Snowbird question

Please explain what you mean by this. It makes no sense.

There are many people that claim Florida as their state of domicile, whether or not that is their actual state of domicile. The reason, as I stated, is that it is a tax-advantageous state. One would typically pay far less in tax in Florida than being domiciled in their actual state of domicile, such as many of the North-eastern states, CT, MA, NJ, NY. Therefore, the population appears to be larger due to all those that claim FL domicile, but do not actually have domicile there.

:grimacing:
This thread is fun to read. :upside_down_face:
None of the recent posts really applied to original question. :zipper_mouth_face:
We can discuss and interpret the Florida’s Laws… but it doesn’t give any clear answer.

Instead of making nonproductive discussion let’s just find good advice for @Frederick37
What about if he goes to local gun store and ask the question there?

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That is exactly what I stated two of my prior posts, which one of was my first post. In that post, I had a link to another thread, in which I also had stated that same advice, as well as the link to the ATF site that explained residency and the required documentation.

Yeap… Certainly! :+1:

I would still opting for checking everything at local guns store or FFL. Better check twice than unwillingly break the Law. :neutral_face:

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I will be going to the local Alamo upon my return to Florida and will update my findings. Thanks again for all the informative feedback!

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I don’t know… are @Dave17 and @OldGnome both working the counter? :laughing:

Seriously, though, I am looking forward to a definitive answer on this now. Eclectic knowledge.

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No! and enough characters to make 6

Im a Forensic Accountant by trade, and what you are stating is simply incorrect.

Or everyone would just claim Florida and South Carolina as there states of residency. Due to that favorable tax treatment.

You are just as guilty as you have charged others in this thread of not reading the links. Those came from what it takes to be a resident of the 2 states

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I have provided an example of a person having a driver’s license in one state - and not residing in that state - proving that a driver’s license does not prove residency. It might prove domicile, but even that is questionable if there are other factors that show domicile is actually a different state. I will not impugn your knowledge as you claim this is part of your livelihood. However, you are mistaken. Regardless, this is not about driver’s licenses, but proof of residency to purchase a handgun.

If you were determining residency for a tax issue, which this is not, a driver’s license does not prove residency. Many people that try to claim residency do get driver’s licenses in the other state. However, domicile is not the issue in regard to residency in the ATF regulation for the purpose of purchasing handguns. You might want to read it. I have provided the link.

I have not made any determination on the OP’s domicile, neither is it relevant. I only provided a link to the ATF regulation regarding residency - the only relevant issue - and stated he should talk to the FFL dealer. What I disagreed with, and the ATF reg agrees with, is that one does not need a driver’s license to purchase a firearm. Having a driver’s license from another state does not disbar your right to purchase a handgun in a state in which you reside - per the ATF reg. The ATF reg states what documentation one can provide other than a driver’s license.

From this thread:
11 days later

USCCAOfficial USCCA Moderator

7h

I double-checked with our Reciprocity Map / concealed carry law expert and we found this additional reference for y’all:

ATF has previously addressed the eligibility of individuals to acquire firearms who maintain residences in more than one State. Federal regulations at 27 CFR 478.11 (definition of State of Residence), Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an offcampus location, they are considered residents of the State where the on-campus or offcampus housing is located.

You can find the full ATF document here.

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By Florida law, and that comes from their FAQ on how to qualify for residency you must have a Florida issued ID or Drivers license.

By Massachusetts law, again from their FAQ on residency you must maintain a domicile in the state for a year and reside in that domicile for 183 days out of the year. Also it specifically excludes College students from claiming residency if they are only there for College.

It gets more complicated if they owner of a domicile rents it out for more than 14 days a year.

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Exactly, that is discussing domicile.

You can’t have your cake and eat it (too) is a popular English idiomatic proverb or figure of speech.[1] The proverb literally means “you cannot simultaneously retain your cake and eat it”. Once the cake is eaten, it is gone. It can be used to say that one cannot have two incompatible things, or that one should not try to have more than is reasonable. The proverb’s meaning is similar to the phrases “you can’t have it both ways” and “you can’t have the best of both worlds.”

My only interest in this conversation was to provide clarification on what it took to be a resident of either Ma. Or Fl. As your assertion to @OldGnome was incorrect as Ma. requirements and Fl. requirements are mutually exclusive.

My feelings from reading this thread in its entirety is that he wants to purchase something in Florida that may not be available in Massachusetts. That is just a guess. I understand the concept of having multiple domiciles in different states that however; in the 2 states I speak of you can only be a resident in one.

My remarks concerning renting a domicile you own in a state further complicates matters, especially accounting wise as it severely limits the number of days you can live in that domicile. Which may or may not affect your residency if said state.

For example. In some states of you rent a property for more than x # of days. You may only stay in that home for 2 weeks each year. Accounting Tax Law regarding what qualifies as a second home or a Vacation home.The FASB (Financial Accounting Standards Board) would be definitive guidance. If you choose to look it up.

My comment to OldGnome, firstly, was to correct his statement that one cannot buy a handgun in Florida if one has a Massachusetts driver’s license. The ATF regulation does not disbar one from purchasing handguns in different states as long as one is a resident of that state, can provide documentation of a physical address there, and have a government-issued photo ID verifying one’s identity.

The ATF regulation does not state domicile, but resident. It even specifically states in an associated document on their regulation:

Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an off-campus location, they are considered residents of the State where the on-campus or off-campus housing is located.

However, one can only have one state of legal domicile at one time. One may have more than one state of residence at one time. I gave examples of this, and even stated the types of residency one may have, such as nonresident, part-year resident, actual resident, and domiciliary resident. These types of residency typically only matter in tax law. These types of residency are irrelevant to this ATF regulation - it does not even address it.

Furthermore, if he can legally purchase a handgun in Florida due to his residing in Florida, what he can or cannot own in Massachusetts is irrelevant. That would be similar to people that go to states where Marijuana is “legal” and purchasing and using it in that state, but it is illegal in the state you actually live in. As long as you do not bring it back, you have not broken any law.

The Florida prohibition on purchasing firearms that are prohibited in your state of residency is specifically referring to buying rifles and shotguns when you are not resident of Florida, as the ATF “allows” one to purchase rifles and shotguns even in states in which one does not reside. Again, if one is residing in Florida at the time one purchases a firearm, this is irrelevant. It may be an issue if he wants to bring back to MA a firearm that is “illegal” in MA, but I do not know what their laws are on that topic. But that does not mean he is not “allowed” to purchase said MA illegal firearm while he resides in FL.

Thats the point that I and many others were trying to make to you. That you can only be a resident of one state.

Peace.

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Again, that is not relevant to the ATF regulation on purchasing handguns in states in which you reside, not domiciled. Here, again, is the ATF example that I previously posted and provided in the link to the ATF regulation that I have posted numerous times.

The ATF regulation does not state domicile, but “during the period of time the person actually resides in a particular State”. It even specifically states in an associated document on their regulation:

Example 2, clarify that a U.S. citizen with homes in two States may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. See also ATF Publication 5300.4 (2005), Question and Answer B12, page 179. Similarly, in ATF Ruling 80-21 (ATFB 1980-4, 25), ATF held that, during the time college students actually reside in a college dormitory or at an off-campus location, they are considered residents of the State where the on-campus or off-campus housing is located.

Groundhog Day :man_shrugging:t4:

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I think you nailed it!

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