A bit of a tricky situation

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Hi all,

I've read through the stickies trying to figure out the best way to handle this....

Firstly I moved to MA but did not fully take residency when I did. Fairly certain my "legal" residency has kicked in so I long since missed my 60 day grace period for the FID. I am licensed in FL for CCW. I brought with an HK USP 9mm (which is not on the approved list but my understanding is that doesn't matter) and it is being held with a friend who is an LTC-A here as I wasn't sure if I was going to stay indefinitely and long story short, I was keeping residency in FL for as long as I could. From my understanding this was the right and legal thing to do since I never got around to my license as it is perfectly legal for him to hold on to it for me.

So the current situation is this...

I am unlicensed in MA, and I don't care to be. I don't want to keep the HK, I want to sell it as I have better use for the money and have no desire to deal with the licensing in MA.

So my question is, how I can legally get rid of this thing? Can I give him complete ownership and allow him to sell it for me FTF? Does he need to register it since it came from out of state by ways of me?

Any insight would be appreciated. All the stickies talk about what to do to get legal to keep it, but I can't find anything in regards to getting rid of it.
 
As an unlicensed Mass resident you would have to have a FFL dealer transfer the firearm to another person. So if it's not on the Mass list then you can't sell it to a Mass resident. You could sell it to an non-Mass resident by shipping it to an out-of-state FFL dealer that would in turn transfer it to whomever purchases it.

If you get a subscription here on NES you can post it in the classifieds--a very reasonable price for a listing. Else there's the gun broker sites.
 
The only way you could legally sell it, whether through NES, gun broker or some other means, would require either that you get a MA license or that the sales go through a dealer.

Ken
 
Hello all,

This post doesn't involve me at all, but I'm just reading through some old threads because I find all of this fascinating. As a follow on question, would the OP be able to give the gun away to a friend as a gift, despite the fact that it is not on the MA approved list?

Thanks
 
Hello all,

This post doesn't involve me at all, but I'm just reading through some old threads because I find all of this fascinating. As a follow on question, would the OP be able to give the gun away to a friend as a gift, despite the fact that it is not on the MA approved list?

Thanks

No, not legally. Doesn't matter that it's a gift and not a sale, same rules as #2.
 
Why not have your friend pay for your NRA Gun Safety Class and then pay for your LTC. That way he'd get the gun for 200 bucks when you transfer it face to face. You'll also have an LTC good for 6 years in your pocket in case you change your mind about getting one.
 
I believe this was addressed above, please correct me if I'm wrong. He cannot transfer it to his friend because his friend resides in MA and the gun is not on the approved list.
 
I believe this was addressed above, please correct me if I'm wrong. He cannot transfer it to his friend because his friend resides in MA and the gun is not on the approved list.

You statement is true, assuming that both parties do NOT live in the same state. If two people both live in MA (and both have LTCs) and want to transfer a gun PRIVATELY (no FFL involved, just an FA-10 between parties), the "List" becomes irrelevant and the transfer is legal since the law/regs ONLY apply to "purveyors of handguns" (legalese meaning "MA Dealers").
 
Oh, ok. Thank you for clarifying. So it would seem, one could bypass the approved list by either buying straight from a non dealer who already has an un approved gun, or by owning non approved gun prior to moving to MA.

LenS, I'm hoping to make it to your Nov 17th ".. Laws by and For Non-Lawyers" class while I'm home for a couple of weeks.
 
Oh, ok. Thank you for clarifying. So it would seem, one could bypass the approved list by either buying straight from a non dealer who already has an un approved gun, or by owning non approved gun prior to moving to MA.

LenS, I'm hoping to make it to your Nov 17th ".. Laws by and For Non-Lawyers" class while I'm home for a couple of weeks.

Yes, that is correct.

I hope you do. Please remember that you have to pre-pay and register at the website link in my sig line.
 
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