CA Resident Able to Buy NFA/Class 3/C&R in and Store in MD/VA/DE???

[TI-tick]

So, I picked up my final pay checks from work at a PO box on the ES of MD and wondered the above.

I own property in MD and CA, have a CA DL/tax residence for now; vagabond so to speak.
Security for whatever property I have in MD or CA is not an issue.

I do have a FFL 03 C&R license and have purchased C&R's in MD, ID, NV, and DE; but those were not NFA.

NFA is a complete no go in CA and that's not my question or intention.

I'm aware of firearms trusts but that's not the direction I'd like to go for now, anyhow.

The questions:

Considering the above, would I legally be able to purchase and store a NFA firearm in MD as it is now as an individual?
If so, what's a suggested shop?

I'm thinking with a CA DL/residence I'm FOOKED on this but IDK what IDK so I'm tossing it out there to MDS expert's opinion.

TIA

 

[brianns]

I think one of the forms has you fill out where it will be stored. So what would be the answer to that question? MD or CA address.

 

[TI-tick]

I think one of the forms has you fill out where it will be stored. So what would be the answer to that question? MD or CA address.

MD.
Like I said CA is a no go.

 

[brianns]

You should be able to buy a MG in Md if you have an address to store it at. But if you are not a resident that might be a wrinkle. Have you looked at the MSP website yet?

 

[Mightydog]

What is the California law about a resident purchasing a firearm out of state? California resident has to follow California laws. Be the same as if a Maryland resident tries to purchase a prohibited firearm out of state. FFLs won’t do it based on your government issued ID showing California residency.

 

[rsideout]

You need to get past the initial approval before you get into where the NFA item will be temporarily stored. If the NFA item qualifies as a C&R, what is the registered address/state for your C&R? That is what will go on your Form 4 and where the C&R qualifying NFA item will be sent and stored. I've done 5 or 6 NFA purchases on my C&R. All MGs. My C&R also matches my registered state of residence.

You can always call ATF and ask about your options.

 

[outrider58]

What is the California law about a resident purchasing a firearm out of state? California resident has to follow California laws. Be the same as if a Maryland resident tries to purchase a prohibited firearm out of state. FFLs won’t do it based on your government issued ID showing California residency.

Cali is pretty restrictive, where NFA are concerned.

 

[wabbit]

What is the California law about a resident purchasing a firearm out of state? California resident has to follow California laws. Be the same as if a Maryland resident tries to purchase a prohibited firearm out of state. FFLs won’t do it based on your government issued ID showing California residency.

I think it federal law that's at work here. To buy a firearm outside of your home state, GCA68 requires that laws of both your home state and the other state be observed. Since California prohibits NFA purchase, federal law would make it illegal for a CA resident to buy NFA in another state. The wisest path the OP can make is to give up the CA driver's license and residency, and adopt MD residency.

 

[TI-tick]

What is the California law about a resident purchasing a firearm out of state? California resident has to follow California laws. Be the same as if a Maryland resident tries to purchase a prohibited firearm out of state. FFLs won’t do it based on your government issued ID showing California residency.

IIRC CA residents cannot purchase firearms outside of California; no other states allow rather than CA restricting.

For C&R purchase outside the state, to my knowledge, CA does not GAF, until you import it into CA, then you need to register.

Hence the question.

Edit: Outside the state of CA I don't need to follow their laws.

 

[TI-tick]

You need to get past the initial approval before you get into where the NFA item will be temporarily stored. If the NFA item qualifies as a C&R, what is the registered address/state for your C&R? That is what will go on your Form 4 and where the C&R qualifying NFA item will be sent and stored. I've done 5 or 6 NFA purchases on my C&R. All MGs. My C&R also matches my registered state of residence.

You can always call ATF and ask about your options.

You need to get past the initial approval before you get into where the NFA item will be temporarily stored. If the NFA item qualifies as a C&R, what is the registered address/state for your C&R? That is what will go on your Form 4 and where the C&R qualifying NFA item will be sent and stored. I've done 5 or 6 NFA purchases on my C&R. All MGs. My C&R also matches my registered state of residence.

You can always call ATF and ask about your options.

I did not think about calling them; I'll try that.

 

[ken792]

What is the California law about a resident purchasing a firearm out of state? California resident has to follow California laws. Be the same as if a Maryland resident tries to purchase a prohibited firearm out of state. FFLs won’t do it based on your government issued ID showing California residency.

I think it federal law that's at work here. To buy a firearm outside of your home state, GCA68 requires that laws of both your home state and the other state be observed. Since California prohibits NFA purchase, federal law would make it illegal for a CA resident to buy NFA in another state. The wisest path the OP can make is to give up the CA driver's license and residency, and adopt MD residency.

Residency for the purposes of receiving firearms is not the same as what the DL says. ATF doesn’t care what address the DL says. They only care about where people reside and can prove with government documentation.

I know plenty of MD primary residents who have part time homes out of state who buy handguns and MD banned stuff in those other states with an MD DL to prove identity and something like a property tax bill or carry permit to prove current address. The problem is finding an FFL who knows how to accept alternate forms of ID and is willing to do it.

The 4473 has instructions in the clarification for how dual residency works and what ID is needed.

May a person who resides in one state and owns property in another state purchase a firearm in either state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the...

www.atf.gov

 

[DaemonAssassin]

Residency for the purposes of receiving firearms is not the same as what the DL says. ATF doesn’t care what address the DL says. They only care about where people reside and can prove with government documentation.

I know plenty of MD primary residents who have part time homes out of state who buy handguns and MD banned stuff in those other states with an MD DL to prove identity and something like a property tax bill or carry permit to prove current address. The problem is finding an FFL who knows how to accept alternate forms of ID and is willing to do it.

The 4473 has instructions in the clarification for how dual residency works and what ID is needed.

May a person who resides in one state and owns property in another state purchase a firearm in either state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the...

www.atf.gov

NFA is different. With NFA items, the transfer must occur in the state you are a resident of on your ID.

Trusts work differently due to trustees possibly being located in different states and buying trust property. As long as the trustee is buying a item in the state they have on their ID, the form 4 will be approved, no matter what other state(s) the other trustees are residents of at that time.

 

[ken792]

NFA is different. With NFA items, the transfer must occur in the state you are a resident of on your ID.

Trusts work differently due to trustees possibly being located in different states and buying trust property. As long as the trustee is buying a item in the state they have on their ID, the form 4 will be approved, no matter what other state(s) the other trustees are residents of at that time.

There’s no same residency requirement in the NFA or referenced on the Form 4. There’s no mention of IDs on the Form 4 either.

NFA transfers must also comply with the GCA, which is where residency is relevant. Neither the Form 4 nor NFA handbook say that GCA residency is suddenly defined differently for NFA purposes.

 

[DaemonAssassin]

There’s no same residency requirement in the NFA or referenced on the Form 4. There’s no mention of IDs on the Form 4 either.

NFA transfers must also comply with the GCA, which is where residency is relevant. Neither the Form 4 nor NFA handbook say that GCA residency is suddenly defined differently for NFA purposes.

Reread and think about what I said....