What are the requirements for simple firearms possession by non-residents?

OC4me · Jun 2, 2011

I'm writing a letter to several congressman about the difficulties faced by non-residents (especially non-U.S. resident expatriate Americans) who may wish to legally possess firearms in certain jurisdictions.

I need to have legal cites to Massachusetts' law with respect to eligibility requirements for non-residents (and in particular non-U.S. resident citizens - Americans who reside abroad the majority of the calendar year).

Thank you very much!

snatale42 · Jun 5, 2011

Resident Aliens may obtain a Non-Resident temporary permit with proof of authorized presence in the US.

Resident Alien LTC Application with requirements.

http://www.mass.gov/Eeops/docs/chsb/firearms/Resident%20Alien_20100126.pdf

Unofficially a non-us citizen would need a REALLY REALLY REALLY good reason to actually get approved. If you were coming to MA for a shooting event (as long as it a real one) LTC would not be required.

OC4me · Jun 5, 2011

Thanks Snake42, but my question was different. I'm not asking about resident aliens but instead about non-resident U.S. citizens (expatriate Americans). Can a U.S. citizen who has no current U.S. State of residency possess a firearm in Massachusetts?

It is a bit difficult to explain what I'm getting at so I'll offer a hypothetical example below.

Suppose a State has a permit requirement for simple handgun possession. Now suppose that the eligibility requirements for that permit (or a mandatory question on the permit application form itself) require the applicant to provide his/her current State of residence or a current valid State drivers license or identification card number as a prerequisite for completion of the application. Such a situation as described above would result in a de facto ban on handgun possession for most expatriate American citizens.

So I'm looking for speficic examples of similar legal-gotchas at the State (and even local jurisdiction) level.

I'll need to read up on the relevant statutes to make sure. I'm hoping someone could point me in the right direction.

I'm not looking for work-arounds (most expatriate Americans claim 'residency' in some U.S. jurisdication where they own property or have a relative who can serve as a mail collector, but technically they are misrepresenting themselves to the State in which they claim such physical residency in order to obtain a State DL or ID card - but that is whole diffrent matter).

snatale42 · Jun 5, 2011

Gotcha, That would be a tricky one. I know exceptions can be made to active duty military who live out of country for extended periods. But if thats not the case I think you'd be SOL. The MA CHSB (Criminal History Systems Board) is the State level issuing authority. But I wouldn't expect much. One of the long standing issues with MA firearms law is that the state itself rarely understands it. Typically gun owners have a better grasp on it than the people enforcing it. I'd start with the CHSB but your best bet for CORRECT answers would be a MA firearms attorney.

OC4me · Jun 6, 2011

snatale42 said:
Gotcha, That would be a tricky one. I know exceptions can be made to active duty military who live out of country for extended periods. But if thats not the case I think you'd be SOL. The MA CHSB (Criminal History Systems Board) is the State level issuing authority. But I wouldn't expect much. One of the long standing issues with MA firearms law is that the state itself rarely understands it. Typically gun owners have a better grasp on it than the people enforcing it. I'd start with the CHSB but your best bet for CORRECT answers would be a MA firearms attorney.

Thanks again snatale42.

Lets get a bit more basic. Does Massachusetts require a permit or license as a condition of handgun possession? If instead there is a permit/license to purchase, then how does Massachusetts handle new-residents who bring already owned handguns into the State?

That would help me get a grasp on the legal framework.

snatale42 · Jun 6, 2011

OC4me said:
Thanks again snatale42.

Lets get a bit more basic. Does Massachusetts require a permit or license as a condition of handgun possession? If instead there is a permit/license to purchase, then how does Massachusetts handle new-residents who bring already owned handguns into the State?

That would help me get a grasp on the legal framework.

Yes, you may not posses a handgun or long gun without a permit. Your LTC (License to Carry) is your purchase permit. There are different levels of firearms licensing in MA.

FID (Firearms Identification Card) SHALL ISSUE - Allows purchase and possession of rifles and shotguns

LTC (License to Carry) MAY ISSUE - Allows handgun purchase and possession.
LTC-A = Large Capacity (restrictions may be added by police chief) An unrestricted LTC-A is the only way to carry concealed in MA.
LTC-B = Non-Large Capacity

People moving in to the state with firearms legally purchased in another state have 60 days to get thier MA LTC in hand. During the 60 days (or until your receive your permit) you may not carry, transport, or use your firearms! This includes at the range and also Home Defense. They must remain unloaded and locked (trigger lock, gun safe etc). Ammo must also be separate and locked up.

Makarov · Jun 6, 2011

Possession of a firearm should not require a permit

All your laws regrding firearms are unconstitutional. The Constitution trumps everthing.

OC4me said:
Thanks Snake42, but my question was different. I'm not asking about resident aliens but instead about non-resident U.S. citizens (expatriate Americans). Can a U.S. citizen who has no current U.S. State of residency possess a firearm in Massachusetts?

It is a bit difficult to explain what I'm getting at so I'll offer a hypothetical example below.

Suppose a State has a permit requirement for simple handgun possession. Now suppose that the eligibility requirements for that permit (or a mandatory question on the permit application form itself) require the applicant to provide his/her current State of residence or a current valid State drivers license or identification card number as a prerequisite for completion of the application. Such a situation as described above would result in a de facto ban on handgun possession for most expatriate American citizens.

So I'm looking for speficic examples of similar legal-gotchas at the State (and even local jurisdiction) level.

I'll need to read up on the relevant statutes to make sure. I'm hoping someone could point me in the right direction.

I'm not looking for work-arounds (most expatriate Americans claim 'residency' in some U.S. jurisdication where they own property or have a relative who can serve as a mail collector, but technically they are misrepresenting themselves to the State in which they claim such physical residency in order to obtain a State DL or ID card - but that is whole diffrent matter).

Rattrapper · Jun 6, 2011

Makarov said:
All your laws regrding firearms are unconstitutional. The Constitution trumps everthing.

Tell that to the MARXISTS of MasSucKchuetts.

The Supreme Judicial Court (SJC) of that sewer ruled that the Second Amendment didn't apply to Massachusetts.

Remember they have a Gov. who said on talk radio,"It's a free country, I wish it weren't".

I heard it, and if you don't believe me Google it.

OC4me · Jun 6, 2011

snatale42 said:
Yes, you may not posses a handgun or long gun without a permit. Your LTC (License to Carry) is your purchase permit. There are different levels of firearms licensing in MA.

FID (Firearms Identification Card) SHALL ISSUE - Allows purchase and possession of rifles and shotguns

LTC (License to Carry) MAY ISSUE - Allows handgun purchase and possession.
LTC-A = Large Capacity (restrictions may be added by police chief) An unrestricted LTC-A is the only way to carry concealed in MA.
LTC-B = Non-Large Capacity

People moving in to the state with firearms legally purchased in another state have 60 days to get thier MA LTC in hand. During the 60 days (or until your receive your permit) you may not carry, transport, or use your firearms! This includes at the range and also Home Defense. They must remain unloaded and locked (trigger lock, gun safe etc). Ammo must also be separate and locked up.

Ok snatale42, that is good information. I now understand that I need to find the application form and statute pertaining to the LTC (License to Carry). I'll try some Google-fu.

snatale42 · Jun 6, 2011

Makarov said:
All your laws regrding firearms are unconstitutional. The Constitution trumps everthing.

Not in the People Republic of Massachusetts, the only "rights" you have are what they decide you have...and thats subject to change with each and every situation. MA came close a couple years ago, When Mitt Romney was around his Lt. Gov wanted to remove local issuing authority and make MA Shall Issue. Didn't happen, no surprise.

Jared · Jun 7, 2011

OC4me said:
I'm writing a letter to several congressman about the difficulties faced by non-residents (especially non-U.S. resident expatriate Americans) who may wish to legally possess firearms in certain jurisdictions.

I need to have legal cites to Massachusetts' law with respect to eligibility requirements for non-residents (and in particular non-U.S. resident citizens - Americans who reside abroad the majority of the calendar year).

Thank you very much!

Go to www.comm2a.org

They guys there are awesome and they have a lawsuit going on challenging the U.S. Citizen requirements. The case is Fletcher v Haas.

OC4me · Jun 9, 2011

Jared said:
Go to www.comm2a.org

They guys there are awesome and they have a lawsuit going on challenging the U.S. Citizen requirements. The case is Fletcher v Haas.

Thanks but this is a U.S. residency issue. I welcome the above lawsuit, however, because it cuts to through to a similar issue. It shouldn't matter who you any more than where you live. A right is a right!

press1280 · Jun 12, 2011

OC4me said:
I'm writing a letter to several congressman about the difficulties faced by non-residents (especially non-U.S. resident expatriate Americans) who may wish to legally possess firearms in certain jurisdictions.

I need to have legal cites to Massachusetts' law with respect to eligibility requirements for non-residents (and in particular non-U.S. resident citizens - Americans who reside abroad the majority of the calendar year).

Thank you very much!

There is a lawsuit in motion right now-Dearth v. Holder where a non-resident US citizen cannot legally purchase handguns because they have no state of residence.
In your case, it sounds like you'd need to get a LTC A. A little tricky fom what I see. Check Handgunlaw.us. It has instructions for MA non-resident licenses. If needed, I believe NH and maybe Maine do give CCWs to non-residents. It seems MA requires a CCW from another state if you're not a MA resident.

What are the requirements for simple firearms possession by non-residents?

OC4me

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