Part-time MD Resident Inter-Family Transfer Question

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Stevie Boy

    Ultimate Member
    May 2, 2011
    1,060
    Naples, FL and Ocean Pines, MD
    I’m interested in transferring/gifting some non-regulated hunting rifles/shotguns to my two sons. Here are my circumstances that may or may not affect how I handle these transactions.

    I am now officially a citizen/resident of Florida (6+ months a year) but maintain a residence in Maryland (<6 months a year). We still hold title to the MD home. I have several rifles/shotguns that are still In Maryland and have not been relocated to Florida even temporarily. One son lives in Maryland and one in Connecticut. From what I understand, The CT son is easy, anything I do, whether from Florida or Maryland, has to go through an FFL for him. But, please, correct me if I’m wrong.

    For my MD son, if I can do this easily, I’d like to do so before October 1 while I am “residing” in Maryland for the summer.

    Under the circumstances I outlined above, can I do this without going through an FFL in MD?

    I haven’t returned to Maryland yet for the summer or I would simply ask a local FFL. I figured I’d ask the brain trust here for some guidance.
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    You’re a bona fied FL resident. Must use FFL. It’s not where you are “residing” it’s your residency which can only be one place at one time.
     

    newmuzzleloader

    Ultimate Member
    MDS Supporter
    Apr 14, 2009
    4,765
    joppa
    Sounds like you should have given the son in Md the guns while you yourself were still a resident of Md.
    As long as these are unregulated long guns they could have been gifted to family at any time you were both Md residents and just stored at your house until the son had a place to store them safely at his own home.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    You’re a bona fied FL resident. Must use FFL. It’s not where you are “residing” it’s your residency which can only be one place at one time.

    This. To make it easier, it would be what state you are filing your taxes with as your residence. Which normally would also be where your DL is issued from.

    So no, it isn’t where your butt is planted. Sorry.
     

    Stevie Boy

    Ultimate Member
    May 2, 2011
    1,060
    Naples, FL and Ocean Pines, MD
    This. To make it easier, it would be what state you are filing your taxes with as your residence. Which normally would also be where your DL is issued from.

    So no, it isn’t where your butt is planted. Sorry.

    Well, I do have a FL driver's license and there are no FL income taxes to pay so I guess I'm playing (paying) with house money. Was just hoping it owuld be easier since the guns have always stayed in MD. Not a big deal at the end of the day, just a little more work on my end.

    Thanks to all for the guidance. I'd just as soon get it right the first time.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    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 offcampus location, they are considered residents of the State where the on-campus or offcampus housing is located.

    According to the ATF, if you own residences in two states. You are a resident of the one you are residing in at the time.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,172
    Outside the Gates
    If you have 2 drivers licenses you might be able to get away with it. Pretty sure DL info is required
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    If you have 2 drivers licenses you might be able to get away with it. Pretty sure DL info is required

    Nope. DL from your legal state of residence, and proof of address in the other state you reside

    I did this several times in the military.
     

    ken792

    Ultimate Member
    Sep 2, 2011
    4,480
    Fairfax, VA
    If you have 2 drivers licenses you might be able to get away with it. Pretty sure DL info is required

    See the instructions for questions 2, 18a, and 18b on the Form 4473 for what's required when dual residents buy from an FFL. I know people with houses in multiple states who do it all the time by showing a property tax bill as the supplemental form of ID.
     

    newmuzzleloader

    Ultimate Member
    MDS Supporter
    Apr 14, 2009
    4,765
    joppa
    If you have 2 drivers licenses you might be able to get away with it. Pretty sure DL info is required

    Nope. DL from your legal state of residence, and proof of address in the other state you reside

    I did this several times in the military.

    See the instructions for questions 2, 18a, and 18b on the Form 4473 for what's required when dual residents buy from an FFL. I know people with houses in multiple states who do it all the time by showing a property tax bill as the supplemental form of ID.


    From what I read the OP ( it reads like he 's a snowbird ) was asking about gifting long guns that are still at his home in Md to a son who lives in Md. and one who now lives in Ct. Not if he himself could purchase a gun while living in Md. Perhaps I'm reading it wrong. :shrug:

    If it were me and they are like you say I would give my personal property to the boys if they wanted it. The Gov't has no business getting in your family business. But that's just me, the older I get the more pissed off I get about beauracrats sticking their nose into every aspect of my life. YMMV
     

    ken792

    Ultimate Member
    Sep 2, 2011
    4,480
    Fairfax, VA
    From what I read the OP ( it reads like he 's a snowbird ) was asking about gifting long guns that are still at his home in Md to a son who lives in Md. and one who now lives in Ct. Not if he himself could purchase a gun while living in Md. Perhaps I'm reading it wrong. :shrug:

    Yeah, but that's an example of how ATF considers dual residency and replying to Mark75H saying that a driver's license is required to be a resident of that state for firearm purposes
     

    Stevie Boy

    Ultimate Member
    May 2, 2011
    1,060
    Naples, FL and Ocean Pines, MD
    From what I read the OP ( it reads like he 's a snowbird ) was asking about gifting long guns that are still at his home in Md to a son who lives in Md. and one who now lives in Ct. Not if he himself could purchase a gun while living in Md. Perhaps I'm reading it wrong. :shrug:

    If it were me and they are like you say I would give my personal property to the boys if they wanted it. The Gov't has no business getting in your family business. But that's just me, the older I get the more pissed off I get about beauracrats sticking their nose into every aspect of my life. YMMV

    You read it correctly. I realize the CT issue is pretty clear cut. Looks like I'll have to check with a local FFL when I get back in town re: Maryland. It's worth a "shot" (pun intended) to find out.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,172
    Outside the Gates
    You read it correctly. I realize the CT issue is pretty clear cut. Looks like I'll have to check with a local FFL when I get back in town re: Maryland. It's worth a "shot" (pun intended) to find out.

    I can't find the emojie where my head spins around in circles. If there was one FFL I would not ask ...
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,009
    Harford County
    If it were me and they are like you say I would give my personal property to the boys if they wanted it. The Gov't has no business getting in your family business. But that's just me, the older I get the more pissed off I get about beauracrats sticking their nose into every aspect of my life. YMMV

    That's exactly how I feel. I have never seen the need to involve the state in personal family business.
    What's the first rule of giving a gun to one of your kids club?
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,690
    SSS; Same concept, different circumstances.

    The downtrodden in NY and CT seem to have adopted this policy to a great extent.

    Some still hold the belief that there may be a Higher Law; the State is continually working on that problem.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    You read it correctly. I realize the CT issue is pretty clear cut. Looks like I'll have to check with a local FFL when I get back in town re: Maryland. It's worth a "shot" (pun intended) to find out.

    Yes, CT needs to go through an FFL. FFL could be in MD, CT, or even FL. As long as the recipient is present at the FFL for the transfer. You can ship the firearm to the FFL if they will accept it.

    For the MD transfer, while you are residing in MD, you can do a FTF, at least until Sept 30, 2020, assuming the bill gets signed.

    Or, you could also do the transfer through an FFL if it makes you feel better.
     

    Stevie Boy

    Ultimate Member
    May 2, 2011
    1,060
    Naples, FL and Ocean Pines, MD
    Yes, CT needs to go through an FFL. FFL could be in MD, CT, or even FL. As long as the recipient is present at the FFL for the transfer. You can ship the firearm to the FFL if they will accept it.

    For the MD transfer, while you are residing in MD, you can do a FTF, at least until Sept 30, 2020, assuming the bill gets signed.

    Or, you could also do the transfer through an FFL if it makes you feel better.

    That's the way I see it as well. However, the CT requirements look to be draconian. It looks like he needs a "Long Gun Eligibility Certificate" to purchase or receive a long gun (there's a separate one for handguns), then we would need to complete/file a "Transfer" form. I'm suddenly feeling less generous. Since we hunt in a state other than CT, I think he's just going to borrow his hunting rifle for awhile.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,921
    Messages
    7,258,988
    Members
    33,349
    Latest member
    christian04

    Latest threads

    Top Bottom