C&R Handguns

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OK -

I know this has been asked before, but my search Juju isn't very good today. If a C&R holder brings a handgun into MA under his C&R and then decides to later sell it FTF in MA, the handgun is now legal in MA, correct - and can be transferred as such?

Thanks.
 
Yes, it can be transferred FTF to an individual with an appropriate license.

Disposition it from your bound book, and file a FA-10 within 7 days.
 
Of course, when the C&R holder first brings that gun into the state, an FA-10 must be filed on it, regardless of its eventual disposition.
 
FWW the fact that it is a C&R piece of 110% irrelevant under MGL/state law, at least. This is no different than a regular FTF sale as far as the state is concerned.

-Mike
 
Of course, when the C&R holder first brings that gun into the state, an FA-10 must be filed on it, regardless of its eventual disposition.

An FA-10 isn't required for firearms made prior to 1898, 1899, 1900 (one of those, I'm having a pre-coffee moment).

For guns made after that, but qualify as a C&R, yes, FA-10.
 
An FA-10 isn't required for firearms made prior to 1898, 1899, 1900 (one of those, I'm having a pre-coffee moment).

For guns made after that, but qualify as a C&R, yes, FA-10.

Correct. No FA-10 is required for...

MGL 140-121 said:
(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;

(B) any replica of any firearm, rifle or shotgun described in clause (A) if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade...
 
Can a a MA LTC holder possess a C&R handgun that is not on the "list" without having a C&R themselves? Or am I mixing that up with a dealer can't sell a non list gun to someone without a C&R?
 
MA Dealers can not legally TRANSFER (matters not if $ change hands) any handgun that is not on the EOPS List . . . exception for any handgun that was IN-STATE prior to 10/21/1998 (those are "grandfathered").

Has nothing to do with possession or FTF transfers.
 
Can a a MA LTC holder possess a C&R handgun that is not on the "list" without having a C&R themselves? Or am I mixing that up with a dealer can't sell a non list gun to someone without a C&R?

You're confused :) A C&R does not allow you to purchase guns that aren't legal to own in MA, it merely allows you to complete out of state transfers of C&R items without paying FFL fees (you're your own FFL in the aforementioned cases).

If a C&R can own it, so can you.
 
I understood the "rule" prevents an FFL01 "Dealer" from selling "defective" handguns to unsuspecting Mass residents.

If an FFL03 purchases a non-Mass-compliant (but C&R qualified) handgun out of state and registers it here, that is legal, is it not?

A later f2f re-sale to a Mass resident would fall under under the same rules as any ordinary citizen?
 
> If an FFL03 purchases a non-Mass-compliant (but C&R qualified) handgun out of state and registers it here, that is legal, is it not?

Legal, with the caveat that no state laws can be broken/overlooked, e.g., a double stack C&R handgun itself would be ok, but not the magazine if it had a newly (postban) manufactured magazine with it. Not that I know of any such deals, but that's the sort of thing to watch out for.

> A later f2f re-sale to a Mass resident would fall under under the same rules as any ordinary citizen?

Correct.
 
I've bought a pistol from out of state using my C&R, and then sold it FTF in MA on an FA-10 months later. No biggy.
What I think would get you in trouble would be if you were constantly buying C&R stuff and selling it (either to other C&R holders or 4 per year to non-C&R holders). The BATFE would see that as you trying to make it a business. I have no idea how many guns you'd have to sell from your C&R collection for the BATFE to start asking you questions, but I sure as hell am not going to test the waters to find out!
 
I've bought a pistol from out of state using my C&R, and then sold it FTF in MA on an FA-10 months later. No biggy.
What I think would get you in trouble would be if you were constantly buying C&R stuff and selling it (either to other C&R holders or 4 per year to non-C&R holders). The BATFE would see that as you trying to make it a business. I have no idea how many guns you'd have to sell from your C&R collection for the BATFE to start asking you questions, but I sure as hell am not going to test the waters to find out!

So I'm confused again. My understanding was that C&R to C&R sales in MA you still had to file an FA-10 as part of the transaction, which would presumably eat one of your four transfers allowed per year. This statement seems to contradict that. Can someone clarify this very important point?
 
So I'm confused again. My understanding was that C&R to C&R sales in MA you still had to file an FA-10 as part of the transaction, which would presumably eat one of your four transfers allowed per year. This statement seems to contradict that. Can someone clarify this very important point?

My understanding is the state of MA does not waive any of its laws just because you have an 03 FFL, so I believe C&R holders are still subject to the 4/year sales limit. IANAL.
 
Right but if you sell one of your C&R firearms to an out-of-state buyer, you would not be filling out an FA-10. When I sold the C&R pistol (which I filled out an FA-10 form for "registration" when I bought it from an out-of-state seller) to a MA resident with an LTC (who did not have a C&R license), we did an FA-10. If that person did have a C&R license, we would still have had to do an FA-10.
 
You make a really good point. I don't know the law regarding FA-10s when selling to an out of state person.
 
There isn't one.
Think of it this way: When you walk into a gun shop and sell them one of your guns, you don't fill out an FA-10. The FFL01 just logs it into his bound book and should give you a receipt or something in writing that says they took it from you (for your records).
When you sell one of your C&R guns to someone with a C&R license who does not live in MA, they (should) log it into their bound book, and provide you with a file copy of their C&R for your records. I have not sold a C&R gun to an out-of-state seller, but if I were going to, and it were to be done by mail (if it were a handgun, technically it would have to be done by mail), I would collect the money and a copy of the buyer's C&R license first, then ship the gun REQUIRING AN ADULT SIGNATURE and fill out the dispostion section in my bound book.
 
I've bought a pistol from out of state using my C&R, and then sold it FTF in MA on an FA-10 months later. No biggy.
What I think would get you in trouble would be if you were constantly buying C&R stuff and selling it (either to other C&R holders or 4 per year to non-C&R holders). The BATFE would see that as you trying to make it a business. I have no idea how many guns you'd have to sell from your C&R collection for the BATFE to start asking you questions, but I sure as hell am not going to test the waters to find out!

BATFE would be extremely hard pressed to prove that four sales a year constitutes dealing in firearms.
 
From ATF.gov WHAT ARE CURIOS OR RELICS? #3 says

3.) Any other firearms which derive a substantial part of their monetary value from the fact that they are
novel, rare, bizarre, or because of their association with some historical figure, period, or event.
Proof of
qualification of a particular firearm under this category may be established by evidence of present value
and evidence that like firearms are not available except as collector’s items, or that the value of like
firearms available in ordinary commercial channels is substantially less.
First part there sounds like I could purchase any firearm that is affected by AWB in Ma. with a C&R[smile]
 
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I can't put my hands on it but there is some text that BATFE publishes describing the way they look at doing business. It is a broad definition, but unless I were liquidating a collection, I would think 40 guns would be well over the line.
 
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