Register handgun in MD purchased out of state?

Mr H · Jan 30, 2014

"establishing residency" is the key here

Is "being stationed" the same as "residency?"

oops... SS beat me to it

torched02 · Jan 30, 2014

swinokur said:
Yeah it does matter. It's the law, not some whim of MSP, who is known to reverse themselves on firearms issues. Facts matter.

Statutes cannot be changed on a whim. Unless you're Obama.

MSP is the agency that said HQL's weren't needed to pickup a pre purchased Oct 1 firearm while the AG said you did.

Does it matter? Yes it does.

Chill out dude…….your strung way too tight.

swinokur · Jan 30, 2014

thanks so much for helping me out.

Posting factual info usually works for me though.

:sad20:

Straightshooter · Jan 30, 2014

May I suggest Rum and Coke? Works for me.

JettaRed · Jan 30, 2014

Call the MSP and ask. Be sure to get a name of who you talk to. Or go to a local barrack and ask the duty officer. Notice date, time, and name.

Sent from my iPhone using Tapatalk

Pinecone · Jan 31, 2014

Straightshooter said:
The bigger question is weather or not a military duty assignment is considered " intention to become a resident". If she is returning home after an assignment in Texas that would be a different animal.

No, a military person can claim whatever state they have lived in as their state of residence.

The state they are stationed in, is NOT their state of residency, unless they decide to do to.

This is US law under the Soldiers and Sailors Act.

As such, they pay state income tax in their state of residency, NOT where they are stationed. Small wonder, many claim TX or FL residency.

But when stationed in MD, they can buy handguns, as the BATF considers them a resident for the purpose of purchasing firearms. Not sure about FTF transfers though.

IrishWhiskey · Jan 31, 2014

Straightshooter said:
The bigger question is weather or not a military duty assignment is considered " intention to become a resident". If she is returning home after an assignment in Texas that would be a different animal.

And that is my question. Military personnel are here for a limited time and will move yon completion of tour. They retain residency in their home of record for all other purposes: vehicle licensing, taxation, voting, etc. So, add long add they don't purchase property in the State of Maryland, they shouldn't be considered to have "intention to become a resident."

Straightshooter · Jan 31, 2014

And they aren't considered residents. They do not have to register their firearms because they do not intend to establish residency as the law states.

IrishWhiskey · Jan 31, 2014

Pinecone, looks like we replied simultaneously. I will delve into the Soldier and Sailor Act. I hadn't thought about going that route. I've searched through MD legislation and have yet to find anything stating Military Service Members are not to be considered as "residents" when it comes up firearms law requirements. However, the MSP website DOES state that when it comes to the requirement for residents to apply for handgun licenses, service members are not to be considered "residents".

Now, speaking to the MSP Licensing Department, I was told members of the Military who are stationed in MD and bring a weapon legally purchased out if State "are required to voluntarily register their firearms". The individual stated that if the SM is pulled over while transporting the weapon to/from the range (even if stored according to regulation) they will be stated!

Thoughts?

Straightshooter · Jan 31, 2014

Contact you military AG office. Get their take.

Pinecone · Feb 1, 2014

A military member stationed in MD has the option to become an MD resident or not. That is Federal law.

It dates back to when there were extended residency requirements for things like voting, and a military member could end up never being able to vote.

A military member who does not change their residency does not have to retitle and retag their vehicles. In the past, they did have to get a local driver's license, but IIRC, they only had to take the written test, if even that. Not sure about these days.

I grew up in a military family. My father maintained FL residency (from when he was stationed their) until he retired. I drove FL tagged cars for many years, including for my MD drivers test.

But for firearms PURCHASING, ATF has defined residency for military as the state of their permanent duty station.

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.

Also, in case you were interested:

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.

RoadDawg · Feb 1, 2014

Straightshooter said:
The bigger question is weather or not a military duty assignment is considered " intention to become a resident". If she is returning home after an assignment in Texas that would be a different animal.

IANAL ... But, I do not see anything that requires a person who is stationed in Maryland due to military assignment, to establish "permanent residency".

As long as she maintains an address in her home state... She can say that she does not intend to become a "Maryland resident". If at anytime, she decides to stay and drops her Texas address... then at that point she has 90 days to register. Again... IANAL.

Straightshooter · Feb 1, 2014

Yep, that's my take too.

Pinecone · Feb 3, 2014

You no longer have to maintain an address in your "home" state.

That went away in the late 60s, IIRC. And even then, it did not have to be a property you owned, just an address. My Dad used a friend in FL until the requirement was dropped.

It is no longer the Soldiers and Sailors Relief Act (originally 1918, revised in 1940), it is now the Serviceman's Civil Relief Act (2003).

"Legal Residency," or "domicile", on the other hand refers to the place where a military member intends to return to and live after discharge or retirement, and which they consider their "permanent home." Legal residency determines what local (state) tax laws a military member is subject to, and in which local (city, county, state) elections they may vote in.

Because military members may have "legal residence" in one state, but be stationed in a different state, the Servicemembers Civil Relief Act, allows military members to pay taxes, register vehicles, vote, etc., in their "state of legal residence," rather than the state they are stationed in. This can sometimes result in a tax advantage because several states exempt military pay from state taxes.

It is what they officially claim as their "legal residence."

Depending on their service, and local polcies, an active duty military member can change their "legal residence" by visiting their local base legal office and/or base finance office and completing a DD Form 2058, State of Legal Residence Certificate.

The other location of concern for military is Home of Record, which is where you lived when you entered the military. It has to do with where the military will pay you travel to get to when you leave the military.

Dave · Apr 16, 2015

has SB281 changed any of this? I have a friend moving into MD from VA. He shouldn't have to do anything with his handgun correct?

Pinecone · Apr 16, 2015

Dave said:
has SB281 changed any of this? I have a friend moving into MD from VA. He shouldn't have to do anything with his handgun correct?

Is he active duty military? On assignment? If so, no he does not have to do anything.

If it is NOT active duty military, if he moves to the state for an extended period of time, he WILL become an MD resident, and has 90 days to register ANY handgun or banned firearm. If the banned firearm was purchased on or after 10/1/2013, he MAY NOT bring it into the state at all.

Dave · Apr 16, 2015

no he's not military and it was purchased after 10/1/13, but it's a handgun, not a banned rifle.

Pinecone · Apr 18, 2015

Then if he is moving here and will be in the state more than 185 days per year, he establishes residency and needs to register his handguns.

And any formerly regulated, now banned, long guns that were purchased prior to 10/1/13.

Dave · Apr 20, 2015

gotcha. does that mean he would need to get a HGL?

Pinecone · Apr 20, 2015

No, HQL if for PURCHASE.

He has already purchased them.

Register handgun in MD purchased out of state?

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