Does one need to "register" a patrol rifle?

[Tackdriver VillenTactical]

I am a policeman in Mass., and will be buying an AR patrol rifle from a dealer in New Hampshire. It was manufactured recently but has all the prohibited features. Do I need to fill out any paperwork with the state to make them aware this is a work item or am I all set with just a regular FA10 registration once I get it here?

Your opinions are welcome, but if you know of any state policies I could reference that would also be appreciated.

Thanks, Dave

 

[MichaelJ]

Good question ... similar situation here.

 

[GLOCK.Perfection]

i am going to guess that it needs to go to the department, and be owned by the department if it is an "assault weapon"

Jeremy will be along shortly to correct me.

 

[Palladin]

i am going to guess that it needs to go to the department, and be owned by the department if it is an "assault weapon"

Jeremy will be along shortly to correct me.

my guess also.

 

[fbirdquik6]

Its the interstate transaction part that I dont know about

 

[GLOCK.Perfection]

Its the interstate transaction part that I dont know about

interstate transactions are fine for long guns, you just need to fill out an FA-10 when you bring it into mass

 

[fbirdquik6]

interstate transactions are fine for long guns, you just need to fill out an FA-10 when you bring it into mass

That isnt the case with long guns listed on the Massachusetts Assault weapons list (or whatever its officially called). I believe they must be transferred thru an FFL the same as handguns.

 

[terraformer]

That isnt the case with long guns listed on the Massachusetts Assault weapons list (or whatever its officially called). I believe they must be transferred thru an FFL the same as handguns.

No, MA law does not effect other states and federal law only provides restrictions on handgun sales to out of state residents. States can have laws that add restrictions (like MA does, VT does, etc) but there is nothing specifically prohibiting sales like this on the FFL. That said, an FFL in one state would likely restrict themselves for good measure, but I have walked into FFLs in NH and they made it clear they would sell me anything I wanted beyond handguns.

 

[economist]

No, MA law does not effect other states and federal law only provides restrictions on handgun sales to out of state residents. States can have laws that add restrictions (like MA does, VT does, etc) but there is nothing specifically prohibiting sales like this on the FFL. That said, an FFL in one state would likely restrict themselves for good measure, but I have walked into FFLs in NH and they made it clear they would sell me anything I wanted beyond handguns.

From the BATF:

(F2) May a licensed dealer sell a firearm to a non-licensee who is a resident of another State? [Back]

Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922(b)(3)]

 

[terraformer]

From the BATF:

Well then, there are some ballsy FFLs in NH, or they don't seem to care about the AWB aspects of MA law.

 

[fbirdquik6]

From the BATF:

Thank you I couldnt find the law myself but I knew that was the policy.

 

[GLOCK.Perfection]

Well then, there are some ballsy FFLs in NH, or they don't seem to care about the AWB aspects of MA law.

and a lot of the FFL's just dont realize it. Technically out of state FFL's should be checking FID's and LTC's for long gun purchases. Which would mean they would need to know when they need to ask for LTC's or just an FID

I once bought a rifle in CT, and when i asked if they wanted to see my FID, the guy was insistent that it wasn't needed

 

[M1911]

That isnt the case with long guns listed on the Massachusetts Assault weapons list (or whatever its officially called). I believe they must be transferred thru an FFL the same as handguns.

I'm not aware of a federal law that would require this. The requirement for handguns to be transferred via an FFL in the buyer's state of residence is a federal law.

 

[economist]

and a lot of the FFL's just dont realize it. Technically out of state FFL's should be checking FID's and LTC's for long gun purchases. Which would mean they would need to know when they need to ask for LTC's or just an FID

I once bought a rifle in CT, and when i asked if they wanted to see my FID, the guy was insistent that it wasn't needed

I have experienced the same thing, though recently at a large national chain store out of state I noticed that they had a little cheat sheet tacked to the wall for out of state sales. In my case they did ask for my license. That was the first time that has happened to me out of state.

 

[KMM696]

My opinion is that a regular FA-10 registration would cover you. If you're paying for the rifle, and having it transferred to you (not your dept.), you need to fill out an FA-10 to satisfy MGL C140 S128b.

If I were the NH FFL, I would want to see your Mass. LTC A and statement on department letterhead that the rifle was for "for purposes of law enforcement" (MGL C140 S131m). That should satisfy the 18 U.S.C. 922(b)(3) requirement that the sale be legal in both NH and MA.

The easiest way I can think of to show that you are not in violation of C140 S131m while in Mass. is to qualify with the rifle, and to carry a copy of that qualification while in possession of the rifle or it's hi-cap post ban mags and not obviously on duty. In uniform, with the rifle in the trunk it's never going to be an issue. Off duty, on the range, I'd like to have that paperwork for the convenience of making range busybodies go away faster.

Obviously, I'm not a lawyer, so my opinion is worth what you paid for it. I've gotten into this stuff while trying to convince my chief to let me replace that least left hand friendly of shotguns, the 870, with an AR - even if I have to buy it myself.

 

[abomb60]

A regular FA-10 is all that is necessary. MGL's exempt law enforcement from the AWB for the purposes of law enforcement. If this is a patrol rifle for on-duty use but purchased personally you're fine. Some may want to see a letter on department letterhead but there is no legal requirement for that in MA.

 

[MichaelJ]

Now how would it work if you were buying an upper for a post ban lower that you already own? These can be shipped to you personally without ANY FFL involvement.

 

[joehaus]

Now how would it work if you were buying an upper for a post ban lower that you already own? These can be shipped to you personally without ANY FFL involvement.

An upper is not a firearm.

 

[Sigmond]

Depends

Dave,

Is it full auto? Did u purchase it on your badge?

 

[drgrant]

Now how would it work if you were buying an upper for a post ban lower that you already own? These can be shipped to you personally without ANY FFL involvement.

The key here is that the MA AWB has -nothing- to do with FA-10 registration or reporting requirements. It would be no different if you had gone to NH and picked up a single shot 12G shotgun, the rules for "registration" don't change.

If you are building a rifle the rules also do not change. You would register the gun upon completion the same way you would if it was a "non aw".

There are no special considerations in MA WRT "post-94 assault weapons" beyond the sole consideration of being legally able to possess them.

-Mike

 

[abomb60]

Dave,

Is it full auto? Did u purchase it on your badge?

If it was full auto he couldn't purchase it. The department would have to purchase it and issue it to him for duty use.

 

[Half Cocked]

FA-10 and your good.

 

[MichaelJ]

Some clarification ... If I buy an "evil" upper for my post ban lower as a LEO, am I good to go?

 

[Len-2A Training]

Some clarification ... If I buy an "evil" upper for my post ban lower as a LEO, am I good to go?

Yup!

 

[terraformer]

Yup!

What a joke... No, I don't mean you or him, I am venting at the stupidity of the whole situation.

 

[Len-2A Training]

What a joke... No, I don't mean you or him, I am venting at the stupidity of the whole situation.

Understand and fully agree.

My pre-ban CAR-15 is no more or less "deadly" than my during the ban AR-15.

But, when you have absolute morons (with an agenda) writing laws, this is what you get.

 

[GLOCK.Perfection]

so LE can personally own Post ban Evil AR's if they are for duty use, or they can own them personally period?

 

[delgrifith]

copies of the BATF regs and MA GL C140 should come with a bottle of whiskey.

 

[KMM696]

so LE can personally own Post ban Evil AR's if they are for duty use, or they can own them personally period?

I see it as an interpretation issue - AWB exempt "for the purposes of law enforcement" means what, exactly?

Purchasing your own duty rifle is easy to trace back to that purpose, but so, it could be argued, would buying a semi-auto post-ban evil featured AR clone of a department M4 for training or practice. I think it comes down to what your department considers acceptable.

 

[GSG]

What a joke... No, I don't mean you or him, I am venting at the stupidity of the whole situation.

Understand and fully agree.

My pre-ban CAR-15 is no more or less "deadly" than my during the ban AR-15.

But, when you have absolute morons (with an agenda) writing laws, this is what you get.

copies of the BATF regs and MA GL C140 should come with a bottle of whiskey.

No kidding. I'd say it can't get any worse than this, but I don't want to tempt the Brady Bunch.