Out of State Handgun Purchase

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  • Feb 28, 2013
    28,953
    If you are officially a Maryland resident, as in you have a MD Drivers License not a Florida one, you cannot buy a handgun in Florida and walk out with it. It will have to be shipped to MD before it can be transferred to you.

    True, but he CAN pay for it, and take the mags with him.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    To any attorneys haunting the forums: a lot of "snow birds" move between northern and southern states seasonally. What criteria determines which jurisdiction is established as residency? Is it user option, assuming one own property in both states?

    More than half the year in one state or the other.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    When I was in Florida at Basspro and the Ft Myers gun show this is what they stated. As long as you own property in Florida and show them a property tax bill they will sell you a handgun. Your considered to have dual residency. Although there is a three day waiting period. However if you have a Florida non resident CCW you can walk out the same day with your purchase. I have seen this occur and neither place asked for a Florida drivers license.

    Read the BATFE FAQ. This is NOT legal.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Your missing the point, for purposes of purchasing a firearm in Florida they have dual residency. You are not a resident of Florida but own property in Florida. I have seen this in action - all you need to do is show a property tax bill and they will sell you a firearm. Which they did, no proof of permanent residency. If you have the non resident CCW you walk out the door - seen this occur multiple times.

    May be Federal offence for both the FFL and the buyer. You have to actually reside in the second state for part of the year, and only buy during that time period.

    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. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

    Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?
    If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.
     

    Bald Fat Guy

    Active Member
    Oct 7, 2014
    418
    Or to throw still another twist upon the situation :

    IF you could succuessfully a Fla residency while you are doing the seasonal thing there , then when you return to Md , you would be establishing a NEW residency in Md. And within 30day you would have to register ALL your handguns and evil rifles. Each time you rotate your residency.
     

    Sprta

    Member
    Jan 5, 2014
    34
    Eastern Shore
    I agree (simply owning a property in another state does not qualify the person to purchase a handgun in that state) my point is they (the seller) only asked for the property tax bill not any other information regarding residency since I suspect if you are now in Florida your residing at the location on the tax bill.
    As I stated handgun sales based on only showing a tax bill occurred at both BassPro and the Ft Myers gun show, I would assume they know the Federal and State regulations.
    At the Ft Myers gun show you show them the tax bill they make a call to the state, pay for the handgun, and if you have a non resident CCW you leave with the firearm.
     

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