Possible short term move and legal advice

stu929 · Nov 4, 2016

So there is a small chance I will be getting a promotion for a job posted in NY. Luckily its nowhere near the city its actually in Western NY but its still NY nonetheless. I have been debating maintaining my MD residency and travelling when needed as the job is a 1 year appointment. I will not be selling my home here in MD and have considered renting an apartment in PA for when I travel out of town.

I know if I leave and take my firearms I cannot return with any pre 13 purchases and given NY laws I cant take many with me.

So I ask whats the best way to make this work? A buddy asked about a trust owning the firearms if I did move, Im not sure if thats a viable option though I do have a trust already established.

I know avoid NY but this is a very big opportunity and staying in local will likely limit my options for a few years so I'm curious what the best options are.

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GoldGunsGirls · Nov 4, 2016

stu929 said:
I know if I leave and take my firearms I cannot return with any pre 13 purchases

Are you sure? I was under the impression that as long as you have had it in your continuous possession prior to 10/1/13 it is kosher in MD. You taking them temporarily out of state wouldn't change that.

Storing them here actually makes things harder because then they will have to be transferred out of your possession. Bring everything with you. Your handguns and restricted firearms are already registered with MSP anyway - bringing them back won't pose any real problem.

IANAL. I don't even play one on TV and I'm new to MD. However I've been doing tons of reading on all this nonsense recently and I haven't seen anything to support your assumptions.

Sticky · Nov 4, 2016

I'm pretty sure his assumption about taking them to NY is correct, though I know nothing of current NY law. This is probably an issue... It would seem, to retain your MD residency and securely lock the items in question up in your home here is likely the simplest way to handle it (and that is not transferring them out of your posession). Take any legal in NY firearms you want/need and leave it at that..

eta - be careful about what types of ammo you take to NY also... lol

stu929 · Nov 4, 2016

GoldGunsGirls said:
Are you sure? I was under the impression that as long as you have had it in your continuous possession prior to 10/1/13 it is kosher in MD. You taking them temporarily out of state wouldn't change that.

Storing them here actually makes things harder because then they will have to be transferred out of your possession. Bring everything with you. Your handguns and restricted firearms are already registered with MSP anyway - bringing them back won't pose any real problem.

IANAL. I don't even play one on TV and I'm new to MD. However I've been doing tons of reading on all this nonsense recently and I haven't seen anything to support your assumptions.

My understanding was if you owned an AK, M1A no Hbar AR if you by some chance left the state (gave up residency) you cannot return with such items?

At this point Im not sure if I will have to move or not but I'm trying to do some research and have a plan in place as things may fall into place quickly if my boss decides they are placing me in the position.
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BUFF7MM · Nov 4, 2016

stu929 said:
My understanding was if you owned an AK, M1A no Hbar AR if you by some chance left the state (gave up residency) you cannot return with such items?

At this point Im not sure if I will have to move or not but I'm trying to do some research and have a plan in place as things may fall into place quickly if my boss decides they are placing me in the position.
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If I moved out I'd never move back, problem solved.
Sell you Maryland place, if you have to move back you're close enough to West Virginia and Pennsylvania from where you are now that you'd be fine driving a little.

stu929 · Nov 4, 2016

Buff7mm said:
If I moved out I'd never move back, problem solved.
Sell you Maryland place, if you have to move back you're close enough to West Virginia and Pennsylvania from where you are now that you'd be fine driving a little.

The reasoning was the NY "move" will def be temporary and I can't take my toys there anyway so maintaining my house in MD would be a better option. Unless upstate PA is what I decide to do only problem is the drive will suck! 2+ hrs each way.

Im also looking at a job in Ohio but it looks like im the frontrunner for the NY job.

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sinobeat · Nov 4, 2016

With moving to New York you need to be familiar with the NY SAFE Act. NY's assault weapons ban, which is much broader than Maryland's. Moving back into Maryland with Pre-2013 firearms should not be a problem, they'll just need to be registered again. More likely however is that you won't be allowed to move to NY with anything that is banned in MD because of the NY laws.

As far as I am aware, Maryland does not allow trusts to own firearms. This is recognized federally, but not by the state. So, transferring your firearms into a trust in Maryland is illegal as far as I know. I asked a lawyer about this when I was getting my NFA trust and was told I could not transfer firearms into a trust in Maryland only suppressors.

AssMan · Nov 4, 2016

If they're pre-2013, I think you can bring them back. However, it's doubtful that you can take them to NY, so I'd just keep the MD residency and figure out what you want to do on a more permanent basis when your gig is up.

Alea Jacta Est · Nov 4, 2016

Congrats!

I have a very good friend outside Corning. He's very 2A savvy.

PM ME IF YOU'D LIKE HIS CONTACT.

Pinecone · Nov 5, 2016

stu929 said:
My understanding was if you owned an AK, M1A no Hbar AR if you by some chance left the state (gave up residency) you cannot return with such items?

At this point Im not sure if I will have to move or not but I'm trying to do some research and have a plan in place as things may fall into place quickly if my boss decides they are placing me in the position.
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No, if they were purchased pre-Oct 1, 2013, they are fine.

There was some language like you talking about in an early version of the bill.

stu929 · Nov 5, 2016

Pinecone said:
No, if they were purchased pre-Oct 1, 2013, they are fine.

There was some language like you talking about in an early version of the bill.

I guess that brings up the question how do they know when they were purchased?

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BDWMS · Nov 5, 2016

If it's temporary, can you leave them with a friend or family member that you can trust? Take what's NY legal and leave everything else until you come back or move elsewhere.

Pinecone · Nov 5, 2016

stu929 said:
I guess that brings up the question how do they know when they were purchased?

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If purchased from a dealer, there is paperwork.

Or, if the firearm was manufactured after Oct 1, 2013, it would have been hard for you to buy it.

Yes, you could have had a purchase order prior to that date, but then you would and the dealer would have copies of that purchase order.

MDFF2008 · Nov 6, 2016

Don't you need a new york permit to even touch a gun there?

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rico903 · Nov 6, 2016

sinobeat said:
With moving to New York you need to be familiar with the NY SAFE Act. NY's assault weapons ban, which is much broader than Maryland's. Moving back into Maryland with Pre-2013 firearms should not be a problem, they'll just need to be registered again. More likely however is that you won't be allowed to move to NY with anything that is banned in MD because of the NY laws.

As far as I am aware, Maryland does not allow trusts to own firearms. This is recognized federally, but not by the state. So, transferring your firearms into a trust in Maryland is illegal as far as I know. I asked a lawyer about this when I was getting my NFA trust and was told I could not transfer firearms into a trust in Maryland only suppressors.

INAL but you may want to double check this as many people in MD own NFA firearms in trusts.

Pinecone · Nov 7, 2016

Yes, MANY people have NFA firearms in trusts.

And some have non-NFA items in trusts also, although some attorneys suggest not having both NFA and non-NFA items in the same trust.

The trust cannot directly purchase the firearms, in that the 4473 and 77r (if needed) have to be filled out and processed by one of the trustees.

Possible short term move and legal advice

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