in MA, c&r question

[413guy]

My buddy just got his c&r in ma. Is adamant because a gun shop owner said he doesn't have to, that ffl to his 03 ffl transfer doesn't require an efa10 by him in ma. If anyone knows the link to the mgl saying definitively you must, can you link it so I can show him. Thanks in advance cheers and have a nice weekend, dan

 

[soam]

MGL Chapter 140 Section 128B

Any resident of the commonwealth who purchases or obtains a firearm, rifle or shotgun or machine gun from any source within or without the commonwealth, other than from a licensee under section one hundred and twenty-two or a person authorized to sell firearms under section one hundred and twenty-eight A, and any nonresident of the commonwealth who purchases or obtains a firearm, rifle, shotgun or machine gun from any source within or without the commonwealth, other than such a licensee or person, and receives such firearm, rifle, shotgun or machine gun, within the commonwealth shall within seven days after receiving such firearm, rifle, shotgun or machine gun, report, in writing, to the commissioner of the department of criminal justice information services the name and address of the seller or donor and the buyer or donee, together with a complete description of the firearm, rifle, shotgun or machine gun, including the caliber, make and serial number. Whoever violates any provision of this section shall for the first offense be punished by a fine of not less than $500 nor more than $1,000 and for any subsequent offense by imprisonment in the state prison for not more than ten years.

If he obtains it from a MA licensed dealer, then he does not have to do an EFA10. If he obtains it from somewhere else (e.g. a dealer in another state), then he has to do an EFA10.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128B

 

[Len-2A Training]

MGL Chapter 140 Section 128B

If he obtains it from a MA licensed dealer, then he does not have to do an EFA10. If he obtains it from somewhere else (e.g. a dealer in another state), then he has to do an EFA10.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128B

To explain . . . the dealer is obligated to do the FA-10 if he obtains the C&R gun from a MA dealer.

So in all cases, yes, an FA-10 MUST be done to stay legal.

 

[soam]

To explain . . . the dealer is obligated to do the FA-10 if he obtains the C&R gun from a MA dealer.

So in all cases, yes, an FA-10 MUST be done to stay legal.

Yup. Just remember, the two worst places to get advice on gun laws are gun stores and police officers! The third worst place is random people on the Internet...unless they cite their sources!

 

[drgrant]

My buddy just got his c&r in ma. Is adamant because a gun shop owner said he doesn't have to, that ffl to his 03 ffl transfer doesn't require an efa10 by him in ma. If anyone knows the link to the mgl saying definitively you must, can you link it so I can show him. Thanks in advance cheers and have a nice weekend, dan

C&R holders are no different than other peons under MGL, the law basically ignores them entirely except in one very tiny circumstance, which is as a qualifier to obtain a machine gun license. Otherwise the law completely ignores 03s in MA.

The obvious exception is if a C&R holder received a gun out of state and kept it outside of MA they'd never have to register it here.

-Mike

 

[413guy]

Len, grant and mla, thank you very much for your replies and citing it. the only other question that I now have after speaking with my friend again at breakfast this morning is that he acquired it from another 03 ffl at last weekends gun show. just a little confused if he still needs to do the FA 10 or if it should have been done by the seller. I know both of them has to log it in their bound book but was it buyer or seller responsibility to fa10 the c&r purchase from one 03 ffl to the other.

Again, cheers and thanks. Have a nice weekend


Edit: both of their 03 ffl paperwork lists ma addresses as residency states

 

[wiskie762]

Len, grant and mla, thank you very much for your replies and citing it. the only other question that I now have after speaking with my friend again at breakfast this morning is that he acquired it from another 03 ffl at last weekends gun show. just a little confused if he still needs to do the FA 10 or if it should have been done by the seller. I know both of them has to log it in their bound book but was it buyer or seller responsibility to fa10 the c&r purchase from one 03 ffl to the other.

Again, cheers and thanks. Have a nice weekend


Edit: both of their 03 ffl paperwork lists ma addresses as residency states

Its should have been done just like a private transfer. On an efa10.

 

[413guy]

Hmm, it was his first purchase so he wasn't exactly sure, but no efa10 has been done yet. Is that my friends responsibility to do or was it the guy that sold it to him at the show even though they both have 03ffls. Thanks for helping clarify, don't want anyone getting caught up because of bs.

 

[Len-2A Training]

It is the seller's responsibility BUT if the seller refuses, then the buyer should do it instead.

Many are stubborn and will refuse to do the eFA-10.

 

[soam]

It is the seller's responsibility BUT if the seller refuses, then the buyer should do it instead.

Many are stubborn and will refuse to do the eFA-10.

How? EFA10 transfers require the seller's PIN. Or are you saying that the buyer should just do a Registration if the seller refuses to do the Transfer?

 

[Len-2A Training]

How? EFA10 transfers require the seller's PIN. Or are you saying that the buyer should just do a Registration if the seller refuses to do the Transfer?

Yes and in fact since the way Jason had the eFA-10 designed for "registration" it asks who you got it from so you actually should be able to put the seller's info in without a PIN (never tried it, so assuming this will work). Otherwise just a "by the law book" registration (ignoring where you got the gun) at least gets the buyer off the hook legally.