Quick Pre-98 question

You can PURCHASE anything that is pre-10/21/98 and for sale in MA on your LTC-A. If it was "in state" on 10/21/98, a MA DEALER can sell the handgun . . . if not, it can only be sold as a PRIVATE transaction (2 LTC holders, no FFL).

The law ONLY prohibits MA DEALERS from selling "non-compliant" handguns if they weren't in MA on 10/21/98.

As for your more direct question, if the EOPS list says "229M" and you find a "229" that was made in 1997 (for sake of argument) in NH, NO a MA Dealer could NOT make the transfer to you (unless that particular gun can be proven to have been in MA on 10/21/98, and migrated to NH at a later time) . . . they are 2 different models as far as the law is concerned.

Lens,
I was impatient, and went to FSguns to get the link to the list to check a few things out....
just below the link, he wrote

If a handgun is on THE LIST we can sell or transfer that model if it was made before 10/21/98.

If the handgun is NOT on THE LIST, it had to be registered to a MA resident or under a MA dealer's license prior to 10/21/98.

????????????

The law ONLY prohibits MA DEALERS from selling "non-compliant" handguns if they weren't in MA on 10/21/98.

Code:

Ok...here's a "what if"  Can pre-98 S&W handguns be transferred from out of state to a Ma. dealer?   These were made here, so they were in state before 1998.   How does the law interpret this?  Does it say they have to have been registered here or just here before 98?

The law ONLY prohibits MA DEALERS from selling "non-compliant" handguns if they weren't in MA on 10/21/98.
Code:


Ok...here's a "what if" Can pre-98 S&W handguns be transferred from out of state to a Ma. dealer? These were made here, so they were in state before 1998. How does the law interpret this? Does it say they have to have been registered here or just here before 98?

Don't know how I done that.. :?

In the eyes of the law, a 229 and a 229M are two totally different guns! [Example: S&W 1911Sc was MA approved, then S&W changed the designation to 1911PD . . . couldn't sell it here until they got the 1911PD approved. I am led to believe that the gun itself (other than markings) are supposedly identical.]

The law says has to have been in-state ON 10/21/98. It does NOT say in-state PRIOR to 10/21/98. No lawyer has stepped up and interpreted this, but my cut (IANAL) is that if it was made here on 9/1/98 and shipped to CO dealer/distributor on 10/1/98, a MA Dealer can NOT sell it at some later time in MA as "grandfathered".

The law further states that it MUST have been in LEGAL possession by someone licensed under Ch. 140 ON 10/21/98 to be "grandfathered". This can also lead to some rather interesting legal issues.

Originally Posted by LenS

The law further states that it MUST have been in LEGAL possession by someone licensed under Ch. 140 ON 10/21/98 to be "grandfathered". This can also lead to some rather interesting legal issues.

Legal possessoin by WHO?

And while the 229 and 229m are totaly different, the EOPS list has it listed as 229, NOT 229m.

Mass gun laws are like the NHRA rule book which basically says that " If it doesn't say you can do it, then it's illegal" [roll]

Mike,

What that means is that if someone possessed the handgun but didn't have a valid LTC, even though it was in-state ON 10/21/98, no MA Dealer could legally transfer it again in MA.

It means that the possessor on that date must be a licensed individual/shop on the magic date AND the handgun must be in MA on that date.

Interesting . . . that would mean that if the gun was marked 229M and 229 is on the List (while 229M is not), no MA Dealer could legally sell it in-state.

There is a lot of utter stupidity in the law.

- How does anyone know that the possessor has the handgun in MA on that date?
- Who demands proof that the person was licensed ON THAT DATE (as opposed to before/after that date)?

It's idiocy, created by mental midgets!