MD in resident in FL, buying a gun

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  • kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Florida used to interpret their law as allowing long gun purchases to residents or adjacent states only. That was changed by then-Attorney General Pam Bondi about 10 years ago. Maybe that shop is basing it on old information? I still have a copy of her letter clarifying the law somewhere...

    GCA 68 only allowed long gun purchases in adjacent states, IF the home state had a law specifically allowing this.

    49 states passed laws allowing this, only DE did not.

    FOPA 86 removed the adjacent state limit and the requirement for a state law allowing this.

    But, in 1968, a number states passed laws allowing out of state long gun purchase ONLY in adjacent states. So they had to revise those laws to allow in any state.

    Some did not do so until not long ago, over 20 years after the change in Federal law. I think also, in many cases, FFLs in other states did not realize that in XX state, the residents were limited to adjacent states.

    Not sure about FL about selling to only adjacent states, as that was never a provision in the GCA 68. But they could have written their law that way.
     

    elbaz

    Member
    May 17, 2012
    83
    Cockeysville
    Pennsylvania was on the shops list of acceptable states, so I don’t think it was an adjacent states. I’m going to try a different shop this weekend.


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    Mightydog

    Ultimate Member
    MDS Supporter
    Well now it seems it’s easier than buying alcohol in West Virginia!
     

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    Stevie Boy

    Ultimate Member
    May 2, 2011
    1,060
    Naples, FL and Ocean Pines, MD
    Doesn't help your situation OP, but wouldn't it make your life easier if you were a FL resident who lived part time in MD?

    This describes me. We bought last April after renting for 3 months (and the last few winters). Got my CC permit while I was there. Went back over the summer to do some more home setup and bought my carry pistol (what HQL?) and then bought a new hunting rifle last fall.

    Did someone mention no income taxes? :party29:
     

    Matlack

    Scribe
    Dec 15, 2008
    8,557
    Doesn't help your situation OP, but wouldn't it make your life easier if you were a FL resident who lived part time in MD?

    He is a part time renter. He would need to buy property or make a year lease.

    He would also need to live 183 days in FL each year to be considered a resident. Although I dont think anyone, outside the St. of MD, cares. Maryland is a pain in the AXX about proving residency in another state and giving up their tax dollars. They will fight you tooth and nail over it. I have been trying to get my parents to set up residency in FL for years.
     

    cstone

    Active Member
    Dec 12, 2018
    842
    Baltimore, MD
    He is a part time renter. He would need to buy property or make a year lease.

    He would also need to live 183 days in FL each year to be considered a resident. Although I dont think anyone, outside the St. of MD, cares. Maryland is a pain in the AXX about proving residency in another state and giving up their tax dollars. They will fight you tooth and nail over it. I have been trying to get my parents to set up residency in FL for years.

    Like you said, buy or annual lease. You would need to be pretty wealthy for MD to try to make a case for 182 vs 183 days out of the state. Since we moved back to MD, I have been considering a second (or primary residence) property in either FL or TX, and I am absolutely certain that I would be in MD for less than 160 days every year even though we own a house here. Where I spend the rest of my year would be very difficult for anyone to determine.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Like you said, buy or annual lease. You would need to be pretty wealthy for MD to try to make a case for 182 vs 183 days out of the state. Since we moved back to MD, I have been considering a second (or primary residence) property in either FL or TX, and I am absolutely certain that I would be in MD for less than 160 days every year even though we own a house here. Where I spend the rest of my year would be very difficult for anyone to determine.

    Not necessarily.

    MD tells you to prove you spent more time out of the state, and if not, they assess you for State income tax.

    If you don't pay, they attach your property.

    We had friends move to DE for 185 days per year. They had to document each day until they finally sold their MD house.
     

    elbaz

    Member
    May 17, 2012
    83
    Cockeysville
    So other the 183 days, any other consideration in moving my official residence, like mortgage interest?


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