having a handgun shipped to NH and then transferred to Mass question

[veriluxxx]

have a question for you guys

online dealer will not ship to mass even though handgun is on approved weapons roster, what are my options?

1. could I have the online company ship to a NH FFL and then I could pick it up from NH FFL
2. could I have the online company ship to a NH FFL, have my friend who's a NH resident pick it up and then bring to Mass FFL for transfer from me to him?

 

[robjax]

 

[ColdDayInHell]

1. No way.
2. Absolutely not. Sounds like a straw purchase to me.

I think you're SOL here because the online dealer is just scared of MA.

 

[TBalls]

Find a different dealer.

 

[hunt4riches]

have a question for you guys

online dealer will not ship to mass even though handgun is on approved weapons roster, what are my options?

1. could I have the online company ship to a NH FFL and then I could pick it up from NH FFL
2. could I have the online company ship to a NH FFL, have my friend who's a NH resident pick it up and then bring to Mass FFL for transfer from me to him?

#1 doesn't work due to federal law (no handgun purchases in state of non-residency - period)
#2 is a straw purchase

 

[browncoat]

#1 doesn't work due to federal law (no handgun purchases in state of non-residency - period)
#2 is a straw purchase

Hunt4riches is absolutely right. Yes, it sucks that we can't buy handguns from out of state dealers/residents. Thank the 1968 GCA for that.

Here is a quick run down of cans and can'ts:

CAN:
Buy a rifle or shotgun out of state from a dealer in any state (fed law, some state laws won't let you)
Buy a rifle, shotgun, or pistol from a resident of your state
Buy ammo in a different state
Ship a firearm to yourself in a different state.

CAN'T:
Buy a pistol from a dealer in a different state
Buy a rifle or shotgun or handgun from a resident of a different state
Buy a firearm intended to be sold to someone else
Ship a firearm to a resident of a different state without an FFL

 

[veriluxxx]

1. Could the NH FFL ship to a Mass FFL?
2. how is it a straw purchase if it does through 2 different state FFLs?

 

[retroLS1]

You can buy a pistol from a dealer in another state, as long as they ship to a willing FFL in MA that will do the transfer for you.

 

[browncoat]

1. Could the NH FFL ship to a Mass FFL?
2. how is it a straw purchase if it does through 2 different state FFLs?

Because the NH resident is not purchasing the gun for his own purposes, he is purchasing it for you. There was a recent case where one relative bought a gun for another relative, neither of them being PP, and they ended up with straw purchasing charges, so it isn't much of a stretch to say that the pick up and deliver would be considered a straw purchase.

The NH FFL could ship it to a MA FFL. The biggest problem will still be the List. Hopefully Comm2A will make headway against the AG rules ..

 

[veriluxxx]

Find a FFL in New Hampshire that has a FFL in MA. Last I Knew, Terry Goode, Collectors Militaria on Rte. 38 in Pelham, New Hampshire has such a set up.

THIS!!!! thanks so much

 

[iofneedle]

It's up to the FFL in MA to transfer the firearm? They decide if it's MA "legal"...is that correct?

One FFL could transfer while another one could not?

 

[jpm]

the place in Salem NH has an FFL in both states, have it shipped there.

 

[atilla]

OP's goin' 'ta jail.

 

[Racenet]

#1 doesn't work due to federal law (no handgun purchases in state of non-residency - period)

Not quite true. There are no handgun transfers in a state of non-residency. You can buy all you want in another (forget about the MA bull$hit), but they must be sent to an FFL in your state of residency for transfer to you.

I purchase handguns from other states quite often. They are then transferred to my FFL here in NH, where they are transferred to me. I didn't buy them from the NH FFL.

 

[veriluxxx]

the place in Salem NH has an FFL in both states, have it shipped there.

is this place gun sport north?

 

[jpm]

is this place gun sport north?

that's it, I couldn't remember the name

 

[veriluxxx]

that's it, I couldn't remember the name

great thanks, will most likely use them, I live right on the border which is the most frustrating thing ever

 

[jpm]

he may even have what you're looking for already. But don't get pissed off when you have to pay MA sales tax on a gun you buy there, since its technically being delivered in MA, you have to pay the MA sales tax.

 

[7.62x39]

A straw purchase is where 1 person buys a gun and just gives it to someone else who is not properly licensed or can't pass a NICS. A firearm purchased from one FFL and then legally transferred to someone else through another FFL is not a straw purchase/

 

[Varmint]

Because the NH resident is not purchasing the gun for his own purposes, he is purchasing it for you. There was a recent case where one relative bought a gun for another relative, neither of them being PP, and they ended up with straw purchasing charges, so it isn't much of a stretch to say that the pick up and deliver would be considered a straw purchase.

The NH FFL could ship it to a MA FFL. The biggest problem will still be the List. Hopefully Comm2A will make headway against the AG rules ..

This doesn't even apply right, cause unless his NH friend is a Mass resident, he can't transfer the handgun to him regardless (can't do face to face and can't use an FFL).

I'm confused on "the List" - isn't that a State law, and the AG rules are separate? There's no "list" for what complies with the AG rules, is there?

 

[mac1911]

Find another vendor who will follow the law, If gun in question is on the "list" why will the vendor/dealer/out of state FFL not comply with federal law and send it to a MA FFL?

1. do you have a Ma FFL dealer that is willing to accept and transfer this particular handgun?
2. If so have him contact the selling FFL and talk to him directly.
Its been my experience that once the out of state FFLs flat out decide not to ship/deal with mass with in the law. You are wasteing your time.

What model are you trying to get, im sure you could find one in mass already

 

[Varmint]

Find a FFL in New Hampshire that has a FFL in MA. Last I Knew, Terry Goode, Collectors Militaria on Rte. 38 in Pelham, New Hampshire has such a set up.

How does that help though? He would have to use his Mass FFL to transfer the gun to the OP, and that would violate AG rules.

 

[Varmint]

Find another vendor who will follow the law, If gun in question is on the "list" why will the vendor/dealer/out of state FFL not comply with federal law and send it to a MA FFL?

1. do you have a Ma FFL dealer that is willing to accept and transfer this particular handgun?

If I understand the OP's issue, it's a gun that's on the state's List, but not AG rules compliant, like a Gen 4 Glock.

Edit: on second thought, maybe it's just an online vendor ignorant of the Mass laws, like you said.

 

[mac1911]

This doesn't even apply right, cause unless his NH friend is a Mass resident, he can't transfer the handgun to him regardless (can't do face to face and can't use an FFL).

I'm confused on "the List" - isn't that a State law, and the AG rules are separate? There's no "list" for what complies with the AG rules, is there?

I dont think its a issue if a NH resident brings his handgun to a FFL in mass to sell it. It is going through the MA ffl. @ that point the MA FFL can decide or not if said handgun is "legal roster/list" to sell to MA resident.

NH resident goes to MA FFL I want to sell this gun.. MA FFL takes ownership of item @ that point.
MA FFL can now dispose of as his wishes under the laws both state and federal.... Is this not how it works when you trade handguns in @ kittery trading..

- - - Updated - - -

If I understand the OP's issue, it's a gun that's on the state's List, but not AG rules compliant, like a Gen 4 Glock.

Edit: on second thought, maybe it's just an online vendor ignorant of the Mass laws, like you said.

ok OP what gun is it!

 

[Varmint]

I dont think its a issue if a NH resident brings his handgun to a FFL in mass to sell it. It is going through the MA ffl. @ that point the MA FFL can decide or not if said handgun is "legal roster/list" to sell to MA resident.

NH resident goes to MA FFL I want to sell this gun.. MA FFL takes ownership of item @ that point.
MA FFL can now dispose of as his wishes under the laws both state and federal.... Is this not how it works when you trade handguns in @ kittery trading..

Right, I assumed it was a gun that most MA FFLs will refuse to transfer, like a Gen 4 Glock or other non-AG compliant handgun.

 

[mac1911]

I dont think its a issue if a NH resident brings his handgun to a FFL in mass to sell it. It is going through the MA ffl. @ that point the MA FFL can decide or not if said handgun is "legal roster/list" to sell to MA resident.

NH resident goes to MA FFL I want to sell this gun.. MA FFL takes ownership of item @ that point.
MA FFL can now dispose of as his wishes under the laws both state and federal.... Is this not how it works when you trade handguns in @ kittery trading..

- - - Updated - - -



ok OP what gun is it!

there is nothing stopping the OP from having it shipped to NH FFL going there buying it then having it shipped to MA FFL... well accept the willing FFLs but by the time you done all this gas/time/shipping/fees you need to be saving a very good amount on said item

 

[browncoat]

A straw purchase is where 1 person buys a gun and just gives it to someone else who is not properly licensed or can't pass a NICS. A firearm purchased from one FFL and then legally transferred to someone else through another FFL is not a straw purchase/

The ATF documentation doesn't say anything about the use of an FFL, the crime is lying on the 4473 about the actual identity of the purchaser. Check section 15 here http://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf

 

[browncoat]

This doesn't even apply right, cause unless his NH friend is a Mass resident, he can't transfer the handgun to him regardless (can't do face to face and can't use an FFL).

I'm confused on "the List" - isn't that a State law, and the AG rules are separate? There's no "list" for what complies with the AG rules, is there?

If the NH resident has a MA NR LTC, he can bring the handgun into the state and sell or transfer through an FFL.

 

[NHAtHeart]

If the NH resident has a MA NR LTC, he can bring the handgun into the state and sell or transfer through an FFL.

This was what I was thinking as well. NH Res would have to have a MA NR. Most people I know of don't deal with the headache but maybe the "friend" has a MA NR.

 

[n1bsbri]

A straw purchase is where 1 person buys a gun and just gives it to someone else who is not properly licensed or can't pass a NICS. A firearm purchased from one FFL and then legally transferred to someone else through another FFL is not a straw purchase/

Not true, the USSC recently ruled on this very issue:

http://online.wsj.com/articles/supreme-court-upholds-federal-ban-on-straw-purchases-of-guns-1402932979