MD resident with out of state license wants to buy regulated firearm

Boondock Saint · Apr 12, 2010

Is it possible? The person in question isn't here on active duty, just a civilian who hasn't gotten around to changing their license. They can prove residency with a copy of their lease, utility bills, etc. What say you?

Calengor · Apr 12, 2010

If they can prove residency, they just need to go to the DMV and get their MD license. Probably easier than getting a dealer to sell them a regulated weapon going through all that trouble, not to mention the fact that it still has to go through MSP, who may not like the fact that the person hasn't gotten their license, which you're supposed to do w/in 45 days of moving into the state. I had a similar situation when I bought my first gun, and I just got my license taken care of THEN bought the gun.

Markp · Apr 12, 2010

They probably need to have an MD ID of some kind... legally they may not (I would have to re-read the statute) but this is one of those things that I think most FFL's would shy away from. They need to have a valid ID, doesn't have to be a MD ID in order to prove residency. There are people who don't drive, who have nothing but a birth cert, SS card, and a passport.

Mark

Ab_Normal · Apr 12, 2010

Boondock Saint said:
Is it possible? The person in question isn't here on active duty, just a civilian who hasn't gotten around to changing their license. They can prove residency with a copy of their lease, utility bills, etc. What say you?

Yes, they will need an acceptable picture ID to prove who they are and also some other documentation to prove residency - utility bills, rental/lease statements, etc.. Call around to different dealers to see what they say. And YES it is legal as long as they are residing in MD. when the purchase is made.

erwos · Apr 12, 2010

Markp said:
They probably need to have an MD ID of some kind... legally they may not (I would have to re-read the statute) but this is one of those things that I think most FFL's would shy away from. They need to have a valid ID, doesn't have to be a MD ID in order to prove residency. There are people who don't drive, who have nothing but a birth cert, SS card, and a passport.

This. Probably legal, but good luck finding a dealer who will play ball.

Papi4baby · Apr 12, 2010

Im pretty sure you wont be able to do it with an out of state ID.

MDFF2008 · Apr 13, 2010

Yeah, you have to have the license of the state your buying the regulated gun in unless your a military active duty person.

Ab_Normal · Apr 13, 2010

gprimr1 said:
Yeah, you have to have the license of the state your buying the regulated gun in unless your a military active duty person.

Or a legal alien and have 90 days worth of documentation to prove residence.

Hawkeye · Apr 13, 2010

gprimr1 said:
Yeah, you have to have the license of the state your buying the regulated gun in unless your a military active duty person.

Not about 8 or 9 years ago you didn't.

After I moved to MD when I finished college, I bought my first three or four pistols on a NY drivers license and proof of MD residency. This was at both Continental and a shop that I forget the name of in North East.

Inigoes · Apr 13, 2010

Acceptable forms of identification

We have received many questions concerning the types of documentation necessary to establish the residency of an alien purchaser. Many licensees have asked ATF whether the required photo identification provides adequate
proof of residency where an alien firearms purchaser obtained the identification document from a State within 90 days of the sale of the firearm. It is ATF’s position that while such a document satisfies the photo identification requirement, it is not sufficient to meet the separater equirement that the purchaser establish that he or she has resided in a State for at least 90 days.

ATF understands that not every alien firearms purchaser will be able to provide utility bills or a lease agreement in his or her own name. Other
forms of documentation will be considered acceptable, as long as such documentation shows “the residence address of the purchaser and establishes that the purchaser has resided at that address for a period of at least 90 days.

Acceptable forms of documentation include:

Lease agreements covering the relevant

time period

Utility bills

Credit card statements

Postmarked United States mail addressed to the purchaser at his or her residence (e.g., magazine subscriptions)

Pay stubs or other documentation from the purchaser’s place of employment showing the residence address

Licensees who have questions concerning the sufficiency of specific forms of documentation should contact the Firearms and Explosives Operations Branch at (202) 927-8310.

http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-1997-08.pdf

Boondock Saint · Apr 13, 2010

Inigoes, you are the man. :thumbsup:

OnTarget · Nov 20, 2010

Inigoes said:
http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-1997-08.pdf

Inigoes: Is the point being made here that the acceptable forms of residency stated above (like utility bills, lease agreements, etc.) in the ATF publication not only apply to aliens, but also apply to US citizens that reside in a state,say, MD, but don't have a driver's license or St. Photo ID from the state of MD? Translating, other forms of ID are acceptable besides just a driver's license/photo ID for the purchase of regulated firearms.
Do I understand this correctly?

Inigoes · Nov 20, 2010

OnTarget said:
Inigoes: Is the point being made here that the acceptable forms of residency stated above (like utility bills, lease agreements, etc.) in the ATF publication not only apply to aliens, but also apply to US citizens that reside in a state,say, MD, but don't have a driver's license or St. Photo ID from the state of MD? Translating, other forms of ID are accepable besides just a driver's license/photo ID for the purchase of regulated firearms.
Do I understand this correctly?

The point was, alternative forms of ID that is allowed.

OnTarget · Nov 20, 2010

Inigoes said:
The point was, alternative forms of ID that is allowed.

How about this: The point was, alternative forms of ID that is allowed [for aliens, which can also be applied to non-aliens.]

Goldengoose · Nov 20, 2010

You have about a 25% chance of it going through MSP without a Maryland's diver's license, I wouldn't even try until you get your Maryland License. That is the main ID they are looking for, or Maryland picture ID from the MVA. Your in Maryland and MSP control the approval process when it comes to which ID they accept....I can count on one hand the number of people that have done it and some had to appeal it after they where disapproved.

XRider · Nov 21, 2010

Here is another wrinkle to this question. If the following (taken from this thread http://www.mdshooters.com/showthread.php?t=46795 ) is true then, if I also own a home in another state, whenever I am staying there I should be considered a resident and therefore eligible to purchase a handgun in that state. Since you can no longer get valid licenses from multiple states how could a license be required ID?

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.

MD resident with out of state license wants to buy regulated firearm

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