Moving from MD and then back again?

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  • NIK

    Active Member
    Jul 31, 2012
    127
    MD
    Hey guys, I have a question... I'm a longtime MD resident and have some of the guns on the current "bad" list that are grandfathered in since I bought em 10+ years ago, namely the M1A and an M4gery with the evil non-HBAR barrel.

    I got a job offer in Richmond. I will not uproot my family for the move, so I may get a condo or something in VA and split my time between MD and VA. Here's my question... If I get a VA license, will my rifles become illegal (or subject to registration by MSP) even though they never moved from my safe?
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    If you establish residency in VA, then, IANAL, they would become illegal when youmove back to MD and reestablish residency here.

    But if, you can spend at least 185 days a year in MD (weekends, holidays, vacation, telework), you would not have to establish VA residency, and then they would stay legal.

    Or, just move the family to Richmond and become a resident/citizen of the United States of America.
     

    protegeV

    Ready to go
    Apr 3, 2011
    46,880
    TX
    If you establish residency in VA, then, IANAL, they would become illegal when youmove back to MD and reestablish residency here.

    But if, you can spend at least 185 days a year in MD (weekends, holidays, vacation, telework), you would not have to establish VA residency, and then they would stay legal.

    Or, just move the family to Richmond and become a resident/citizen of the United States of America.

    :thumbsup:
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    If they were possessed before 10-1-13, you'd only need to register them when moving back, they wouldn't be illegal. But

    IANAL.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,463
    Were they Maryland registered sales?

    If so, they will always be on record as being purchased by you.

    No need to renew the registration when moving back.

    IANAL
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    The technicality is that if he moves to VA and is a VA resident and then moves back, he is re-establishing residency in MD. AFAIK the statute doesn't make exceptions for previous residents or MSP recorded sales.. The fact that MSP has a record of the sale seems irrelevant as far as residency goes.

    But IANAL or LE.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,463
    The technicality is that if he moves to VA and is a VA resident and then moves back, he is re-establishing residency in MD. AFAIK the statute doesn't make exceptions for previous residents or MSP recorded sales.. The fact that MSP has a record of the sale seems irrelevant as far as residency goes.

    But IANAL or LE.

    I just dealt with this very subject with a registered sale...

    There is NO need to reregister a firearm that one purchased as a Maryland resident, in a registered sale, prior to 10/1/13. That firearm is already registered.

    Firearms that were not bought here and are regulated must be registered within 90 days of establishing resistancy here.

    Re-establishing residence with those firearms you bought while living here does not require new registration when you move back.

    IANAL but I DID check with MSP Firearms Unit to make sure.
     

    BigDaddy

    Ultimate Member
    Feb 7, 2014
    2,235
    It might be argued that you are still a Maryland resident if you keep your Maryland home, your family lives there and you intend to return. The only thing that changes is VA is getting chunk of your income tax.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,463
    well then I stand corrected sir.

    good info to know.

    The intent was not to correct you.... Rather to simply provide the information that was provided to me by MSP on the subject.

    IF one bought the firearm in a registered sale while a resident of the state... Then moved elsewhere... Moving back does not require the firearm to be reregistered.
     

    NIK

    Active Member
    Jul 31, 2012
    127
    MD
    Thanks for the responses so far guys. I've done a bit of moving for work so I've gone from MD to VA then currently back to MD, but it was all before 2013, so whatever purchases I made and kept when I moved back were legal. I wonder if fixing this nonsense will ever be on Hogan's radar.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Were they Maryland registered sales?

    If so, they will always be on record as being purchased by you.

    No need to renew the registration when moving back.

    IANAL

    Actually, this situation is not covered by the law. So this may or may not be the right answer. And nobody can give you an answer. Or, even the same anaswer if asked more than once. :)

    So, IMO, I would just register them again. Heck, if nothing else, it adds to the confusion of the paperwork they have. :)
     

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