Frustrating Day . . .

[MetroWest]

I made my first internet purchase of a handgun last week - a Colt Combat Commander (pre-80 series). I thought I had all the bases covered: seller was a Western Mass dealer/FFL, who stated it was Mass Compliant. Rather than making the 5 hr round trip to his shop, I had him ship it for $14 to a gun shop in Woburn.

The selling dealer also sent a signed FFL, and a copy of an FA-10 showing the sale of the pistol from a (different) MA Dealer to a MA resident earlier this year.

I would have assumed that if there was a prior FA-10 executed (even though after 1998) showing a sale from a MA Dealer/FFL to a MA resident, that would suffice to demonstrate the handgun had been legally sold / possessed in Mass prior to the current transfer. This was a bad assumption.

Local dealer would not transfer the handgun and told me it had to be shipped back that day using next day delivery. The charge was $35 (a $15 "transfer fee" and $20 s/h charge).

Live and learn: 1) next time I'll suck it up and purchase the item in person from the seller; 2) there doesn't seem to be any standard across Mass dealers for what gives them a comfort level in transferring a used handgun; 3) assume the min necessary paperwork on a used handgun is a full chain of custody back to pre-1998.

At least the Colt was as advertised - I'll drive out to pick it up in person next week - wiser but poorer . . . .

 

[Admin]

Sorry to hear about the ordeal. Isn't Mass just grand? [roll]

 

[Lynne]

Some dealers can be a bit paranoid about taking in guns because of the AG and his lack of direction. It's frustrating to go through, but I suppose you can't blame them. They aren't making the big $$'s like they used to and don't have the $$'s to launch a court fight.

 

[Len-2A Training]

Just so you'll know:

- By the law the gun has to have been IN MASS ON 10/21/98 to be dealer salable OR mfd PRIOR to that date AND on the EOPS List.

- Just because a prior dealer sold a gun a year ago doesn't prove it was in MA ON 10/21/98.

- A sworn statement by the seller won't cut it either, not when a dealer is looking at $5K fine/gun, $x0,000 in legal fees, and perhaps jail time. Oh yes, the dealer would then be a "prohibited person" and lose his/her 2nd Amendment rights for life too. Would you take those risks for $15-35 transfer fee?

- I have watched MA FFLs sell Glocks to people, even when they aren't legal to sell (this was a few years ago at a gun show). I also was told that the FFL was forced to give up his ownership of the business and FFL to avoid prosecution, so Big Brother IS WATCHING THEM!

- I know that a large gun shop shelled out thousands in legal fees to defend himself against charges of selling non-compliant guns. What he did was perfectly legal and they dropped the charges (actually it was something like $50-100K in fines IIRC), but it cost him to prove he was within the law (they were all LEO sales that were AG exempt sales, but the form doesn't have any place for an FFL to make that notation . . . so it becomes a "guilty until proven innocent" deal). Yup, the owner is now paranoid! Can't say that I blame him.

- No Colts are on the EOPS List (and they will never be), so the dealer needs proof of where the gun was possessed on 10/21/98 to make a legal sale.

- Some dealers are taking chances, but once they get burned they won't do it again.

NOTE: I am NOT a lawyer, but if you read the statute, I believe it says basically "in state ON 10/21/98" so that legally if someone owned it in MA but brought it up to their cabin in NH from 10/20/98 to 10/22/98 one could surmise that the gun could NEVER be sold by a MA Dealer to a MA Resident again! The 1998 law was written VERY sloppy with a lot of things written in ways that lead to these kind of problems.

 

[Bruce for NH State Rep]

I feel so safe now, just knowing you've been temporarily denied access to such a weapon of mass destruction. The sweet innocent children are now free to roam the fields of daisies and honeysuckle.

<insert vulgar vitriol aimed and our state legislature and Attorney General here>

 

[Admin]

[lol] Honeysuckle was a nice touch. [lol] [lol]

 

[MetroWest]

Looking back a week I can now laugh about it. What I left out of my original post was a few items that contributed to the overall frustration level that day.

1) I had bought a S&W 3rd gen pistol from the same local dealer last year. Great gun at a great price. But - the only documentation I have for it is my copy of the FA-10 form showing a 2004 dealer transfer to me. I have no proof that the gun was in MA in 1998, and this model is not on the EOPS list. Any dealer (other than who sold it to me) could refuse to buy it from me by telling me I have no proof that the gun was in MA prior to the 1998 cutoff. And they would be right.

2) No Nextel cell service for a 3/4 mile radius around the gun shop! And there is a Nextel sales office in the same building! Had to drive down the road a piece to be able to call the selling dealer and then drive back to relay the contents of the call.

3) Of course while doing this I got a flat tire. Said tire was only 10 days old. Good news was it was only a bad valve stem; bad news was tire dealer had charged me for new stems 10 days earlier. Better news was that Montvale Tire (not the guy who sold me the tires) in Woburn took me in without an appointment and got me out within an hour. Highly recommended.

mAss Backwards - I'm lucky - both my State Rep and Sen are Republicans. Enjoy your blog - maybe someday we can trade ANOC war stories.

The experience was good in a way - it did make me mad enough at the system to get a GOAL membership - something I should have done a long time ago.