Let me get this straight... (EOPS list)

[Lkwinnipesaukee]

I know this has probably been discussed ad nauseam, but the search didn't bring up much.

With the exception of a bunch of Paras, 1911s can generally not be purchased through a FFL 01 in MA. However, they can be purchased from a private seller.

-Can pre 10/1998 "banned pistols" be purchased from a FFL 01?
-Would a gun from a Gunbroker seller be a private sale, or public (transfer from FFL 01)?

 

[dwarven1]

-Can pre 10/1998 "banned pistols" be purchased from a FFL 01?

No. Not unless he's got proof that it was in-state prior to the cut off date.

-Would a gun from a Gunbroker seller be a private sale, or public (transfer from FFL 01)?

Depends on if the Gunbroker seller lives in MA or not. If he's in MA, you're golden. Bid away. If he's out of state, then the transfer has to be done by an FFL... and the rules apply.

Lovely state we live in, ain't it?

 

[dreppucci007]

With the exception of a bunch of Paras, 1911s can generally not be purchased through a FFL 01 in MA. However, they can be purchased from a private seller.

To add to Dwarven's comment, there is also a large variety of Smith & Wesson 1911s, and even a couple SVI models that are on the EOPS list. I'm sure there may even be a couple more, but I'm not thinking too clearly this morning

 

[KMaurer]

Let me try to clarify part of this (and undoubtedly only muddy the waters further). The EOPS list and the AG regs don't apply directly to FFLs, either 01 or other; they apply only to those licensed by the state to sell firearms. Now almost (but not quite) all FFL 01 holders are also licensed by the state, since they'll be selling more than 4 firearms a year in order to be "in the business" as required by their federal license. If you know one of those rare FFL 01 holders who isn't a state licensed dealer, then these limitations on handguns don't apply. Likewise, they don't apply to private sales, whether or not the seller has a C&R.

Purchases of handguns from out-of-state are required by federal law to go through an FFL 01 holder in the purchaser's state of residence. There's an exception for C&R firearms, which can be purchased directly by a C&R holder either face to face in another state, or by providing the seller with a signed copy of the C&R and Mass license appropriate for the firearm.

So let's assume that I have a C&R and I want to purchase a handgun that's over 50 years old (or is specifically on the published C&R list, regardless of age). Since this firearm almost certainly isn't going to be on the EOPS list, I can only purchase it legally from:

1. a licensed Mass resident in a face-to-face sale;
2. an out-of-state owner in a face-to-face sale in their state;
3. an out-of-state owner by providing them with a signed copy of my C&R license and having them ship the firearm to me;
4. a Massachusetts licensed dealer. (If the firearm isn't exempt from the the requirement to be on the EOPS list and/or neither meets nor is exempt from the AG's requirements, the legal onus is entirely on the dealer, not me. I get to keep the gun; they get to suffer the consequences of their violation.)

No if the firearm doesn't qualify as C&R or if I don't have a C&R license, then my only legal options are to purchase it from:

1. a licensed Mass resident in a face-to-face sale;
2. an out-of-state owner, privided that it's transfered through a licensed Massachusetts dealer;
3. a Massachusetts licensed dealer. (In both this and the previous case, the EOPS and AG requirements again apply only to the dealer, not the buyer.)

Ken

 

[drgrant]

Another important thing to mention:

If an FFL breaks the "compliance" regs, and you buy the gun, it's not
your problem, period, end. Compliance is the dealer's
responsibility, not yours. This happens many times for
numerous reasons.


-Mike

 

[vellnueve]

Although that happens to be true in this case, this is not about "compliance," which refers to the AG regs. This is about the EOPS list, which flatly bans sales of those handguns not on the list by Mass dealers. Unlike the AG regs which are vague and probably often unenforceable, the EOPS list is the law and is not to be ignored.

 

[drgrant]

Although that happens to be true in this case, this is not about "compliance," which refers to the AG regs. This is about the EOPS list, which flatly bans sales of those handguns not on the list by Mass dealers. Unlike the AG regs which are vague and probably often unenforceable, the EOPS list is the law and is not to be ignored.

That still doesn't mean that some dealers can/do ignore it periodically- and
my original assertion still stands- if the dealer sells an off list or noncompliant
gun, it's still the dealers problem, not yours.

-Mike

 

[Coyote33]

The other question is what happens to the AG regulations when the AG changes? Does anybody actually know? Have any regulations ever changed with a changing of the guard? Any at all? Has anybody checked recently?

 

[drgrant]

The other question is what happens to the AG regulations when the AG changes? Does anybody actually know? Have any regulations ever changed with a changing of the guard? Any at all? Has anybody checked recently?

The regs are still "on the books" but whether frau Coakley decides to
enforce them or not is another issue entirely. If she leaves us alone for
awhile more FFLs might be willing to throw caution to the wind, but after
reilly spreading the abuse around I'm not holding my
breath on that one. (There was a time where most FFLs laughed at
the AGs regs until they started getting enforced... I doubt we'll ever
see that age again, unless Coakley either says she's not enforcing
them, or is willing to be more reasonable about their interpretation. )


-Mike

 

[Coyote33]

... unless Coakley either says she's not enforcing
them, or is willing to be more reasonable about their interpretation. ) ...

So who asks?

 

[Coyote33]

I wonder if GOAL has asked yet. I haven't seen anything about this in The Message.