Two Places of Residence (States)...Where Can I Take My Pistols?

Cold Steel · Nov 20, 2010

My "home" has always been in Arlington, Virginia, and I've always considered myself a Virginian in exile in a horrible state where I'm stuck. The gun buying process is so ridiculous in Maryland that I only now buy or trade with private sellers/buyers.

QUESTION: Is there any problem transporting my guns to Virginia or leaving my guns there, and not here? One of my guns was registered in Virginia...can I keep it there?

This is the home I've grown up in, and my parents are too old to use them or to even operate the safe. What's the story?

QUESTION: Does Maryland keep all the registration data it collects...forever? I assume, if the occasion arises, that they would want to know where all the guns are in the states...right?

Thanks!

.

Goldengoose · Nov 20, 2010

Your state of residence is what your driver's license reflects, then those are the laws you should follow for that state. And the handguns you purchased in Virginia don't have to be registered in Maryland only handguns purchased in Maryland if you live in Maryland. And if you buy a gun in Maryland and live in Virginia you must transfer the gun to a FFL in Virginia for pick up. And of course all regulated firearms must be registered in either state. As far as the registration data being kept that is another topic in it's self, the dealer's only keep it for few years and from what I have heard Maryland has no formal filing system after a few years?????? So I am going to guess nothing is forever, until a weapon is used in a crime and recovered or confiscated and that data goes to data base that remains as long as there are computers.....But what do I know these are only conjectures on my part.

Rattlesnake46319 · Nov 20, 2010

Cold Steel said:
My "home" has always been in Arlington, Virginia, and I've always considered myself a Virginian in exile in a horrible state where I'm stuck. The gun buying process is so ridiculous in Maryland that I only now buy or trade with private sellers/buyers.

QUESTION: Is there any problem transporting my guns to Virginia or leaving my guns there, and not here? One of my guns was registered in Virginia...can I keep it there?

This is the home I've grown up in, and my parents are too old to use them or to even operate the safe. What's the story?

No problems. See "peaceable journey". Unlike IL or NJ, VA won't hammer you for possessing a firearm, regardless of residence. Obviously, carry laws apply, but as far as transportation and storage, no issues.

QUESTION: Does Maryland keep all the registration data it collects...forever? I assume, if the occasion arises, that they would want to know where all the guns are in the states...right?

MD has NO registration....technically. MSP says they don't keep the information from the Form 77, but who knows. In any case, there is no registration requirement for firearms in MD. Example: I purchased a few firearms as an Indiana resident and brought them with me to Maryland when I was stationed at Ft Meade. The only firearm that MSP would have "registration" of would be a lower I purchased in MD while stationed at Meade. Everything else I own only required a 4473.

Thanks!

.

Hope this helps.

OnTarget · Nov 20, 2010

According to he Feds...

Quote:
State of residence. The State in which
an individual resides. An individual resides
in a State if he or she is present in a State
with the intention of making a home in that
State. If an individual is on active duty as a
member of the Armed Forces, the individual's
State of residence is the State in
which his or her permanent duty station is
located. An alien who is legally in the
United States shall be considered to be a
resident of a State only if the alien is residing
in the State and has resided in the
State for a period of at least 90 days prior
to the date of sale or delivery of a firearm.
The following are examples that illustrate
this definition:

Example 1. A maintains a home in
State X. A travels to State Y on a hunting,
fishing, business, or other type of trip. A
does not become a resident of State Y by
reason of such trip.

Example 2. A is a U.S. citizen and
maintains a home in State X and a home
in State Y. A resides in State X except for
weekends or the summer months of the
year and in State Y for the weekends or
the summer months of the year. During
the time that A actually resides in State X,
A is a resident of State X, and during the
time that A actually resides in State Y, A is
a resident of State Y.

Home ownership in each state is the important factor.

Goldengoose · Nov 20, 2010

OnTarget said:
According to he Feds...

Quote:
State of residence. The State in which
an individual resides. An individual resides
in a State if he or she is present in a State
with the intention of making a home in that
State. If an individual is on active duty as a
member of the Armed Forces, the individual's
State of residence is the State in
which his or her permanent duty station is
located. An alien who is legally in the
United States shall be considered to be a
resident of a State only if the alien is residing
in the State and has resided in the
State for a period of at least 90 days prior
to the date of sale or delivery of a firearm.
The following are examples that illustrate
this definition:

Example 1. A maintains a home in
State X. A travels to State Y on a hunting,
fishing, business, or other type of trip. A
does not become a resident of State Y by
reason of such trip.

Example 2. A is a U.S. citizen and
maintains a home in State X and a home
in State Y. A resides in State X except for
weekends or the summer months of the
year and in State Y for the weekends or
the summer months of the year. During
the time that A actually resides in State X,
A is a resident of State X, and during the
time that A actually resides in State Y, A is
a resident of State Y.

Home ownership in each state is the important factor.

Don't forget all the IRS implications that come with what you just quoted you have to choose one state or the other for tax purposes not two different states.

Inigoes · Nov 20, 2010

Goldengoose said:
Don't forget all the IRS implications that come with what you just quoted you have to choose one state or the other for tax purposes not two different states.

That's apples and oranges.

Don't worry, the states make up for taxing the crap out of the secondary residence. :sad20:

Goldengoose · Nov 20, 2010

Inigoes said:
That's apples and oranges.

Don't worry, the states make up for taxing the crap out of the secondary residence.

It's not apples and oranges if you are doing any kind of NFA paperwork, because any issue with tax returns will keep you from getting approval on SBR's, AOW's, suppressors.....your right about being taxed on a second home but you have to choose your primary residence address can't be two different properties, it will cause an audit down the road.

Minuteman · Nov 21, 2010

During the hearings last state legislative session, I recall a trooper testify that they keep the records regarding gun sales indefinitely. Want to say they have them back 40-50 years maybe longer.

Side note: he also stated he knew of no documented "straw purchase".

Threeband · Nov 21, 2010

Maryland shouldn't have access to 4473s- the federal form you fill out when you buy an unregulated rifle or shotgun ("Cash and Carry").

When you buy a regulated firearm,(any handgun and certain scary looking long guns), you fill out state forms, pay an extra $10 fee, and have to wait 7 or more days to take your purchase home.

You can be certain Maryland does keep those records- O'Malley even brags about it. And they map the location of your home.

http://www.mdshooters.com/showthread.php?t=15643&highlight=GIS

http://www.mdshooters.com/showthread.php?t=15976

traveller · Nov 26, 2010

2 states

Similar question:

I am a resident of South Dakota, I own a second home in Maryland and spend a fair amount of time there while on business in the state.

SD is pretty liberal with handguns, nothing that goes beyond the federal requirements for ownership and transfer. Now, does anyone here have an educated guess as to what the legalities would be to keep one of the handguns I already own at my home in Maryland (and to occasionally take it to the range here) ?

mica · Nov 26, 2010

You do NOT have 2 places of residence(legally) because you grew up in Arlington and your parents still live there. Legally you cannot take guns from Maryland and leave them at your parents house in Virginia without a legal transfer through an FFL.

If you do fall into the Example 2 above and have 2 legal residences then go for it.

wilcam47 · Nov 26, 2010

unless you have a VA license....military I have 2 residencies one in TX and one in MD...another thing is what the feds dont know wont hurt them....if you keep your firearms locked up at your parents house then no one really needs to know but you and your parents...

montoya32 · Nov 26, 2010

Cold Steel said:
My "home" has always been in Arlington, Virginia, and I've always considered myself a Virginian in exile in a horrible state where I'm stuck. The gun buying process is so ridiculous in Maryland that I only now buy or trade with private sellers/buyers.

QUESTION: Is there any problem transporting my guns to Virginia or leaving my guns there, and not here? One of my guns was registered in Virginia...can I keep it there?

This is the home I've grown up in, and my parents are too old to use them or to even operate the safe. What's the story?

QUESTION: Does Maryland keep all the registration data it collects...forever? I assume, if the occasion arises, that they would want to know where all the guns are in the states...right?

Thanks!

.

What state do you file taxes in? This might dictate your residency.

Andras · Nov 27, 2010

traveller said:
Similar question:

I am a resident of South Dakota, I own a second home in Maryland and spend a fair amount of time there while on business in the state.

SD is pretty liberal with handguns, nothing that goes beyond the federal requirements for ownership and transfer. Now, does anyone here have an educated guess as to what the legalities would be to keep one of the handguns I already own at my home in Maryland (and to occasionally take it to the range here) ?

No problems with it.

traveller · Nov 27, 2010

Andras said:
No problems with it.

So I'll either take one with me in the car (locked case, unloaded etc.) or take it as checked luggage in a Pelican case with a padlock.

All of the Maryland hubub seems to be about 'transfers' and new gun sales. If I was to move my residence to MD (get the drivers license, file taxes as resident), and bring the remainder of my handguns, would I have to register them with MSP ?

Andras · Nov 27, 2010

No. As long as it isn't a banned by name "Assault Pistol" or a machinegun. Only MGs have to be registered annually with the MSP.

traveller · Nov 28, 2010

Andras said:
No. As long as it isn't a banned by name "Assault Pistol" or a machinegun. Only MGs have to be registered annually with the MSP.

Thanks.

One more thing. I noticed that MD has this 'handgun roster'. Does that only apply to handguns that are sold in the state or would it be unlawful to bring a 'off-roster' handgun into the state if one already owns it. I have one that I really like, but the particular version of frame and trigger is not on the roster. I would hate to sell it.

Pushrod · Nov 29, 2010

traveller said:
Thanks.

One more thing. I noticed that MD has this 'handgun roster'. Does that only apply to handguns that are sold in the state or would it be unlawful to bring a 'off-roster' handgun into the state if one already owns it. I have one that I really like, but the particular version of frame and trigger is not on the roster. I would hate to sell it.

That is for new purchases in the State. Your good to go as far as bringing it to your new home, as long as it is not one of the 'banned' assault pistols.

traveller · Nov 29, 2010

Pushrod said:
That is for new purchases in the State. Your good to go as far as bringing it to your new home, as long as it is not one of the 'banned' assault pistols.

It'll assault you allright, but not without some help

Just looks like nobody has gone through the paperwork to get compact version approved.

Two Places of Residence (States)...Where Can I Take My Pistols?

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