C&R in NH buying from MA

[Len-2A Training]

But remember, there is no "transfer out" in Massachusetts. The FA-10 (e or not) only adds another owner to the "list" and firearms are never removed from said "list".

Not really true in the database.

 

[Ben Cartwright SASS]

Yes DRGRANT and eric1337 that is true it only shows you no longer own the gun.

BUT

What is the gun is used in a robbery or shooting and you are the last link in the chain, guarantee John Law will be at your door asking to see the gun and got help you if you can't find a receipt for where you sold it. Also FRB will be there with a multi thousand dollar fine for not filling out the FA10 to record you sold it.

Personally I am anal about sales to get things out of my name so I am not the current owner, PM me if you want my opinion on purchases.

 

[K98]

OK, so here's another scenario. A Mass owner wants to consign a registered firearm to an out-of-state auction. What FA form is that?

 

[Len-2A Training]

OK, so here's another scenario. A Mass owner wants to consign a registered firearm to an out-of-state auction. What FA form is that?

Same. FA-10, hard copy only.

 

[inerlogic]

MA dude can just mail it to you. You're not under any obligation to do anything. MA guy doesn't need to file paperwork because FA10 would be meaningless in this case, 'cuz he's selling to an FFL.

Don't make it more complicated than it needs to be.

^^this

 

[exo]

I still don't believe that there is any obligation for a MA resident to file a FA-10 when they sell a gun to a dealer out of state. MA law governs what happens within the state, not outside of it.

 

[jpm]

When an FFL charges $40 for the Transfer, then add on the Postage, that way is not inexpensive, either.

I don't know where you're getting raped for $40 transfer fees but there's plenty of $20-25 FFLs around here. And Flat Rate postage is about $10-12 so you really do save money.

 

[warwickben]

Yes DRGRANT and eric1337 that is true it only shows you no longer own the gun.

BUT

What is the gun is used in a robbery or shooting and you are the last link in the chain, guarantee John Law will be at your door asking to see the gun and got help you if you can't find a receipt for where you sold it. Also FRB will be there with a multi thousand dollar fine for not filling out the FA10 to record you sold it.

Personally I am anal about sales to get things out of my name so I am not the current owner, PM me if you want my opinion on purchases.

Look up the fines for not doing a fa-10

 

[Ben Cartwright SASS]

I still don't believe that there is any obligation for a MA resident to file a FA-10 when they sell a gun to a dealer out of state. MA law governs what happens within the state, not outside of it.

If you are still in the state you are governed by state law.

Basically put, a C&R has to follow all the laws and regulations of the state that there C&R is granted it, i.e. the address on your C&R, it says so in the BATFE regulations. That means FA10's. Second, any transfer of a firearm (not loaning or borrowing at the range or to go hunting) needs to be documented by an FA10, ANY.

You may flame me but the "I don't need to do an FA10 because I sold/transferred/consigned a gun to an FFL" is an urban myth. The FFL has to log it into their book just like you have to do if you are a C&R and therefore it is no longer your gun. To document that you need to do an FA10, simple enough.
Personally I want the paper trail to lead away from me, I don't want to be the "go to" guy for the state or the feds. If you are buying a gun from me you will be doing an FA10 with me, if I sell it to a dealer I document it with an EFA10 for Mass Dealers, paper FA10 for out of state dealers.

Yes as Len said the issue can get sticky if you legally transfer a handgun to an out of state C&R and their license is in their personal name (as mine is) as it would look like a transfer to an individual, if it is "Bob's Guns, Beer, and Bait" that wouldn't raise eyebrows but "John Smith" might well. I think if you did all the paperwork and had all the I's and T's crossed you would be ok with BATFE (IANAL)

 

[inerlogic]

Look up the fines for not doing a fa-10

mircs website "help" links to a PDF which says it's a criminal offense.....

briefly scanned 128 and 128a, didn't see any mention of fines or anything..... *shrug*

someone should call 'em and ask....

 

[Len-2A Training]

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128B

Section 128B. Any resident of the commonwealth who purchases or obtains a firearm, rifle or shotgun or machine gun from any source within or without the commonwealth, 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, and any nonresident of the commonwealth who purchases or obtains a firearm, rifle, shotgun or machine gun from any source within or without the commonwealth, other than such a licensee or person, and receives such firearm, rifle, shotgun or machine gun, within the commonwealth shall within seven days after receiving such firearm, rifle, shotgun or machine gun, report, in writing, to the commissioner of the department of criminal justice information services the name and address of the seller or donor and the buyer or donee, together with a complete description of the firearm, rifle, shotgun or machine gun, including the caliber, make and serial number. Whoever violates any provision of this section shall for the first offense be punished by a fine of not less than $500 nor more than $1,000 and for any subsequent offense by imprisonment in the state prison for not more than ten years.

 

[inerlogic]

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128B

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

so if obtained FROM a licensee, this doesn't apply.....

 

[Ben Cartwright SASS]

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

so if obtained FROM a licensee, this doesn't apply.....

A licensee is a 01FFL and they are REQUIRED to do an FA10 for you and you get a copy of it. If an 01FFL doesn't do the FA10 they are in big trouble (I believe section 122 states that they are talking about Mass Dealers)

 

[inerlogic]

or a person authorized to sell firearms under section one hundred and twenty-eight A

128A mentions LTCs and FIDs

 

[exo]

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128B

That covers acquiring, not selling. In MA the onus is on the seller (or, if purchased out of state, the buyer to self-report within 7 days of bringing back into MA) to file the paperwork. Show me where in the law it says that if you sell to a dealer out of state that you have to report that, too.

 

[exo]

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128A

Section 128A. The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed as provided in section one hundred and twenty-two, sells or transfers a firearm, rifle or shotgun to a person licensed under said section one hundred and twenty-two, or to a federally licensed firearms dealer or to a federal, state or local historical society, museum or institutional collection open to the public. The provisions of section one hundred and twenty-eight shall not apply to any resident of the commonwealth who, without being licensed as provided in section one hundred and twenty-two, sells or transfers to other than a federally licensed firearms dealer or organization named above not more than four firearms, including rifles and shotguns in any one calendar year; provided, however, that the seller has a firearm identification card or a license to carry firearms, is an exempt person under the conditions of clauses (n), (o), (r) and (s) of the fourth paragraph of section one hundred and twenty-nine C, or is permitted to transfer ownership under the conditions of section one hundred and twenty-nine D and the purchaser has, in the case of sale or transfer of a firearm, a permit to purchase issued under the provisions of section one hundred and thirty-one A and a firearm identification card issued under section one hundred and twenty-nine B, or has such permit to purchase and is an exempt person under the provisions of section one hundred and twenty-nine C, or has been issued a license to carry firearms under the provisions of section one hundred and thirty, or in the case of sale or transfer of a rifle or shotgun, the purchaser has a firearm identification card or a license to carry firearms or is an exempt person as hereinbefore stated. Any sale or transfer conducted pursuant to this section shall comply with section 131E and shall, prior to or at the point of sale, be conducted over a real time web portal developed by the department of criminal justice information services. The department of criminal justice information services shall require each person selling or transferring a firearm, shotgun or rifle pursuant to this section to electronically provide, though the portal, such information as is determined to be necessary to verify the identification of the seller and purchaser and ensure that the sale or transfer complies with this section. Upon submission of the required information, the portal shall automatically review such information and display a message indicating whether the seller may proceed with the sale or transfer and shall provide any further instructions for the seller as determined to be necessary by the department of criminal justice information services. The department of criminal justice information services shall keep a record of any sale or transfer conducted pursuant to this section and shall provide the seller and purchaser with verification of such sale or transfer.