Buying a long gun out of state

[JackO]

I have several questions on buying a long gun from a dealer at a out of state gun show.

1. Can a person with Class A MA license buy a long gun in ANY state (in particular, PA) ?
2. Can the long gun be personally picked up right there at the gun show or does it have to be shipped to a MA FFL?
3. If the firs two questions can be answered "Yes", how does one LEGALLY transports a high capacity long gun in the car back to MA? I know exactly what MGL says about transporting long guns in the car. The question here is that the gun needs to be transported across several state lines. In particular, if bought in PA, the gun has to be transported through PA, NJ, CT, and possibly NY. There is no need for stops (other than gas) in these states.

Thanks,
Jack

 

[Tweed]

1) yes. if it is legal to buy in that state per that state's laws.

2) yes. you can bring it back.

3) you are allowed to travel through the states. have it in a locked case or cable lock/case.

 

[vellnueve]

see #1 and #2 above. Some states (like MA) will not allow sales to nonresidents.

#3 - action lock, locked case will get you taken care of there. But do not stop in NJ other than for gas and sure as hell don't stop in NYC.

 

[Scrivener]

1) yes. if it is legal to buy in that state per that state's laws.

Incomplete answer. The transaction must be legal in BOTH states; i.e., the seller's state AND the buyer's. While this poster premised the purchase as being from a dealer, this is a requirement. An interstate purchase from a non-dealer is a violation of Federal law.

2) yes. you can bring it back.

AGAIN, incomplete. The OP expressly referred to a "high capacity long arm." This brings Mass. prohibitions against "assault weapons" and "large capacity" magazines into play. Neither are legal unless made prior to the 9/94 date of the "assault weapon ban."

3) you are allowed to travel through the states. have it in a locked case or cable lock/case.

Look up FOPA for complete transport requirements.

And capitalization was developed for a purpose. See if you can discern why.....

 

[dwarven1]

AGAIN, incomplete. The OP expressly referred to a "high capacity long arm." This brings Mass. prohibitions against "assault weapons" and "large capacity" magazines into play. Neither are legal unless made prior to the 9/94 date of the "assault weapon ban."

So how does the OP bring it back legally - Are there any prohibitions arising from it being a hicap? (I believe that there are not)

And capitalization was developed for a purpose. See if you can discern why.....

HEY! You trying to steal my position as Resident Grammarian & Curmudgeon?

(Well... OK, I think you have me beat for curmudgeon, anyway.)

 

[Scrivener]

So how does the OP bring it back legally - Are there any prohibitions arising from it being a hicap? (I believe that there are not)

A "large capacity" gun by itself is not a problem. A post-ban gun which meets the "assault weapon" criteria and/or which has post-ban mags is most definitely not allowed here.

 

[dwarven1]

Thanks for the clarification.

 

[JackO]

Guys,

Thank you so much for all your answers, I really appreciate it.

So does anybody know if PA laws allow DEALER sales to people with out of PA state license, specifically, MA LTC?

 

[LoginName]

Guys,

Thank you so much for all your answers, I really appreciate it.

So does anybody know if PA laws allow DEALER sales to people with out of PA state license, specifically, MA LTC?

PA gun laws...

http://www.atf.gov/firearms/statelaws/26thedition/pennsylvania.pdf

I guess another issue could be if a PA FFL would want to sell a longarm to a MA resident. Given the reputation this state has, a dealer might be reluctant to make the sale.

You might want to print out copies of relavent MA and PA law to bring with you.

 

[Producer]

I was in Texas last week and saw an older FAL .308 for $300 at a pawn shop. It looked like the deal of the century.

If this gun was made before 9/94, could I have bought it, thrown it in a locked gun case and flew it back with me to Logan?

 

[Len-2A Training]

Producer,

Please read the legal threads here.

Short answer is "probably". Long answer depends on you having a LTC (as opposed to FID), whether you live in the gulag of Boston (then you need to understand Boston's unique bans), etc.

I've bought both hi-cap and low-cap rifles out of state and driven home with them, did the FA-10 and all perfectly legal. Flying doesn't change the law, just the procedure in dealing with airline and TSA idiots.

 

[Producer]

Thanks for the clarification. I have searched and read this site, and always understood no high capacity unless it was instate.

Hi-Cap and H-Capacity or any three letter search is not allowed unless I search the entire site through Google. Then I get to many returns, I cannot narrow down the forums by topic.

 

[M1911]

Thanks for the clarification. I have searched and read this site, and always understood no high capacity unless it was instate.

There is no such limitation. The issue is that it must be preban -- it can't be post-ban construction in a preban configuration.

 

[drgrant]

FWIW, my experience has been that most FFLs in free states will sell
you any longgun or shotgun you want, as long as you have a valid DL
and an LTC or FID card, and pass the NICS check. You would be
surprised that in some cases they won't ask for your LTC or
FID, but it is a good idea to bring it anyways in case there are any
complications. Most dealers not in MA don't understand what the law
is here (or only vaguely understand it, unless they deal with MA residents
a lot) nor do they give two shits or know whether something is "pre ban"
or not anymore. So it's up to you to determine that on your
own before you buy it.


-Mike

 

[Len-2A Training]

Thanks for the clarification. I have searched and read this site, and always understood no high capacity unless it was instate.

Hi-Cap and H-Capacity or any three letter search is not allowed unless I search the entire site through Google. Then I get to many returns, I cannot narrow down the forums by topic.

You are confusing the handgun laws (in-state on 10/21/98 or on EOPS List for dealer sale) with the AWB/hi-cap ban (that restricts us to pre-9/13/94 SAWs or hi-cap mags). I know that the laws are terribly confusing, so we try to sort it out for you here.

Yes, we know that the search mechanism on the forum sucks! Wished I had a better answer for you.

 

[Jay G]

The OP asked about buying a long arm from a dealer out of state. My question is to the legality of a face-to-face transaction out of state.

Can I buy a long arm from a private citizen of NH? A friend is putting together an AK-47 clone (in post-ban configuration, no bayonet lugs or flash suppressor), and has offered it to me at a very good price due to recent events in MA that suggest a new ban coming. Is this legal?

Thanks for any help!

 

[dwarven1]

Jay, I believe (from other threads here) that you must have an FFL involved if you buy a long arm out of state; you can't buy it directly from your friend.

 

[Jay G]

Jay, I believe (from other threads here) that you must have an FFL involved if you buy a long arm out of state; you can't buy it directly from your friend.

That's what I thought, Ross; but there's conflicting information in one of the classified ads from hikerlt (the Swedish Mauser). I didn't want to booger up the classified thread so I thought I'd ask here.

IIRC it's FEDERAL law that prohibits FTF across state line (the gun is not C&R eligible since it's a new receiver).

 

[dwarven1]

Don't know about HikerIt, but I read this from Len or Scrivener, IIRC.

 

[Jay G]

That's what I thought, Ross; but there's conflicting information in one of the classified ads from hikerlt (the Swedish Mauser). I didn't want to booger up the classified thread so I thought I'd ask here.

IIRC it's FEDERAL law that prohibits FTF across state line (the gun is not C&R eligible since it's a new receiver).

UPDATE: Interestingly enough, LenS just replied on that very thread:

Across state lines, the FEDS prohibit ANY transactions unless an FFL is involved (MA resident can travel to NH and do transfer at NH FFL) somewhere.

 

[Len-2A Training]

As noted above, just because someone says you can do something, doesn't make it legal!

Folks need to research the laws . . . both FED and STATE . . . that are involved before posting advice that could get people in deep legal trouble.

There is a reason that ALL FFLs (even C&R FFLs) get a set of books from BATFE, with the laws, Q&As, etc. all neatly written . . . if one bothers to read them.

Feds PROHIBIT FTF transactions between NON-Licensees across state lines, period!

 

[vellnueve]

You can go over the line and do the transfer at a willing NH dealer without a problem, but cannot buy it directly.

 

[Jay G]

I was reasonably sure that my friend was incorrect (I think he, too, was in C&R mode). Hence why I asked rather than did...

IIRC, his family owns a gun shop, so it should be an easy transfer...

 

[Jay G]

FA-10 question...

Okay, so I need to send in the FA-10 for the AK clone in question that I asked about last month.

Do I put in the name & FFL# of the NH gun shop that did the transfer, or do I just leave it blank and fill the FA-10 in as a Registration?

Thanks!

 

[Cross-X]

Fill it in as a Registration.

 

[Jay G]

Thanks Darius!

Now, I'm assuming (and we all know what they say about when you assume) that I put the name of the receiver and the serial number thereof for the weapon info. It's an ITM model 99, not that it matters, but what I'm concerned about is the AWB. The bayonet lug has been ground off, and the muzzle brake is permanently attached, which I (and the gun shop that did the transfer) believe makes the gun acceptable in MA.

Am I correct in my assumption?

Thanks!!!

 

[Cross-X]

Thanks Darius!

Now, I'm assuming (and we all know what they say about when you assume) that I put the name of the receiver and the serial number thereof for the weapon info. It's an ITM model 99, not that it matters, but what I'm concerned about is the AWB. The bayonet lug has been ground off, and the muzzle brake is permanently attached, which I (and the gun shop that did the transfer) believe makes the gun acceptable in MA.

Am I correct in my assumption?

Thanks!!!

Yes, good to go!

 

[Jay G]

Thank you, thank you, thank you!!!

 

[Len-2A Training]

Fill it in as a Registration.

. . . and follow the directions printed on the form cover sheet for what gets filled in for a Registration, as well as the non-standard codes they use.