New MD resident with a PA driver's license - can I buy a handgun in PA?

karleb · Jul 8, 2013

I recently moved to MD from PA - where I purchased most of my previous firearms using my parents address. I still have a PA driver's license with their address on it. Is it kosher to go ahead and go up to PA and buy another handgun, cash & carry style, using my PA drivers license before I go ahead and change my DL over to a MD license or is this a big NO NO? Seems like a grey area to me as I technically have 60 days to go to the MD DMV and get my license changed.

I don't really have a problem with jumping through all of the hoops in MD, but I've heard that the wait times are typically more than 4 months which is a bit ridiculous.

Inigoes · Jul 8, 2013

As long as you are not a prohibited person.

Enjoy Freedom

jetlagged · Jul 8, 2013

Inigoes said:
As long as you are not a prohibited person.

Enjoy Freedom

^^ Yep.

blksniper2000 · Jul 8, 2013

I say get as many as you can in PA before your soul is stolen like the rest of us

snavematt · Jul 8, 2013

Move back to PA

Curmudgeon · Jul 8, 2013

karleb said:
I recently moved to MD from PA - where I purchased most of my previous firearms using my parents address. I still have a PA driver's license with their address on it. Is it kosher to go ahead and go up to PA and buy another handgun, cash & carry style, using my PA drivers license before I go ahead and change my DL over to a MD license or is this a big NO NO? Seems like a grey area to me as I technically have 60 days to go to the MD DMV and get my license changed.

I don't really have a problem with jumping through all of the hoops in MD, but I've heard that the wait times are typically more than 4 months which is a bit ridiculous.

If you've moved your current residence from PA to MD and simply haven't gotten around to doing the paperwork (DL) yet, what you propose still involves lying on Form 4473, IN MY OPINION.

The form does not ask what your DL says, it asks for your current residence address. If what you are seriously looking for is a legal transaction, get your MD DL with current MD address first and then, unfortunately, get in line.

I am not a lawyer. Do you want to bet on what a lawyer's advice is going to be?

EDIT: From my "for what it's worth department" here are the federal form 4473 instructions for "current address":

Question 2. Current Residence Address:
U.S. Postal abbreviations are
acceptable.
(e.g., St., Rd., Dr., PA, NC, etc.)
. Address cannot be a post office
box. County and Parish are one and the same.
If the buyer is a member of the Armed Forces on active duty acquiring a
firearm in the State where his or her permanent duty station is located, but
does not reside at his or her permanent duty station, the buyer must list both
his or her permanent duty station address and his or her residence address in
response to question 2. If you are a U.S. citizen with two States of residence,
you should list your current residence address in response to question 2
(e.g.,
if you are buying a firearm while staying at your weekend home in State X,
you should list your address in State X in response to question 2).

Good luck.

Inigoes · Jul 8, 2013

Curmudgeon said:
If you've moved your current residence from PA to MD and simply haven't gotten around to doing the paperwork (DL) yet, what you propose still involves lying on Form 4473, IN MY OPINION.

The form does not ask what your DL says, it asks for your current residence address. If what you are seriously looking for is a legal transaction, get your MD DL with current MD address first and then, unfortunately, get in line.

I am not a lawyer. Do you want to bet on what a lawyer's advice is going to be?

The batfe has a rule already in place. When one is in the state they are considered a resident for the duration.

Robert1955 · Jul 8, 2013

Since you are a resident of Maryland no matter what your DL says I would not. As has been mentioned you would be lying on the federal form as to your state of residence. And you DO NOT want to do something that will make you a prohibited person for any additional purchases and suffer the loss of your currently owned firearms. It's not worth the risk IMHO.

Inigoes · Jul 8, 2013

Robert1955 said:
Since you are a resident of Maryland no matter what your DL says I would not. As has been mentioned you would be lying on the federal form as to your state of residence. And you DO NOT want to do something that will make you a prohibited person for any additional purchases and suffer the loss of your currently owned firearms. It's not worth the risk IMHO.

Define resident...

Most states expect one to be in place for at least 6 months. As I stated before the BATFE already has a rule for this.

This is the same as recently relocating from one house to another in maryland without updating your drivers license.

With a PA license in hand, the OP will not be able to purchase a regulated firearm in MD.

Biggfoot44 · Jul 8, 2013

While it us most commonly verified w/ a DL , questions of residence ( and domicle) are complex. Factors include property ownership , current leases, utility bills , and taxes , both income and property. And your intent.

But to restate the obvious , if you have the option of residing in Pa , do it. Fredrick is within commuting distance of Pa .

AssMan · Jul 8, 2013

Kosher? Probably not. Should you do it? Probably.

Robert1955 · Jul 8, 2013

karleb said:
I recently moved to MD from PA............. before I go ahead and change my DL over to a MD license

Inigoes said:
Define resident...

The original poster basically told us he is a MD resident. I really don't care what he does but is the reward, i.e. no 4 month wait, worth the risk of being forbidden being allowed to own what he currently has let alone being able to purchase anything else? I don't want to see someone become the Martyland poster child of bad gun owners for the sake of skipping the wait. Just go to a dealer that is releasing after the 8 days.

Charles Guggenheimer · Jul 8, 2013

Here's another thing that can be done - legally - for both PA and MD.

One of his parents can purchase the handgun in PA that he wants. They get the handgun that same day and come to Frederick to a gun shop that will do the transfer - with a fee - and do the 8th day release, so he will have his handgun legally in Maryland after waiting 8 days.

The snag will be PROVING he is now a Maryland resident without any Maryland state ID or Driver's license. That, and forking over the tax O'Malley wants for his vehicle(s) he will soon be registering in Maryland.

He will need to provide proof of address - mortgage or rent contract, utility bills, pay stub showing new Maryland address from his employer - all because he is now in O'Malleyland... :sad20:

smkranz · Jul 8, 2013

karleb said:
I recently moved to MD from PA.

Welcome to Maryland. You are now a Maryland resident. If it is your intent to live here, you are a resident.

I'm all for sticking it to the man whenever it is legal to do so, but you would be in violation of the law. Playing cutsie with "what constitutes residency" would risk bad sh!t happening. Me, I'm paranoid. I recently had an out of state dealer, who seemed perfectly willing to ship a 25-round mag to me in Maryland, ship it to my dad in PA instead, just because. I don't want to ever have to explain anything to anyone...wife, kids, employer...from the police station or a jail cell, being a law-abiding citizen. Isn't that what up-standing gun owners are about, after all?

So, do as previous posts have suggested. If you need more guns sooner than later, go to the MVA to get a MD drivers license (you'll get it right then and there), and buy your guns from a Maryland dealer who will release on time if that is important to you.

ibanez320dx · Jul 8, 2013

I know a guy that technically lives in MD but his DL and all other materials are sent to a PA address. He buys all the crap he wants in PA and drives back home later. He's somewhere in that grey area.

Biggfoot44 · Jul 8, 2013

In the above situation , do you KNOW that he really is a Md Resident , or has maintained his residence ( DL , vehicle reg , taxes , voting , etc ) in Pa , and just has a temporary work accomadation in Md ?

Robert1955 · Jul 8, 2013

He said he has 60 days to register his vehicle. He is a resident. I am all for flipping the bird to this state over this shit involving firearms and the STUPID, INSANE laws they just passed but is it worth it to risk getting caught?????? You know they would just love to stick it to someone, DON'T be that someone. I am just glad they understand that a HBAR AR is a safe rifle where as a non-HBAR............ Oh btw the title he put on this thread is "New MD resident"

ibanez320dx · Jul 8, 2013

Biggfoot44 said:
In the above situation , do you KNOW that he really is a Md Resident , or has maintained his residence ( DL , vehicle reg , taxes , voting , etc ) in Pa , and just has a temporary work accomadation in Md ?

Not on paper. His theoretical residence is PA. But he lives with his GF in MD. Been that way for a long time. So I guess he is technically not breaking any laws. I think he just uses his parents address. As far as I know he works here too.

smkranz · Jul 8, 2013

Biggfoot44 said:
In the above situation , do you KNOW that he really is a Md Resident , or has maintained his residence ( DL , vehicle reg , taxes , voting , etc ) in Pa , and just has a temporary work accomadation in Md ?

Unless he lives in a cave or has left absolutely no trace of his wereabouts, it would take any State Trooper worth his/her salt less than an hour to establish the OP's Maryland residency.

It might be extremely unlikely that the OP (who said he has moved to MD) would be found out. But his question was not whether he could get away with it. Probably. He asked if it was Kosher. Most def not.

And fwiw, the MVA sez you have 60 days to register a vehicle after you move to MD. That doesn't mean that you are not a resident during those 60 days. Oh, and don't forget your insurance...move to a different state but don't tell your carrier, and if you have an accident or other loss and they get wind that you're not living where you told them you live, you might not have coverage. But if you did tell them you moved, there's more proof of residency.

As I said, any cop with a computer, a phone, and 60 minutes to spare could nail it down.

karleb · Jul 9, 2013

Sounds like the general consensus is that to do this according to the letter of the law, I should just suck it up, go get my MD drivers license now and find a dealer that is releasing after 8 days... anyone have a recommendation?

Thanks for the input everyone. My gut is telling me it's not worth the potential trouble if there are actually dealers in MD releasing after 8 days. I'm not in that much of a hurry, but would like to take possession sometime this year lol

New MD resident with a PA driver's license - can I buy a handgun in PA?

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