I am a MA resident. I would like to sell my two AR-15s. The Colt I purchased new on 6/7/2011 and the LaRue was purchased new on 2/11/2014. One person has told me that it is illegal to do a private transfer to another MA resident and that I have to sell out of state. Another person told me this is not true. I would like to avoid any potential legal issues. What are my real/legal options?
-
If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
-
Be sure to enter the NES/MFS May Giveaway ***Canik METE SFX***
Legal Options for Selling my AR-15s in MA
- Thread starter GRC
- Start date
being a NES member does not convey any crystal ball into the legalities of selling anything.
Just like Cops are the worst people to ask about gun laws.
There ARE people here who have knowledge about the laws, spend enough time here and you'll figure out who they are quickly.
As to your situation, as long as they are AWB compliant wrt evil features, that the stock is not collapsible, and if it is that it is pinned so it is not easily undone (blind roll pin works) and that your muzzle brake is pinned and welded/silver soldered, no post 6/94 magazines, etc etc etc you are IMHO allowed to sell them to anyone with the proper licensing in MA.
It is always easier to use a "personal transfer" than a FFL, because you MAY find your local FFL is either a FUDD, or is running scared from a 2016 ADVISORY issued from the former AG that holds no weight legally
Just like Cops are the worst people to ask about gun laws.
There ARE people here who have knowledge about the laws, spend enough time here and you'll figure out who they are quickly.
As to your situation, as long as they are AWB compliant wrt evil features, that the stock is not collapsible, and if it is that it is pinned so it is not easily undone (blind roll pin works) and that your muzzle brake is pinned and welded/silver soldered, no post 6/94 magazines, etc etc etc you are IMHO allowed to sell them to anyone with the proper licensing in MA.
It is always easier to use a "personal transfer" than a FFL, because you MAY find your local FFL is either a FUDD, or is running scared from a 2016 ADVISORY issued from the former AG that holds no weight legally
EMTDAD
NES Member
since when does the pinned stock/muzzle device preclude one from selling an AR via private transfer?
obviously, the owner/possessor's responsibility to adequately comply with MA AWB laws.
obviously, the owner/possessor's responsibility to adequately comply with MA AWB laws.
If it is a pre 6/94 ( don't quote me on the date) rilfe it IMHO safe to have "evil" features, but don't quote me
But seeing both of his rifles are post 6/94 it is my opinion that they need to be MA compliant
Would you buy one that wasn't and risk it?
But seeing both of his rifles are post 6/94 it is my opinion that they need to be MA compliant
Would you buy one that wasn't and risk it?
The source of the confusion here is Healy's 2016 press release claiming AR15's are illegal to sell. It is NOT A LAW, and under black letter law AR15's are 100% legal to own and sell. Nobody has ever been prosecuted for selling AR15's because there is no law to charge them with, and if they tried to prosecute someone even a liberal court would have no choice but to create case law saying AR15's are 100% legal. For whatever reason, MA does not like when we win and make case law, which is why you usually dont see the big gun law cases in MA.
So long as the state never attempts to enforce the "press release", the perceived grey area still exists. And the state is happy to maintain this status quo, knowing that they have suppressed AR15 sales, without having passed any actual laws that can be legally challenged.
MA is a smallish state with an even smaller gun community, tied for lowest gun ownership rate in the country I think. This has instilled a lot of people with a slave mentality where even people in the gun industry are willing to pretend the 2016 not-a-real-law is actually a thing. Different MA gun dealers all have different weird ways of handling this. A lot of them won't touch AR's. Some of them will only deal in components and not completed rifles. A few (correctly) don't care about a stupid press conference with no legal weight whatsoever.
The only law you do need to be aware of here is the AWB for post 94 rifles (IANAL).
Just post it on the classifieds.
It needs to be made compliant before the sale so the 1st owner isnt in violation of AWB. Duh.
Once it's sold, it's not their problem, anymore, it's your problem.
For example, perhaps someone had a noncompliant rifle. They shouldnt do this, but maybe they did. They sell it to you. At the moment of transfer, it becomes your problem now, not theirs. Easiest solution would be to break it down into upper/lower so it is no longer an assembled AW, and drive it to an FFL for compliance work.
IANAL
EMTDAD
NES Member
that does not preclude the transfer. It can still be transferred privately regardless of the AWB. Whether or not they "should or shouldn't" sell a "noncompliant" rifle to you has nothing to do with the legality of it. A cool gun owner would definitely tell the buyer about the AWB, but it should also be up to the buyer to know the AWB laws.
just because the original owner disregarded the pin/weld issue, doesn't mean he can't sell it.
You’re assuming that the first owner is in violation if it’s not mass compliant but that’s not 100% accurate due to LE exemptions.
Can it be sold FTF on EFA10 as is (IE non compliant) or, is it required by law to be made compliant before the sale?
Last edited:
You would think that’s the case, but have you seen this thread yet? lol
Stay away from Universal Firearms in Wake Field
These people are crooks. They sold me an AR15 that turn out to be non-complaint in Mass. Bushmaster had sent the wrong model. I had the rifle taken by local police who were cool about the mistake. Instead of making a big deal out of it, they gave the rifle back to them on the condition that I...
www.northeastshooters.com
TLDR;
This new owner ^^ thought the dealer sold him a non compliant rifle, instead of keeping his mouth shut like a man, he took it to the police station and complained about it being non compliant. They promptly confiscated it and showed him the door. No rifle. No money.
It gets better, keep reading;
Only to find out later that it was in fact compliant and not one of those idiots could tell the difference between a brake and a flash suppressor.
Last edited:
pastera
NES Member
Yup, can't fix stupidYou would think that’s the case, but have you seen this thread yet? lol
Stay away from Universal Firearms in Wake Field
These people are crooks. They sold me an AR15 that turn out to be non-complaint in Mass. Bushmaster had sent the wrong model. I had the rifle taken by local police who were cool about the mistake. Instead of making a big deal out of it, they gave the rifle back to them on the condition that I...
TLDR;
This new owner ^^ thought the dealer sold him a non compliant rifle, instead of keeping his mouth shut like a man, he took it to the police station and complained about it being non complaint. They promptly confiscated it and showed him the door. No rifle. No money.
It gets better, keep reading;
Only to found out later that it was in fact compliant and not one of those idiots could tell the difference between a brake and a flash suppressor.
You guns are Pre Healey...
If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault Weapon. The Enforcement notice will not be applied to possession, ownership or transfer by an individual gun owner of weapons obtained on or before July 20, 2016.
The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained on or before July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
Legal to transfer.
What if I already own a gun that is a copy or duplicate?
If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault Weapon. The Enforcement notice will not be applied to possession, ownership or transfer by an individual gun owner of weapons obtained on or before July 20, 2016.
The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained on or before July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
Legal to transfer.
pastera
NES Member
His guns are legal to transfer regardless of Healy'sYou guns are Pre Healey...
What if I already own a gun that is a copy or duplicate?
If a weapon is a copy or duplicate of one of the models enumerated in the law, it is an Assault Weapon. The Enforcement notice will not be applied to possession, ownership or transfer by an individual gun owner of weapons obtained on or before July 20, 2016.
The AGO also will not enforce the law against a gun dealer that possesses or transfers a “copy or duplicate” weapon that was obtained on or before July 20, 2016, provided that transfers, if any, are made to persons or businesses in states where ownership of the weapon is legal.
Legal to transfer.
Agnotology
NES Member
Tell me where I can meet you to take the big scary black rifles off your hands.
on a more serious note, let me know if you post them up for sale.
on a more serious note, let me know if you post them up for sale.
hillman
NES Member
Just do it. Nobody's checking. Nobody's running stings on NES Classified sellers. Stop being friends with the moron who told you it was illegal. If they are an NES member, they should know better by now. And even if it was, some might say it's your duty to ignore an unconstitutional law.
![[rockon]](/xen/styles/default/xenforo/smilies.vb/020.gif "Rockon [rockon]")
Similar threads
