Legal question for those in the know

SHOCKNAWE

SHOCKNAWE

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I live in Mass and have a LTC, I also have an out of state LTC for NH. Now my brother in law lives in NH, my question is that is it OK for me to build a rifle with the features I want on it, and leave it stored at his house in NH but registered in my name in Mass? I shoot near his house often and wondered about the legality of having a set up stationed at his house that I cant have in Mass. My family are gun owners and have a safe ect.. so Im 100% sure the firearm would be safe stored for me. We talked about this awhile ago and I want to look into this for future referance if I decide to go ahead with this plan, the gun would not come into Mass at all.

*Disclaimer* I follow all laws and have NOT done this.

Thanks
 
Sounds legal to me.

My question is, if you build it at his house and leave it at his house, do you even need to 'register' it in MA. (I know there is no such thing as registering a gun)
 
SHOCKNAWE said:
I live in Mass and have a LTC, I also have an out of state LTC for NH. Now my brother in law lives in NH, my question is that is it OK for me to build a rifle with the features I want on it, and leave it stored at his house in NH but registered in my name in Mass? I shoot near his house often and wondered about the legality of having a set up stationed at his house that I cant have in Mass. My family are gun owners and have a safe ect.. so Im 100% sure the firearm would be safe stored for me. We talked about this awhile ago and I want to look into this for future referance if I decide to go ahead with this plan, the gun would not come into Mass at all.

*Disclaimer* I follow all laws and have NOT done this.

Thanks
Click to expand...

Yes. Don't FA10 it in MA because its completely unnecessary, its none of their ****ing business what you own out of state. Buy a lower, bring it up there, build whatever, end of discussion. [laugh]

-Mike
 
WHY register it in MA if it NEVER crosses the border??

If the above, it is NOT required to be registered in MA with an eFA-10!

If you bought a Massified AR in MA and then modified it in NH, I can see that the eFA-10 would indeed have to have been filed, otherwise it is NONE of MA gov't business (unless your LTC gets suspended/revoked/denied).

Perfectly legal to leave your guns anyplace where it would be legal for them to be stored in a manner which complies with the laws where such storage takes place. And you can own new large-cap mags and evil AWs in NH, just never bring them into MA. I make a point of educating my students about this in my MA Gun Law Seminars.
 
familyman15 said:
Just becareful, i wouldn't trust anyone with one of my firearms, if it gets used you are responsible for it
Click to expand...

Uhh, in free america blame tends to get distributed a little bit differently. Yeah there is always civil liability but even that dissipates rapidly. As long as he's not doing something wacky like leaving a gun with someone that he knows is a convicted felon/wackjob etc. If the person you're leaving the gun with already has guns the risk is pretty minimal.

-Mike
 
If you go with a "gun trust" based in NH, then transfers become a moot point.

New Hampshire doesn't care. You do need to stay within the bounds of Federal law regarding transfers, including the initial purchase of the receiver.

Or you and BIL can create and fund a NH-based NFA gun trust, buy a complete rifle configured as you like from a NH retailer; doesn't have to be an NFA item to be owned by a trust.
 
Kevin_NH said:
Or you and BIL can create and fund a NH-based NFA gun trust, buy a complete rifle configured as you like from a NH retailer; doesn't have to be an NFA item to be owned by a trust.
Click to expand...

Good luck getting an NH dealer to sell it (an MA illegal AW) to him (an MA resident, with cooties) unless the BIL buys it as a trustee. It's also unclear if washing the money through a trust would exempt someone from the rather obvious straw purchase problem, as well.

Is there special voodoo magic you put on a 4473 when buying a gun as a trustee?

This option has always interested me but I always assumed it was nonviable because I didn't think the feds really respected a trust WRT Title 1 transfers.

-Mike
 
Thanks for all the responses guys, I didnt even think about not registering it in Ma. Looks like this project will be GTG then, and Im not the least bit concerned about the safe storage of it, my family is all pro gun and do the right thing.
 
drgrant said:
Good luck getting an NH dealer to sell it (an MA illegal AW) to him (an MA resident, with cooties) unless the BIL buys it as a trustee. It's also unclear if washing the money through a trust would exempt someone from the rather obvious straw purchase problem, as well.

Is there special voodoo magic you put on a 4473 when buying a gun as a trustee?

This option has always interested me but I always assumed it was nonviable because I didn't think the feds really respected a trust WRT Title 1 transfers.

-Mike
Click to expand...

I'm interested in this question. How does that work? I've never thought of trustees purchasing straight into a trust with funds from the trust account.

I've always seen it as buying it and then "signing it into the trust"
 
ArnoldDent said:
Can coporations buy guns ? Since they are virtual people can they own guns?
Click to expand...
BATFE agrees, A corp is a legal person.. The term "person" is defined by the GCA at 18 U.S.C. § 921(a)(1), to include "any individual, corporation, company, association, firm, partnership, society, or joint stock company.".

See "The ATF Form 4473, Firearms Transaction Record Part 1 - Over the Counter Form":
BATFE said:
When the buyer of a firearm is a corporation, company, association, partnership or other such business entity, an officer authorized to act on behalf of the business must complete Section A of the form with his or her personal information, sign Section A, and attach a written statement, executed under penalties of perjury stating: (A) the firearm is being acquired for the use of and will be the property of the business entity and (B) the name and address of that business entity.
Click to expand...

Not every FFL understands how this works and is willing to attach the written statement. This is more of a problem in states where even private transfers need paperwork, I don't know how MA deals with such a transfer?
 
Last edited:
Kevin_NH said:
BATFE agrees, A corp is a legal person.. The term "person" is defined by the GCA at 18 U.S.C. § 921(a)(1), to include "any individual, corporation, company, association, firm, partnership, society, or joint stock company."

A corporation can purchase and own firearms. A "legal entity" has the same NFA restrictions also; only difference is that at the moment (pending 41P) a legal entity doesn't have the same background check as a meat person, so an officer of the corporation fills out the 4473.

See "The ATF Form 4473, Firearms Transaction Record Part 1 - Over the Counter Form":
Click to expand...

And if a corp is not a person full auto for everyone!
 
MA does not recognize anyone/anything other than a breathing human being wrt buying/selling guns. All of them must be done on FA-10 with a name and LTC/FID number of said person. They won't issue a LTC/FID to a trust or corporation.
 

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