Buying a NEW non-MA compliant handgun from a FFL

glide · May 4, 2009

A local dealer is selling a new in the box handgun that is NOT MA compliant (no, I'm not saying who or what). I have wanted this gun forever and wanted to know if there are any legal issues that would prevent me from buying / owning said firearm.

I've searched around and everything I found was regarding FTF transfers and the fact that dealer are not SUPPOSED to be selling new non-approved handguns...

Thanks in advance.

EDIT: ONE of said guns is on the Eeops list (sort of) It is a variant of a model that is...this one has an accessory rail. The other is NOT on the list at all.

GLOCK.Perfection · May 4, 2009

if they will sell it to you, its their problem, not yours.

....i am willing to bet they are selling it close to 200% of free state price though

appraiser · May 4, 2009

BUY NOW

jdubois · May 4, 2009

glide said:
I've searched around and everything I found was regarding FTF transfers and the fact that dealer are not SUPPOSED to be selling new non-approved handguns.

You are correct. Dealers are not supposed to be selling non-compliant handguns.

GLOCK.Perfection · May 4, 2009

jdubois said:
You are correct. Dealers are not supposed to be selling non-compliant handguns.

if the AG busts the dealer, can he take the gun as evidence - or something like that?

jdubois · May 4, 2009

hollewud7 said:
if the AG busts the dealer, can he take the gun as evidence - or something like that?

I dunno, ask LenS. [rofl]

terraformer · May 4, 2009

hollewud7 said:
if the AG busts the dealer, can he take the gun as evidence - or something like that?

That would be an interesting one, but probably not. They would have you come testify probably, but you are legally entitled to own it.

jdubois · May 4, 2009

terraformer said:
That would be an interesting one, but probably not. They would have you come testify probably, but you are legally entitled to own it.

Phil was busting my chops. Let's not actually get into that discussion again!

GLOCK.Perfection · May 4, 2009

jdubois said:
I dunno, ask LenS.

joint venture of a felony??

that is a semi - legitimate question, I need to look up the definition of joint venture again though.

terraformer · May 4, 2009

jdubois said:
Phil was busting my chops. Let's not actually get into that discussion again!

OK.

jdubois · May 4, 2009

hollewud7 said:
joint venture of a felony??

I believe you're looking for C. 274 § 7 (Conspiracy to commit a crime).

GLOCK.Perfection · May 4, 2009

jdubois said:
I believe you're looking for C. 274 § 7 (Conspiracy to commit a crime).

actually, its not really a law, its a legal theory or something like that.
both people are charged with the same crime. (can you tell how educated I am in law?)

Realtor MA · May 4, 2009

Was this model available prior to 1998? Just because the gun is new in the box doesn't mean it wasn't owned by an individual in Massachusetts prior to 1998.

jdubois · May 4, 2009

hollewud7 said:
actually, its not really a law, its a legal theory or something like that.
both people are charged with the same crime. (can you tell how educated I am in law?)

Oh, ok, I think I know what you're talking about... um, damn, I forget the term for it. Joint liability for criminal acts or some such. Maybe one of the lawyers here can fill us in.

GLOCK.Perfection · May 4, 2009

Realtor MA said:
Was this model available prior to 1998? Just because the gun is new in the box doesn't mean it wasn't owned by an individual in Massachusetts prior to 1998.

good point, but doubtful.

glide · May 4, 2009

Realtor MA said:
Was this model available prior to 1998? Just because the gun is new in the box doesn't mean it wasn't owned by an individual in Massachusetts prior to 1998.

No it was not available before 1998.

It is certainly not preowned - I know how that routine goes...

So I'm going to consider the purchase and if I go through with it, never speak of it again.

GLOCK.Perfection · May 4, 2009

glide said:
No it was not available before 1998.

It is certainly not preowned - I know how that routine goes...

So I'm going to consider the purchase and if I go through with it, never speak of it again.

let me just ask this, is it being sold for well over msrp?

if so, its something i have seen before. Testing the list is very risky, but testing the AG Consumer protection is somewhat noble, up until said dealer prices the firearm at twice msrp.

Realtor MA · May 4, 2009

glide said:
No it was not available before 1998.

It is certainly not preowned - I know how that routine goes...

So I'm going to consider the purchase and if I go through with it, never speak of it again.

Speak of what? [wink]

glide · May 5, 2009

hollewud7 said:
let me just ask this, is it being sold for well over msrp?

if so, its something i have seen before. Testing the list is very risky, but testing the AG Consumer protection is somewhat noble, up until said dealer prices the firearm at twice msrp.

No -it's well under MSRP. It's what you would expect to pay in a free state.

rcinma · May 5, 2009

Is it possible that the gun was previously purchased but never fired, making it a "used" gun that is still NIB? The fact that the price is reasonable points to this.

95blklsc · May 5, 2009

Can you PM me the details if this dealer has anything else cool that is hard to find in MA? I would love to know!

scottmac019 · May 5, 2009

Yeah I would like to know that as well!!!

jdubois · May 5, 2009

95blklsc said:
Can you PM me the details if this dealer has anything else cool that is hard to find in MA? I would love to know!

scottmac019 said:
Yeah I would like to know that as well!!!

I would hope that Glide has the common sense not to pass on such information or to encourage a dealer to break the law.

scottmac019 · May 5, 2009

Just curious is all...not saying I would do anything like that.......

mouse07410 · May 5, 2009

A question: dealers in MA are not supposed to sell guns that are not MA-compliant. What about transfers? Can an out-of-state dealer ship a non-compliant gun to an FFL holder in MA, who in turn would merely transfer it to an MA resident?

terraformer · May 5, 2009

mouse07410 said:
A question: dealers in MA are not supposed to sell guns that are not MA-compliant. What about transfers? Can an out-of-state dealer ship a non-compliant gun to an FFL holder in MA, who in turn would merely transfer it to an MA resident?

Sell or transfer, same difference. They aren't supposed to do it.

jdubois · May 5, 2009

terraformer said:
Sell or transfer, same difference. They aren't supposed to do it.

Yup. The law sews the issue of wording up tight:

"no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery..."

TNHunter · May 5, 2009

I am often amazed at the things some folks think it is OK to talk about on an open forum. We all clearly know this would be contrary to the AG's Regs. Even though it seems that the buyer would not get in trouble, why bring attention to the issue. If you know of an FFL who will make such a transfer, good for you. Don't tell the world. In fact, don't tell anyone.

terraformer · May 5, 2009

TNHunter said:
I am often amazed at the things some folks think it is OK to talk about on an open forum. We all clearly know this would be contrary to the AG's Regs. Even though it seems that the buyer would not get in trouble, why bring attention to the issue. If you know of an FFL who will make such a transfer, good for you. Don't tell the world. In fact, don't tell anyone.

Have you checked out MySpace or Facebook recently??? [smile]

TNHunter · May 5, 2009

No! Really! I guess I am so used to feeling like there are lots of folks that would just love to make trouble for us that I am paranoid. Oh wait! They do want to make trouble for us, don't they?

Buying a NEW non-MA compliant handgun from a FFL

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