Firearm Purchase Question

[Patriot]

For years now I have been trying to get my friend to sell me his Star .45.
He purchased it at CCG in the early 90's (91,92) and has since moved to NH.

The question I have is:

Is this MA compliant so that I can still purchase this from him?

TBP

 

[LoginName]

That's a good question, I'm curious to know the answer myself.

The gun was bought in MA (and presumably registered), prior to 1998, so under normal circumstances it could be re-sold either FTF or by a MA FFL.

Once a person moves out of state and takes their pre-1998, off-list firearms with them, do they become "unregistered" (assuming proper notification), and can't be transferred via an FFL?

 

[sdavid]

This is my understanding of the process: the firearm in question was in MA prior to that magic date in 1998 correct? If that can be proved then a FFL in MA can sell, or in this case transfer, said firearm to a MA resident with the correct LTC. The person who has the firearm right now would need to have a receipt or a copy of the FA-10 to show that it was in state.

 

[Len-2A Training]

Complex answer:

- The way that the idiots wrote this law, the gun must be in MA (and held by a MA licensed person/business) ON 10/21/98. [Law says "on" rather than "on or before".] Read literally (which nobody but me has ), if you were on vacation and stayed out of MA that entire day (with a given handgun) that gun is no longer transferable in MA. However nobody can really prove if the gun was "in state" or out on that day, so everyone ignores the "letter of this law".

- The way that this law is being interpreted by most every dealer is that if the gun-owner has PROOF that s/he bought the gun before 10/21/98 and registered the transaction with the state, they will do the transfer as an exempt gun. Problem with this is that most folks don't keep their paperwork and thus are unable to prove that they actually have a compliant gun.

 

[LoginName]

Complex answer:

- The way that the idiots wrote this law, the gun must be in MA (and held by a MA licensed person/business) ON 10/21/98. [Law says "on" rather than "on or before".] Read literally (which nobody but me has ), if you were on vacation and stayed out of MA that entire day (with a given handgun) that gun is no longer transferable in MA. However nobody can really prove if the gun was "in state" or out on that day, so everyone ignores the "letter of this law".

- The way that this law is being interpreted by most every dealer is that if the gun-owner has PROOF that s/he bought the gun before 10/21/98 and registered the transaction with the state, they will do the transfer as an exempt gun. Problem with this is that most folks don't keep their paperwork and thus are unable to prove that they actually have a compliant gun.

CCG should still have the 4473 on file. Assuming they want take the time to dig it out (and handle the transfer), would that be proof enough?

 

[Patriot]

Complex answer:

- The way that the idiots wrote this law, the gun must be in MA (and held by a MA licensed person/business) ON 10/21/98. [Law says "on" rather than "on or before".] Read literally (which nobody but me has ), if you were on vacation and stayed out of MA that entire day (with a given handgun) that gun is no longer transferable in MA. However nobody can really prove if the gun was "in state" or out on that day, so everyone ignores the "letter of this law".

- The way that this law is being interpreted by most every dealer is that if the gun-owner has PROOF that s/he bought the gun before 10/21/98 and registered the transaction with the state, they will do the transfer as an exempt gun. Problem with this is that most folks don't keep their paperwork and thus are unable to prove that they actually have a compliant gun.

Well, by definition, if it was bought at CCG in Stoneham then it would have
been registered with "the state" and all I would need is a reciept showing
this. Now to another question: Can this be transferred FTF if the gun
is a Mass gun?

Thanks to all who answered..

TBP

 

[Len-2A Training]

CCG was under different ownership in 1991-2. I suspect that when that FFL holder sold the business, the Feds took possession of his 4473s. Call Jack and ask him to be sure.

Fed Law says NO firearms transfers between non-licensees unless both parties are resident of the same state at the time of transfer. So, no you can't do a FTF in this case from the facts given.

 

[Nickle]

When you sell a Retail FFL or Manufacturing business, the 4473's normally go to the new owner, Len.


ETA - added word to clarify.

 

[Len-2A Training]

Nickle, thanks for that info.

 

[Nickle]

No problem. Remember, USUALLY. The seller can turn over everything to the BATFE, if they want.

 

[RKG]

I suspect this question may be pre-empted by the federal law: you can purchase only from an FFL or in a face-to-face transaction conducted in the state in which you reside.

"(a) It shall be unlawful--

"(3) for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter [effective Dec. 16, 1968];"

18 U.S.C. sec. 922.

 

[Lynne]

TBP - is that a MegaStar .45?? Ed had one - what a sweet gun. If that's it, no wonder you want to buy it.