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Discussion in 'New Hampshire Laws' started by BIG1PUN, Dec 4, 2010.
help!!! am from MA what do I have to do to sell a gun in New Hampshire person ?
You sell it to them and have your FFL ship it to their FFL.
You do nothing else here in MA, no FA-10 gets filed.
the person thats trying to buy my firearm whats to do it in like a privete sale he telling me all i need is a bill of sale never heard of that
Only true if you also lived in NH.
Since you do not live in NH, you would violate federal law.
I would add to this that it's not a requirement that you have an FFL ship it to his FFL. The only legal requirement is that he gets it from a NH FFL. You can ship it to his FFL directly. You can also drive to an FFL in NH with him and do the transfer at the shop.
Some FFLs get twitchy about accepting a gun from a non FFL over state lines, but that's just a business decision, not a legal one.
I've bought stuff from NH people in MA just by the two of us going to a MA shop. Perfectly legal.
Actually not legal as once the NH person crossed the MA state line, he broke state law for being in possession of a firearm.
If you drove to NH and met him up and put his gun locked in your trunk and then you drove to the shop you would be ok as you have your MA license.
Bring the gun to an NH FFL, meet the buyer there, have the FFL transfer the gun to the buyer and give you a receipt saying they took in the gun for the transfer. Done.
Maybe I'm off here, but I thought bringing your gun across state lines to an FFL counted under federal travel laws. Example would be you need a gunsmith to work on your gun in a neighboring state.
And since Mass makes no direct exemption for this purpose, then its illegal.
Federal travel laws (FOPA) means nothing except you are free to transport through the state as long as you can legally possess it in your destination state. But even this is not honored in some cases. Case law abounds where FOPA failed to protect people.
How does this matter as you do not need a permit to possess in NH, therefore he is completely legal in his destination state.
Are we talking about a handgun or rifle? I thought you could do a FTF sale on a rifle, but not a handgun, is this correct?
I don't see any reason this wouldn't be legal and the easiest.
Its was a diversion from the OP and directed to the poster I quoted and milktree regarding him buying a firearm from a NH person who brought it to a MA FFL. Has nothing to do with the OP issue.
Yes the OP can drive on up to NH with no issues.
The short version is you can not, as a private party, sell a firearm across a state line without at least one FFL involved.
You can sell private party face to face, in the same state you both reside in, following state regulations.
Example: in NH as New Hampshire residents, as long as the buyer " is personally known to you" you can sell a handgun or long gun on a handshake, no paperwork involved.
In MA you need to fill out FA-10's and follow MA rules.
You could as a MA resident bring your unloaded handgun into NH without issue, and meet the buyer at a FFL willing to do the transfer.
He or She can not come into MA to a MA FFL and buy it as the sale has to be done in the buyers state.
If the buyer is twisting your arm not to use a FFL for a purchase across a state line, you need to find another buyer
No. Pursuant to Federal law, FTF transfers of any firearm must be between residents of the same state.
06LemansC6, you might be confusing the ability to buy a (compliant) long gun out of state at a FFL and bring it to your state of residence legally, so long as you follow the laws in your home state ( file a FA-10 in the allowed time period, etc in MA)
Thanks for info
Depends. The person from NH could be licensed in MA, or exempt from licensing.
I'd also let derek or one of the mods know (assuming it's someone from the forum), since chances are it's either a felon or John Rosenthal trying to obtain a gun for their own reasons.
+1 both good points.
It was absolutely legal. Here's two ways: 1) The NH person has a MA NR license. 2) I traveled with him and the gun from NH to the FFL.
No laws were broken.
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