Handgun/gift question

[Mattitude]

I'll be heading back home on leave early next month and I would like to give my father a handgun. He has a LTC-A. I have my CZ-83 in mind as a gift but of course I want to make sure that this is all legal-like in MA. Is this ok? What do I/he need to do? I plan to drive up.

 

[PistolPete]

You will need to fill out an FA-10 form that you would do if you sold the gun to him. You can pick these forms up at most police stations or online as well. Just make sure you keep one copy, give your dad one, and send the other to the firerarms record board in Chelsea.

Is it legal??? You betcha!!!

Added: Do you have a MA permit??? I just looked at your location and it states N.C. If so the transfer would have to go thru an FFL and that might not work unless the gun is on "the list."

 

[vellnueve]

If you are legally a Mass resident there shouldn't be a problem, as long as you have an LTC.

Just note that no money can change hands otherwise BATFE may consider it to be a straw purchase.

 

[Scrivener]

How and where was the CZ acquired? A Mass resident acquiring a handgun is SC could be problematic.

 

[Len-2A Training]

How and where was the CZ acquired? A Mass resident acquiring a handgun is SC could be problematic.

NOT for someone in the military, most of the civilized states will treat him like a Resident based on his Orders attaching him to a military post. Thus, he can legally (per BATFE) purchase a gun where he is posted.

If he kept his legal residence as MA AND has a current MA Resident LTC, he certainly can do the transfer . . . gift or sale is irrelevant and "straw purchase" does NOT come into play (another response) as long as his Father is legally able to possess handguns (MA LTC).

Most chiefs are denying MA LTCs to military personnel stationed in MA and thus they can not even buy ammo here unless MA was their legal residence prior to entry to the military. "MA is DIFFERENT!"

 

[vellnueve]

Doh, you're right. I failed to read that it's already his CZ-83 and that he's not just buying one to give to someone else.

 

[Scrivener]

Doh, you're right. I failed to read that it's already his CZ-83 and that he's not just buying one to give to someone else.

The acquisition of the gun is a slight wrinkle; however, as the OP already owns it AND the intended beneficiary is duly licensed, there is no straw purchase.

 

[Scrivener]

NOT for someone in the military, most of the civilized states will treat him like a Resident based on his Orders attaching him to a military post. Thus, he can legally (per BATFE) purchase a gun where he is posted.

If he kept his legal residence as MA AND has a current MA Resident LTC, he certainly can do the transfer . . .

You confuse state of residency for active duty personnel per Federal law and residency for Massachusetts licensing. Per BATFE:

What constitutes residency in a State?

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. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

Now tell us how a serviceman stationed in SC can commute to Mass. daily.

And then how someone deemed an SC resident because of his duty station can even hold a RESIDENT Mass. LTC, still less transfer a handgun on it.

 

[vellnueve]

The acquisition of the gun is a slight wrinkle; however, as the OP already owns it AND the intended beneficiary is duly licensed, there is no straw purchase.

Cool.

 

[Mattitude]

Thanks for the replies. I am a MA resident but am stationed in NC. I am considered a resident of NC for the purposes of purchasing firearms but I don't pay income taxes here. I DO NOT have a MA LTC (the logistics involved prohibit me from obtaining one until I retire because of the time/requirements involved) but have a NC CCW. Would I be covered under the peacable journey laws until I reach the destination (Sandisfield) and then hand over said sweet CZ-83 to a LTC holder?

 

[Len-2A Training]

Matt, NO!

For the above to be legal, YOU would have to have a MA LTC!

No LTC, you can't give the gun to ANY MA Resident (not even your Father).

No MA Dealer can transfer the gun to your Father, as it's not on the EOPS List here. So ONLY a FTF transfer between TWO LICENSED (MA LTC) MA Residents can be done.

Don't know what "logistics" you refer to that would only allow you to get a MA LTC after you retire, but some PDs will accommodate folks who apply. You would need a MA State Police Certified Instructor given course however. There could be people in NC who are so qualified or special arrangements could be made while you are in MA.

IANAL, but FOPA requires that you be "legal" in both your starting point and destination (MA) and since you aren't legal to possess any guns in MA without an LTC, I don't think FOPA will protect you bringing the gun up here anyway.

Sorry.

 

[vellnueve]

LenS is correct.

I'm sort of confused as to your residency status but it would also appear that besides the above, you also couldn't do it just because you can't transfer a handgun to a resident of another state under federal law.

 

[Adam_MA]

Though, if you father is legal in this state, you could technically "loan" the gun to him, so he can use it. He would of course have to come down and pick the gun up, because it wouldn't be legal for you to drive back to MA as a destination if you cannot legally own the gun here. Though, you could legally possess the gun in NH, so you could always go there as your destination.

 

[Neptune Cat]

Though, if you father is legal in this state, you could technically "loan" the gun to him, so he can use it. He would of course have to come down and pick the gun up, because it wouldn't be legal for you to drive back to MA as a destination if you cannot legally own the gun here. Though, you could legally possess the gun in NH, so you could always go there as your destination.

Or VT since you may be coming up Rte 8.

 

[Mattitude]

Thanks for all of the advice! My residence is NC, but my home of record is MA because of my active duty military status. Due to the time involved in getting a MA LTC for myself, I won't be able to get one until I seperate. Oh well...I'll be up in Sandisfield from 5-8 June and for the rest of the week my southern wife wants to see around New England. Any good places y'all would recommend???

 

[Scrivener]

Thanks for all of the advice! My residence is NC, but my home of record is MA because of my active duty military status. Due to the time involved in getting a MA LTC for myself, I won't be able to get one until I seperate. Oh well...I'll be up in Sandisfield from 5-8 June and for the rest of the week my southern wife wants to see around New England. Any good places y'all would recommend???

Yes - Lime Rock. When I was at UMass/Amherst, I took 10/202 down through the Sandisfield State Forest, then a couple of "blue highways" past a town so small the Post Office was also the store and gas station, then onto Route 7 and down into Lime Rock. Great spectating and good racing.

There's also the whole Norman Rockwell/Alice's Restaurant Stockbridge thing.

 

[Scrivener]

Oh well...I'll be up in Sandisfield from 5-8 June and for the rest of the week my southern wife wants to see around New England. Any good places y'all would recommend???

Yes - Lime Rock. When I was in Amherst, I used to take 10/202 down through the Sandisfield State Forest, then a couple of "blue highways" through a town so small the Post Office, gas station and store were the same building, and finally come out on Route 7 just above the border. Follow it south and then the signs for Lime Rock Park. A great venue with excellent spectating. The American LeMans Series might be there that week.

There is also the obligatory Norman Rockwell/Alice's Restaurant/Naumkeag visit to Stockbridge.

 

[dixidawg]

Wow. Back many moons ago I used to hunt in Sandisfield and Otis. We used to stay at the Grouse House or the Hot Spurr Inn. Got breakfast at Country Cousins (or something like that) on Rte 8. We hunted the pipeline off of Beech Plain Rd, on the west side of Rte 8. I seem to remember there was a small plane wreckage in the hills in there somewhere. That is the first place I ever saw a coyote in the wild, except everyone called them coydogs back then. Brother-in-law shot his first deer there.


Memories...