Aquisition of an AR type rifle from out of state

[RJM]

Hello All, I am new to this forum and could not find a definitive answer to the following:
Suppose you have a friend who lives out of state (Maine) and you aquire a MA complient AR type rifle from him. First is it legal to do so and second since you need to fill out the FA-10 form what do you put for the seller info, since there is no FID required for Maine? Thanks.

 

[jdubois]

You cannot purchase it directly from your friend if he is a ME resident and you are a MA resident. But you can go to ME and transfer it through an FFL, then bring it back with you to MA. Or he can ship it directly to a MA FFL and you can transfer it through them. If you transfer it through a ME FFL, you will need to file an FA-10 within 7 days of bringing the gun back to MA. If you transfer through a MA FFL, the FA-10 will be filed for you by the dealer. You must have at least an LTC-B to own an AR style rifle in MA.

 

[Len-2A Training]

. . . AND it can NOT be in AWB configuration! It's a felony in MA to possess a post-9/13/1994 AR with the "evil features". So it might need to be neutered up there in ME before being brought into MA.

Likewise any >10 rd mags MUST be pre-9/13/1994 mfr.

 

[jdubois]

. . . AND it can NOT be in AWB configuration! It's a felony in MA to possess a post-9/13/1994 AR with the "evil features". So it might need to be neutered up there in ME before being brought into MA.
.

Yes, I didn't mention that because the OP said it was "MA complient[sic]"

 

[Len-2A Training]

I missed that part, oh well best to be complete as someone else no doubt will come along and interpret part of it anyway.

 

[OnTheRoad]

...and second since you need to fill out the FA-10 form what do you put for the seller info, since there is no FID required for Maine? Thanks.

If you get it from the out of state FFL, file the FA10 as a "registration" with no seller information.

If you transfer via a MA FFL the FA10 will be done when the transfer is conducted.

 

[RJM]

Thanks for all the info. So this brings me to another couple of questions...
Say he has resisdences in both locations, and is about to become a legal resident of MA, he wants to get rid of his gun(s) and not go through the application of an FID/LTC... Can he do so after he becomes a MA resident? And can I aquire a gun from him? Or does he need to get an FID/LTC before he can do so?

If he were to go through an FFL, can you tell me what is involved? In MA and in ME? And which would be best?

Lastly, if I aquire just the M15 upper, can I bring that into MA and have work done such as welding a compensator on the threaded barrel and weld a picatinny rail type adaptor to the bayonet lug to make it MA compiant?

Thanks.

 

[Len-2A Training]

Ah ha, this does NOT sound like it is MA-compliant at all.

You can only (by Fed Law) do a FTF between 2 people who RESIDE in the same state. Dual residency has been beat to death here more times than any of us can count . . . it's controversial . . . but what isn't controversial is that merely owning property in 2 states does NOT comply with Fed Law.

Example: John Smith owns a Winter home in FL and owns a Summer home in MA. It's June, he's living in MA and his best buddy from FL pays him a visit in MA. NO CAN DO any FTF transactions.

Yes, you can legally bring JUST the upper into MA (don't have any other post-9/13/1994 ARs or lowers with you), bring it to a gunsmith and have it made compliant.

 

[jdubois]

Ah ha, this does NOT sound like it is MA-compliant at all.

LenS wins this round

RJM, he can only sell his guns to a ME resident before he moves to MA. He can only sell his guns to a MA resident after he moves to MA. He has a 60 day window to obtain his license (LTC in this case because we're talking about ARs) however he cannot sell his guns privately until he receives the license. His only option would be to sell to/through an FFL.

He could sell you just the upper without problem at any point, it is not a restricted part. But heed the caution Len advises about lowers you may possess.

 

[Len-2A Training]

LenS wins this round

JD, I hate to "win" rounds like this. But years of experience tells me that we are rarely given the "whole story" initially, for one reason or another. A certain late member of this forum used to chew my ass for not being "complete" . . . I don't miss him, but he did indeed have a point.

 

[jdubois]

JD, I hate to "win" rounds like this.

In truth, I think the discussions that you and I get into do nothing but bring the best possible information out. Besides, a little good natured ribbing never hurt anybody

A certain late member of this forum

Most of those discussions lead nowhere

 

[RJM]

Thanks for all the advice and facts.
Can he sell through a MA FFL even if he has not yet aquired the MA LTC? Or would he have to sell through a Maine FFL?

If he does sell it after changing residency to MA, who's responsibility is it to file FA-10? I have read in this forum that the burden lies with the seller. If this did not happen(form did not get filed) is the gun legal? And is there a burden on buyer at this point?
Thanks again.

 

[jdubois]

Can he sell through a MA FFL even if he has not yet aquired the MA LTC? Or would he have to sell through a Maine FFL?

Yes he can sell through a MA FFL. Nobody can buy from a MA FFL without a resident license (or they meet certain exempt criteria which don't come into play here), but anybody can sell through one.

If he does sell it after changing residency to MA, who's responsibility is it to file FA-10? I have read in this forum that the burden lies with the seller. If this did not happen(form did not get filed) is the gun legal? And is there a burden on buyer at this point?

The gun is legal whether an FA-10 is appropriately filed or not. Failure to file an FA-10 is a crime wholly separate from the legality of the gun itself. As you mention, it is the seller's responsibility to file the FA-10 if the sale takes place in MA. But, per § 128B, if you know the seller isn't going to file an FA-10, it would become your responsibility to file one. You should take reasonable efforts, as a buyer, to ensure an FA-10 has been filled out and the seller is going to send it in.

 

[RJM]

Thanks!
Any recommendations on gunsmiths in the area? I got a name of guy in the Attleboro area, Dave Santori, from the folks at Northeast Trading Co. Any familiarity with him?

 

[Len-2A Training]

For AR type stuff, I'd take it to Zero Hour Arms. These guys eat black rifles for breakfast, lunch and dinner and have a full-blown machine shop on site.

Dave did a good job on the M&P that I bought (prior owner had the trigger job done). No idea about his work on black rifles.

 

[RJM]

Thanks for all your help. I will check out the folks at Zero Hour Arms.