Firearm transfer from Ma resident in Florida

[OU812]

I feel like I should know the answer to this question, but just want to ask here before I do something illegal...

I'm in Florida and my friend is a resident of Massachusetts and has a place in Florida. He's licensed to carry in both states. He has a handgun in Florida that I want to buy. It's not registered in Mass, but legally bought in Florida (the local FFL says it doesn't have to be).

Can I go online and file an EFA10 transfer and bring the gun back with me assuming the transfer goes through? (properly checked in at the airport of course)

 

[grizquad]

Just my thoughts, If you are in Fl. and a Ma. resident, I don't see how the FFL can transfer a handgun to you in Fl. If the gun is on the MSP approved list, and talking to your favorite FFL in Ma. beforehand to see if he will transfer it to you, I think thats the route you would have to go. With that said if your Ma. FFL will accept a transfer from an individual, a copy of his DL in with the gun, he ships it to your FFL and you get it when you get home and local FFL fills out the paperwork. Hope this makes sense.

 

[soam]

Non-FFL transfers of handguns must be between residents of the same state. According to the ATF, "The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State..."

Since your friend has homes in both MA and FL, he is a resident of whichever of those states he is currently present in. Thus, he is a FL resident when in FL, and a MA resident when in MA.

Therefore, he cannot legally transfer the handgun to you, a MA resident, while he is present in Florida. If he brought the handgun back with him to MA, and did the requisite FA10 registration within 7 days of bringing it into the state, he could then legally transfer it to you via private FA10 transfer since he would then be a resident of MA.

https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#state-residency