Buying a prohibited "assault weapon" as a Marylander... Question

[wpage]

With laws changing every day. Its going to be difficult to keep up with the lawyers and politicians.

They make money and get elected on this issue.

 

[Blacksmith101]

Support Maryland Shall Issue and get these unconstitutional laws changed.

Link:

Self Defense is a Civil Right

Maryland Shall Issue® (MSI) is an all-volunteer, non-partisan organization dedicated to the preservation and advancement of gun owners' rights in Maryland. It seeks to educate the community about the right of self-protection, the safe handling of firearms, and the responsibility that goes with...

www.marylandshallissue.org

 

[Cool_Moo5e]

so first things first I am not a lawyer but as someone whose DL says MD but owns land in MD and PA I can tell you they do not care if you own 30 feet of land in MD and 3000 acres in PA if your residency is Maryland you fall under Maryland law when it comes to buying guns.

 

[erwos]

so first things first I am not a lawyer but as someone whose DL says MD but owns land in MD and PA I can tell you they do not care if you own 30 feet of land in MD and 3000 acres in PA if your residency is Maryland you fall under Maryland law when it comes to buying guns.

Not quite as simple as that. If you have dual residency (as defined by the ATF, not the IRS), you can actually buy MD prohibited guns in PA so long as you don't bring them into MD.

 

[Cool_Moo5e]

Not quite as simple as that. If you have dual residency (as defined by the ATF, not the IRS), you can actually buy MD prohibited guns in PA so long as you don't bring them into MD.

For that does your property need to be in one location or can I let's say have Chester county land and Harford? The Chester County is all crop and woods because I think I've tried before but I may have jacked it up or been denied for no livable structure being PA side.

edit: nope I can't for my situation due to the PA land just being cropland with no home on it https://www.atf.gov/firearms/qa/may...roperty-another-state-purchase-firearm-either

Time to cough up 30k for the cabin home I wanted to build

 

[Doctor_M]

I think there are requirements for you actually living there a portion of the year... it isn't just owning land.

 

[adit]

I think there are requirements for you actually living there a portion of the year... it isn't just owning land.

This. You have to be living there, even if it is for 2 or 3 months. Some FFLs will still tell you to GTFO.

 

[Inigoes]

For that does your property need to be in one location or can I let's say have Chester county land and Harford? The Chester County is all crop and woods because I think I've tried before but I may have jacked it up or been denied for no livable structure being PA side.

edit: nope I can't for my situation due to the PA land just being cropland with no home on it https://www.atf.gov/firearms/qa/may...roperty-another-state-purchase-firearm-either

Time to cough up 30k for the cabin home I wanted to build

Not just a cabin, you need to establish a residence. Electric, water, mail the whole nine yards.

 

[Cool_Moo5e]

Not just a cabin, you need to establish a residence. Electric, water, mail the whole nine yards.

yes, it will be a livable cabin-style home, not a shack.

 

[erwos]

yes, it will be a livable cabin-style home, not a shack.

You still need to actually live there for whatever the timeframe is that the ATF specifies. Like, I can't build a house on my land in PA, never live there, and then go buy a bunch of Uzi Pistols in PA.

 

[Cool_Moo5e]

You still need to actually live there for whatever the timeframe is that the ATF specifies. Like, I can't build a house on my land in PA, never live there, and then go buy a bunch of Uzi Pistols in PA.

Yep and unfortunately the ATF does not give a time frame like 90 days or one month

 

[erwos]

Yep and unfortunately the ATF does not give a time frame like 90 days or one month

Pretty much. The way they do it now is basically "you can buy while you're physically staying there, but it can't be for a night or two". I assume that if I bought a place out in WV, lived there for five nights at a time during the week during the spring/summer, but spent the weekends back home, that would work out. (But be wary of IRS tax implications...)

 

[Allen65]

Not just a cabin, you need to establish a residence. Electric, water, mail the whole nine yards.

It doesn't have to be a permanent structure; a camping trailer will do just fine as long as it has cooking, sleeping, heating, and sanitary facilities, along with the necessary supporting utilities. My sister and BIL bought a beat-up old camper to establish residency on some land they bought in WI while they took their time actually building their house because it got them out of the tax hell that is IL.

 

[Allen65]

Pretty much. The way they do it now is basically "you can buy while you're physically staying there, but it can't be for a night or two". I assume that if I bought a place out in WV, lived there for five nights at a time during the week during the spring/summer, but spent the weekends back home, that would work out. (But be wary of IRS tax implications...)

State tax implications would be a bigger concern than Federal. Someone could end up paying tax on the same income in two different states, and no matter what you may have to file in both states even if you don't owe any net tax.

 

[Cool_Moo5e]

Pretty much. The way they do it now is basically "you can buy while you're physically staying there, but it can't be for a night or two". I assume that if I bought a place out in WV, lived there for five nights at a time during the week during the spring/summer, but spent the weekends back home, that would work out. (But be wary of IRS tax implications...)

Yeah I am sure a few consecutive nights will work and yes taxes will be interesting.