Another (different) FA-10 question

[News Shooter]

I don't think this has been covered before. I completely understand that it is the seller's responsibility to handle the FA-10 on a MA sale.

However, I have bought three C & R guns in a row and all three dealers did not do the form. One of them told me absolutely and positively it wasn't necessary on a C & R.

Now, I'm ordering some forms from CHSB anyway to register them because I figure I'll be the one to get into trouble.

What do you think?

 

[patio]

I will just say that I have been following, I believe LenS', advice on submitting FA-10s with the seller info blank and the Registration box checked for C&R purchases.

 

[News Shooter]

Yeah, that's what I'm doing

on out of state C & R's, but I decided to go ahead and do it on the others too

 

[Len-2A Training]

Please do an Advanced Search here on Gun Laws about this topic. It's been covered at length a number of times.

MGLs/CMRs require FA-10s on ALL acquisitions, no matter how acquired. First offense is a fine, second offense is jail time. "Suitability" and LTC revocations are also possible.

You decide what you should do, as each of us must . . . as well as what risk there is in not reporting the acquisition.

 

[KMaurer]

Not quite, Len. The relevant law is MGL Chapter 140, Section 128b which requires reporting all firearms obtains "other than from a licensee under section one hundred and twenty-two or a person authorized to sell firearms under section one hundred and twenty-eight A". If you purchase from a state licensed dealer, the only legal obligation to report the transfer to the state is that imposed on the dealer under MGL Chapter 140, Section 123 (5th condition listed). The fact that a C&R FFL was used for the purchase doesn't affect the state requirements in any way.

Ken

 

[Len-2A Training]

Ken, no disagreement. You're discussing WHO does it and I just stated that "it had to be done". If one (seller) doesn't do it, then buyer must do it to be compliant. Likewise if a gun is willed to you, buy out of state, etc.

 

[dd]

Submission of FA-10

IMHO, the requirement to report a private sale is incumbent upon the BUYER. However, that said, the potential for a problem to the seller is if the buyer does NOT send in the form there may be no trail to that buyer years hence (unless you keep your records forever as do I) when the police come calling on you, that gun having been used in a crime and you the last known owner.

OTOH, if you believe the seller is responsible for sending in the reporting copy, you as the buyer could be in hot water years hence if you had, unbeknownst to you, acquired a stolen gun or were charged with possession of a unregistered gun. What to do?

If the buyer wants the original and swears he will send it in, I would make a fourth copy of the form, from the original, and send it in separately. That is why it is always good to do the transfer at a location where you have access to a copy machine.

 

[Len-2A Training]

Dave,

We've had that discussion here before, you can find it with Advanced Search (probably ~6 months ago). I checked with Ron Glidden who talked with CHSB and they requested that two copies NOT be sent in.

As the seller, I want it out of my name as quickly as possible (even though I know they never purge your purchase). So it is in my interest to report the sale ASAP.

If someone gives you the willies when you meet them to make the buy, I'd back out . . . not just because I'm worried about the FA-10.

I suspected that you trusted me to file the FA-10 when you bought my .45 a few years ago, right? Last gun I sold I brought a stamped, addressed envelope with me and it was filled and sealed after the transaction was complete and mailed on the way home.