it's covered, but i would just tell you to buy one face to face from someone off armslist, the EE, or something in NH (assuming transactions like that are legal there) and be done with it. Just keep the gun in NH and don't give a damn about what the dealer says if he gives you hell about it. That is illegal. Face-to-face non-FFL transactions are only legal between residents of the same state. But in this scenario, inst he a resident of both states depending on when he is there? Or is it one of the things where you can only have legal residence in one location? |
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Posted: 12/12/2014 10:45:13 AM EDT
[#18]
If you reside in NH in the property you own, for any amount of time ( no minimum defined ) then you have dual residency and are considered a resident of NH while you are there residing. The law does not say you have to own property, it could be a rental, but short term rentals like vacation rentals do not count.
That includes handguns, long guns, FTF, whatever. Just like a full time resident. ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an off- campus location, they are considered residents of the State where the on-campus or off- campus housing is located. Read the whole thing |
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Posted: 12/12/2014 12:38:09 PM EDT
[#19]
Quote HistoryQuoted:
If you reside in NH in the property you own, for any amount of time ( no minimum defined ) then you have dual residency and are considered a resident of NH while you are there residing. The law does not say you have to own property, it could be a rental, but short term rentals like vacation rentals do not count. That includes handguns, long guns, FTF, whatever. Just like a full time resident. Read the whole thing Quote HistoryQuoted:
If you reside in NH in the property you own, for any amount of time ( no minimum defined ) then you have dual residency and are considered a resident of NH while you are there residing. The law does not say you have to own property, it could be a rental, but short term rentals like vacation rentals do not count. That includes handguns, long guns, FTF, whatever. Just like a full time resident. ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an off- campus location, they are considered residents of the State where the on-campus or off- campus housing is located. Read the whole thing Thanks for that info, I swore that the ATF held the position that one could only be a resident of a single state. |
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