MA Gun Law Confusion - Is my legally purchased FNX legal here?

[raptorman3054]

Confused about MA gun laws and "The Lists"...
I purchased an FNX-9 while I was living in VT, as a VT resident. Then I decided I need to find a better paying job, and moved to MA. Now, I'm living here with my LTC-A and I'm thinking of making a road trip to VT to get my pistol. The problems however, are many, and I was hoping someone here could assist me with finding answers.
1. The magazines are 17-round and AFAIK, FN has no plans to make 10-round mags. If I modify the magazines myself so they can only hold 10 rounds, does that make them MA compliant?
2. There are no FN pistols on any MA approved lists that I've seen. It's my understanding that there are two lists, one that allows for dealers to transfer pistols, and one that the AG says are safe and legal for MA residents to own. If my pistol is not found on either list, is it illegal to possess in MA?
3. Assuming that 1 and 2 both allow me to possess the pistol, am I allowed to privately transfer it to another MA citizen?

Thanks all!

 

[rlee]

1. I'll defer to more knowledgeable members about the problems of modifying a mag, but anything that violates the AWB ban is illegal for you to possess here, including bringing it here in order to modify it.
2. The "lists" are for dealers only and don't apply to your possession.
3. yes

ETA: drgrant's AWB FAQ sticky is here.

 

[Mark from MA]

Read the handgun regs sticky.

There is no ag list and it only affects what dealers can sell no what u can own

You can have the gun here but post 94 hicaps are the no no. Selling the gun is fine without the high caps

 

[raptorman3054]

Thanks guys, I did find this on the GOAL site which made me feel better as well:
Are Private Citizens Forbidden to Own Guns if They are NOT on the Approved Weapons Roster?

No, the list is a list of firearms that can be sold at retail by licensed dealers. Neither standard – the law or the Attorney General – limits directly the type of guns a citizen may own.

http://goal.org/handgunsales.html

 

[BE4TNUT]

Also, do you have a LTC-A? If you have a lesser license you can't posses the firearm in MA but as long as you have a class A you're in the clear. The magazines though are I different story.

Oops never mind I see you do have a LTC-A

 

[M1911]

The handgun itself is fine. The AG's regulations and the statutory "consumer protection law" (that is, the "approved firearms roster") govern what a dealer can sell, not what you can purchase or possess.

Possession of post-ban, large capacity magazines is a felony. I doubt that the legality of modifying post-ban magazines to non-large capacity has clarified. Personally, I wouldn't want to be a test case.

Yes, you can legally sell the gun privately to another appropriately licensed MA resident. Given the magazine situation, you might have trouble finding a buyer.

IANAL and this isn't legal advice.

 

[TBalls]

I doubt that the legality of modifying post-ban magazines to non-large capacity has clarified. Personally, I wouldn't want to be a test case.

While this could very likely be true I have heard anecdotal evidence that having a gunsmith "permanently" modify the mags is acceptable, though admittedly I have no idea what that mod entails.

Also (and I'm being picky here), your window to "bring" your guns with you is theoretically limited to when you actually move into the state. If you have been in MA for a period of time you would technically need to file an FA-10 when you bring it in. I'm sure this is "overlooked" quite regularly esp. since there's no way to verify that you didn't bring the guns with you (well, besides this thread). I'd prioritize the mags if I were you although IANAL.

 

[n1bsbri]

Also (and I'm being picky here), your window to "bring" your guns with you is theoretically limited to when you actually move into the state. If you have been in MA for a period of time you would technically need to file an FA-10 when you bring it in. I'm sure this is "overlooked" quite regularly esp. since there's no way to verify that you didn't bring the guns with you (well, besides this thread). I'd prioritize the mags if I were you although IANAL.

I'm sure you meant to say "a friend moved into MA and wants to bring his guns".

 

[M1911]

Also (and I'm being picky here), your window to "bring" your guns with you is theoretically limited to when you actually move into the state. If you have been in MA for a period of time you would technically need to file an FA-10 when you bring it in. I'm sure this is "overlooked" quite regularly esp. since there's no way to verify that you didn't bring the guns with you (well, besides this thread).

Hopefully LenS will be along to clarify, but as far as I know, the only thing that the window governs is whether or not you have to file an FA-10. He can still bring the handgun in and file the FA-10 after the window.

 

[TBalls]

Hopefully LenS will be along to clarify, but as far as I know, the only thing that the window governs is whether or not you have to file an FA-10. He can still bring the handgun in and file the FA-10 after the window.

That is exactly my understanding.

 

[Len-2A Training]

Hopefully LenS will be along to clarify, but as far as I know, the only thing that the window governs is whether or not you have to file an FA-10. He can still bring the handgun in and file the FA-10 after the window.

Correct.

Only issue is with the mags.

No known case law on permanently crippling hi-cap mags (if done out of state first), so that would depend how big a hair across his ass the DA or local PO might have. Making case law is expensive and not something that I'd volunteer to do. So I don't really know what to tell you in this regard. The sad fact is that there are NO legal experts in MA gov't from whom you can get an answer to such technical questions that "can be taken to the bank"!

 

[KMaurer]

While everyone seems to agree that bringing ones previously owned firearms into Massachusetts after moving here requires an FA-10, I've never seen either statutory language or case law to support this position. The statute talks about a resident "receiving" a firearm, and the idea seems to be that bringing ones guns into the People's Republic after having established residence constitutes such receiving. Since there's no change in ownership involved, this line of "reasoning" would also suggest that FA-10s would need to be filed whenever one borrowed a friend's gun at the range, lent a gun to a friend or returned one. That's obviously absurd. If there's some actual basis for the position that one has to file an FA-10 when bringing guns owned and possessed before becoming a resident into Massachusetts after moving here, I'd appreciate it if someone would provide me with a proper citation. Until then, I'll remain dubious.

Ken

 

[dcmdon]

Hopefully LenS will be along to clarify, but as far as I know, the only thing that the window governs is whether or not you have to file an FA-10. He can still bring the handgun in and file the FA-10 after the window.

This is correct.

 

[dcmdon]

While everyone seems to agree that bringing ones previously owned firearms into Massachusetts after moving here requires an FA-10,

Ken

Uh. Wrong.
Reread the thread.

As a point of law. An FA-10 is NOT required for each firearm you bring into the state when you move here.

Subsequent out-of-state purchases require an FA-10 to be filed.

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128b

Its interesting, the law says you have to notify the state when you "receive the firearm within the commonwealth"

This is a tacit acknowledgement that MA can't require you to file an FA-10 if you buy a gun out of state and leave it out of state. So even though the law doesn't read that way, its how you should interpret it. If you buy a gun out of state, and bring it in, file an FA-10.

If you have a hunting cabin in VT and buy a rifle (or even a non MA compliant AR) and leave them in VT, you are under no compulsion to tell MA about it. Its none of their concern what you do outside of MA.

Don