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Summary of laws regarding Interstate sales/transfers.

This is a discussion on Summary of laws regarding Interstate sales/transfers. within the Gun Laws forums, part of the General category; Thought I'd compile a list and post it since there have been about 40 threads about this so far this ...

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    NES Member vellnueve's Avatar
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    Default Summary of laws regarding Interstate sales/transfers.

    Thought I'd compile a list and post it since there have been about 40 threads about this so far this month. If it deserves to be stickied, someone please do

    Corrections welcome.

    Long guns

    A person may purchase long guns in person in any state that does not have a law against selling such items to nonresidents. For example, Massachusetts does not allow the sale of firearms (or ammunition) to ANY nonresidents, including NR LTC-A ALP holders! Any such out of state purchase may only be made through an FFL. Therefore, while a Massachusetts resident could purchase a rifle or shotgun from a FFL in New Hampshire, he/she could not purchase a long arm from a private citizen of New Hampshire, or any other state, this would have to be transferred through an FFL. This is federal law.

    You cannot purchase a assault weapon that is illegal in MA in another state, even if you do not bring it back.

    Handguns

    ANY handgun transfer between residents of two different states MUST involve an FFL in the state of the purchaser. One may not leave the state, purchase a handgun in NH, VT, or any other state, and bring it back, it MUST go through a MA dealer. This is why one cannot easily obtain firearms that are not Massachusetts compliant. And that goes for "free state" residents as well. Since most dealers will not receive shipments of handguns from persons not holding an FFL, this generally means that the firearm must be transferred from the seller to an FFL in his state, then shipped to the FFL in the purchaser's state to do the transfer. That's three transfers! Don't try to get around these laws, they are federal, not Massachusetts or any other state, and breaking them will land you a pristine spot in a federal penitentiary next to a 300lb. guy named Bubba.

    The "gift" exemption

    The BATFE has a very specific clause concerning purchasing a firearm as a gift for another person, which allows this to occur without being labeled a straw purchase. For those who think this might be a way around, it is not. The purchaser and recipient must be residents of the same state (and NO money may change hands.) Therefore, you cannot have a friend in a "free state" purchase, let's say, a non-compliant Glock, and transfer it to you as a gift, unless they purchase it, move into the state, get an LTC, and then give it to you for free. If you have friends like that, more power to you.

    The Massachusetts online/mail order ammunition ban myth

    It is NOT illegal for any person to receive a shipment of ammunition from an out of state source. This myth stems from the Attorney General who shall not be named who relentlessly pursued suppliers and wholesalers, threatening and litigating them for selling ammunition in MA without a MA ammo dealer's license. This was based on the premise that any sales of ammunition online or from another out of state source actually occurred within the state, and thus were subject to MA sales tax in addition to MA regulations concerning the sale of ammunition in MA. This is NOT true, but most of the big suppliers have been scared off by these tactics which are expensive just to defend oneself against, and as a result only a few suppliers who either keep a low profile or have beaten the AG in court will supply MA shooters with ammo.

    Magazines and other parts

    In the rest of New England, purchasing any high-cap magazines, parts, or accessories is legal providing that they comply with BATF regulations. For example, possession of certain parts along with certain firearms may require registration as a SBR, etc. However, these cases are usually more uncommon.

    In Massachusetts, any magazines over ten rounds capacity that were made after 9/13/1994 are ILLEGAL and getting caught with them will land you in prison for a good amount of time. As many have stated, one will most likely never get arrested and charged with this crime on its own, but it would most likely be an additional charge to something bigger. That said, why take the chance? It is blatantly illegal. This leads to a problem to MA shooters and those who sell magazines online or through mail order, in which identifying pre-ban magazines has become considerably more difficult since the AWB sunsetted in the rest of the country. There may be features and sometimes it is clearly evident which magazines are preban (defunct manufacturers, distinguishing features) but just as often it is totally ambiguous (many Glock FML magazines that are unmarked are impossible to tell preban or postban). This especially holds true for AK mags and the like which were often never marked by the manufacturer. As a result, many dealers have simply decided to refuse to ship 10+ round mags to Massachusetts in order to cover their asses. If the buyer can find someone who will ship, it is at their own risk. That said, if the buyer can find certified preban mags, it is perfectly legal to ship them to MA.
    Last edited by vellnueve; 12-05-2008 at 10:24 PM. Reason: Fixed format tags

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    Moderator drgrant's Avatar
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    Quote Originally Posted by vellnueve View Post
    And that goes for "free state" residents as well. Since most dealers will not receive shipments of handguns from persons not holding an FFL, this generally means that the firearm must be transferred from the seller to an FFL in his state, then shipped to the FFL in the purchaser's state to do the transfer. That's three transfers!
    Just a nit....

    In practicality it's really only two transfers. Any FFL that's going to
    charge you twice, both for intake and then an oubound is an FFL best
    avoided.


    -Mike

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    NES Member C-pher's Avatar
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    Why was I under the impression that you can only buy a long gun from a state that borders yours without involving an FFL.

    The reason that Kittery has a shop in NH, so they can sell to MA folk.

    If that's not true, then feel free to delete this post.
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    Quote Originally Posted by C-pher View Post
    Why was I under the impression that you can only buy a long gun from a state that borders yours without involving an FFL.

    The reason that Kittery has a shop in NH, so they can sell to MA folk.

    If that's not true, then feel free to delete this post.
    I think the bordering state issue was dropped as a part of the Regan 1986 change. Kittery has a shop in NH so NH residents don't have to pay the Maine sales tax.

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    I soon will have a shotgun shipped to an FFL transfer agent in MA. Will I have to buy a gun lock from the Agent?

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    Moderator drgrant's Avatar
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    Quote Originally Posted by gjstcruz View Post
    I soon will have a shotgun shipped to an FFL transfer agent in MA. Will I have to buy a gun lock from the Agent?
    Maybe, I think the law says they're supposed to sell you
    one with a gun, but at numerous FFLs I've just been able to show up
    with a case or a lock of my own and avoid having to buy a
    lock.

    -Mike

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    NES Member vellnueve's Avatar
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    It's not an agent. An FFL is an FFL, whether he is selling the gun or transferring it to you. Transfer and purchase are really two sides of the same coin.

    Any transfer of a firearm from a dealer to a private citizen is required by law in MA to be done along with a gun lock. By law, yes you will have to buy one. But, yes, some dealers will give you the option to provide your own lock. Not legal, strictly speaking, but if you hand him the lock and he puts it on, who's to say that you didn't give him ownership of the lock and then he gave it back to you?

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    A belated thanks for the posts.
    I've located an accommodating FFL.

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    Kittery Trading Post has a shop in Portsmouth so the can sell handguns to New Hampshire residents without shipping them to another FFL for transfer. They hold FFLs in Maine and New Hampshire.

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    Moderator KMaurer's Avatar
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    Customers from New Hampshire also hate to pay the sales tax buying long guns in Maine.
    Ken Maurer
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