MA Handgun Compliance Q+A Thread (new)

[KMaurer]

ok heres something ive been pondering for a little while now. I just appllied for my ltc-a in ma. i expect to recieve it within a few months. Im moving to Nh this summer and when i get there i should be able to aquire a p+r permit no problem. Whats to stop me from buying a non-compliant firearm in nh and simply driving back to ma to sell it to a friend ftf since i am in possesion of a mass ltc that is now valid until it expires per ma law?

Once that's done, there's no problem purchasing whatever handguns he wants from a NH dealer. The little federal problem would only pop up if he were to attempt the sales part of the hypothetical. BTW, contrary to the poster's supposition, the Mass LTC would no longer be valid as soon as he moved to NH.

Ken

 

[jangers0210]

5. handgun is on EOPS roster but buyer is a LEO. This situation exempts the dealer from the AG's regs because the customer is a LEO. In this case it doesn't matter when the gun was made, only that the gun was tested and put on the roster.

I assume that because a federal corrections officer is considered a federal LEO this would apply to them?

 

[drgrant]

I assume that because a federal corrections officer is considered a federal LEO this would apply to them?

To be honest I have no idea. You really need to talk to some dealers to find out. Most of the guys I know that use that exemption are on muni PDs, but it all depends on the dealer in question. Some of them might not do individual LEO bypasses at all.

-Mike

 

[ticklemejoviemo]

What if a person resides in 2 states, and is licensed in both. Can that person technically buy a new firearm in that state, and possess it in MA (where he also has a residence), and if so, can he sell it FTF with a MA resident?

 

[drgrant]

What if a person resides in 2 states, and is licensed in both. Can that person technically buy a new firearm in that state, and possess it in MA (where he also has a residence), and if so, can he sell it FTF with a MA resident?

Maybe, depending on whether or not the individual meets BATFE residency requirements. However, be aware that residents of different states cannot legally conduct an FTF (without involving a dealer) under most circumstances, via federal law. Residency is a whole ball of wax by itself and is far outside of the scope of this thread.

-Mike

 

[ticklemejoviemo]

Seems as if someone who meets the requirements of BATF dual residency, could purchase a new gun in NH, transfer it through ffl's to themself in MA, and since theres no FTF transfer, could register it legally in MA, correct?

 

[drgrant]

Seems as if someone who meets the requirements of BATF dual residency, could purchase a new gun in NH, transfer it through ffl's to themself in MA, and since theres no FTF transfer, could register it legally in MA, correct?

You're getting your wires crossed. If you were a legal resident of another state you would simply take possession from the dealer in that state after undergoing the NICS check. The FA-10 crap is a whole other ball of wax which, again, is outside the scope of handgun compliance.

-Mike

 

[bimccarthy]

First, thank you for this thread, very informative and cleared a lot of questions on buying handguns from out of state. Arggh.
Reading this section from the top of the thread:
"Edit: Some readers may be wondering what any guns that don't fit into these categories are... the answer is. they're not "MA compliant" by either the AG''s or EOPS regs, or only by EOPS and not the AG's regs... but it should be noted that "MA compliance" is an issue of dealer transfers and has nothing to do with individual possession or private sale. EG- mere possession of a noncompliant handgun, is NOT a criminal offense. This can't be stated enough, as many in MA improperly use terms like "illegal in MA" or "banned in MA" to describe a handgun
which a dealer cannot sell or transfer."
Does this mean private sales can sell any handgun (sorry for the over-simplication)? I don't see a lot of threads on private sales. If there is a link and you can point me that way, much appreciated.

 

[M1911]

For the one millionth time, YES, you can sell noncompliant handguns in a private sale. Please read the laws and regulations. Links to them have posted hundreds of times. It is readily apparent to the casual reader (i.e., someone who is not an attorney), that the "consumer protection" statute and AG's similar regulations govern what a dealer sells, not what a private party sells.

Or just reread the first post in this thread:

Edit: Some readers may be wondering what any guns that don't fit into these categories are... the answer is. they're not "MA compliant" by either the AG''s or EOPS regs, or only by EOPS and not the AG's regs... but it should be noted that "MA compliance" is an issue of dealer transfers and has nothing to do with individual possession or private sale.

 

[drgrant]

Does this mean private sales can sell any handgun (sorry for the over-simplication)? I don't see a lot of threads on private sales. If there is a link and you can point me that way, much appreciated.

Yes, with the obvious provisio that the handgun doesn't violate the AWB, but there are very few that do. The mags are the only issue if they are post 9/94 manufacture hold more than 10 rounds they are illegal in MA. That's not a handgun compliance issue, though, but an AWB issue, which is an entirely different MA legal realm.

-Mike

 

[joeendris]

I'm looking at Ruger's SR40 (15+1) and it seems I can't buy it because of the high-cap mag because it's made post-sep 14th, 1994? And the fiasco with Glocks (G23 is what I'm looking at) the rules get really hazy. I come from Alaska and NH, so coming into this state is becoming a horror show...

Edit: I'm looking to buy new, unless I'm forced to buy used. Dealing with guns outside Mass, I've never had much luck buying used...just getting someone's used crap more often than not.

 

[drgrant]

I'm looking at Ruger's SR40 (15+1) and it seems I can't buy it because of the high-cap mag because it's made post-sep 14th, 1994? And the fiasco with Glocks (G23 is what I'm looking at) the rules get really hazy. I come from Alaska and NH, so coming into this state is becoming a horror show...

Edit: I'm looking to buy new, unless I'm forced to buy used. Dealing with guns outside Mass, I've never had much luck buying used...just getting someone's used crap more often than not.

The compliance BS has nothing to do with the AWB, and the AWB doesn't block most handguns, with the exception of magazines made after 9/94 that hold more than 10 rounds.

Not sure why you're so jaundiced against buying a used gun. Most of the guns I've bought have been used and I've never had a problem. Just stay away from the known junk brands and you'll likely be fine.

FWIW I don't think the SR40 is compliant yet, but in MA you're far better off with something like a Glock 22 anyways, because you can get preban mags for it..

-Mike

 

[JoeD]

Question, A friend of mine bought a Colt 45 officers model 20 years ago when he lived in mass, He moved to NH 6 years ago,, He wants to sell me his Gun,, He doesn't know where the parerwork is showing he bought this in Mass.. Is this still a mass compliant gun. Can he go to a NH FFL and have them send this to a Mass FFL and can I get this gun with out any issues.


Thanks
Joe

 

[drgrant]

Question, A friend of mine bought a Colt 45 officers model 20 years ago when he lived in mass, He moved to NH 6 years ago,, He wants to sell me his Gun,, He doesn't know where the parerwork is showing he bought this in Mass.. Is this still a mass compliant gun. Can he go to a NH FFL and have them send this to a Mass FFL and can I get this gun with out any issues.


Thanks
Joe

If he doesn't have paperwork showing pre-98 MA based ownership, the odds of him getting it to transit back into MA are in the slim to none category, unless some dealer in MA is going to take his word on it. With paperwork, it'd obviously be exempt.

-Mike

 

[JoeD]

Thanks Mike. I think I will spend the weekend at his house looking for paperwork.

Thanks,again
Joe

 

[Roymond]

Hey everyone,

I hope this is okay to post here. But according to Four Season's the Smith and Wesson M&P9 and the M&P40 Carry and Range kits are now MA Compliant. They were not before because "they were not presented as a kit"

Let's hope that the AG doesn't turn around and take em back like they did with the Glocks.

 

[drgrant]

Hey everyone,

I hope this is okay to post here. But according to Four Season's the Smith and Wesson M&P9 and the M&P40 Carry and Range kits are now MA Compliant. They were not before because "they were not presented as a kit"

Let's hope that the AG doesn't turn around and take em back like they did with the Glocks.

Won't happen. Guns don't have to be certified "as a kit". The rest of the crap that comes in the box are not regulated items... only the gun itself is. M&Ps with s**t triggers are already MA compliant, so no issue there.

My guess is originally when they introduced that marketing gimmick, they didn't have an MA neutered SKU available for MA dealers to buy those kits (with an MA-broken gun inside) and now they do.

-Mike

 

[Mach]

I was told last week by a respected Gun Shop Owner who I have known to be very reliable, that the AG's list no longer applies.

Is this true?

I was specifically asking about an H&K USPc LEM and was told they are now legal to sell new in MA even though they are not on the AG's list because the AG's list no longer applies.

ETA: I mean AG's regs not list.

 

[Kevlar]

.

 

[M1911]

I was told last week by a respected Gun Shop Owner who I have known to be very reliable, that the AG's list no longer applies.

Is this true?

I haven't heard anything to that account and the AG's Consumer Protection regulation are still on her web site:

http://www.mass.gov/?pageID=cagoter...t&f=government_Regulations_940CMR16&csid=Cago

 

[Midgard]

I wish I had seen this thread two years ago when I moved to MA. Would have saved me a lot of time researching these rules and regs and piecing info together through all the contrary and utterly confusing information I was hearing.

Excellent post.

 

[Rider]

Thanks for the great information here...and yet I am still confused. Categories 3 and 4 are what get me.

Am I correct in reading that any pre-1998 glock is okay under category 4? I ask because I thought that all non-compliant handguns were category 3, and had to be documented pre-98 MA guns. Specifically, any pre-98 Glock 19 would be okay even if out of state?

Along these lines, if I have a Beretta 92sc made in 1987 stored out of state, it sounds like I can transfer it in. The way I read the rules, again, I thought I could not do that.

I apologize if this is a repeat, I read about 15 pages and didn't see a clear answer. Having already had near misses(just in the first week) I'm wary.

 

[drgrant]

Thanks for the great information here...and yet I am still confused. Categories 3 and 4 are what get me.

Am I correct in reading that any pre-1998 glock is okay under category 4? I ask because I thought that all non-compliant handguns were category 3, and had to be documented pre-98 MA guns. Specifically, any pre-98 Glock 19 would be okay even if out of state?

Any listed Glock with an SN that specs out to before 10/21/98 manufacture date is MA importable to an MA FFL.

Along these lines, if I have a Beretta 92sc made in 1987 stored out of state, it sounds like I can transfer it in. The way I read the rules, again, I thought I could not do that.

Maybe, maybe not. I don't know what a "92SC" is. It may or may not be substantially similar to a listed model.

Regardless, since all inbounds must go through an MA dealer, they are the final arbiter anyways. Worrying about whether or not a
given gun is compliant is a fools errand because of this. The importing dealer is the one who is actually responsible for compliance, not you, the consumer. Consumers bear no legal liability whatsoever with regards to handgun compliance WRT the AG/EOPS regs. The main reason this thread exists is to demystify the handgun compliance BS, and also to wash out some of false information and gun shop commando bloviation that's floating around on the issue.

-Mike

 

[Rider]

Thank you for the response. I mean the model 92 subcompact. Either way, I'll check with my FFL. Needles to say, my FFL thinks I'm a peach, especially after the hoopla over the Colt Match Target.

 

[Len-2A Training]

If he already owns it out of state, there is "no transfer in" . . . just bring it "home" to MA in your next trip to your prior residence and do a FA-10 REGISTRATION (only) within 7 days of crossing Checkpoint Charlie into MA.

The above ONLY applies if the following statement is true (you are the real owner now):

if I have a Beretta 92sc made in 1987 stored out of state

If that is NOT true, see Drgrant's response above.

 

[drgrant]

Thanks for bringing that up Len.... Obviously if he owns the gun already, none of this matters. He can then just bring it into MA, and FA-10 "register" it after bringing it in, no FFL required.

-Mike

 

[21045]

A friend of mine is out of state on vacation about 3 months consecutively. He has asked me to securely store his guns with mine while he is away. I have been unable to find in writing if this is allowable. Any suggestions ?

 

[Len-2A Training]

Yes perfectly legal. You won't find a "state permission slip" law in writing, so I suggest not worrying about it.

 

[Bando_Red]

This may be a really stupid question, but can I have buy ANY handguns from outside the state? I thought I was all set on the law when a friend of mine with a class III said that I basically can't. I don't wanna buy a pistol and then find out its illegal here. The one I'm thinking about is a C&R but he said that didn't matter.

 

[drgrant]

This may be a really stupid question, but can I have buy ANY handguns from outside the state? I thought I was all set on the law when a friend of mine with a class III said that I basically can't. I don't wanna buy a pistol and then find out its illegal here. The one I'm thinking about is a C&R but he said that didn't matter.

Yes, you can, but you have to have the handgun sent to an MA dealer who has an FFL, and then you do a transfer to yourself from that dealer.

People with C&R FFLs can have C&R eligible items sent directly to them, of course...completely dodging all the compliance bulls**t, but if you are not a C&R license holder, it's C&R status matters little, as you'd still have to use a regular FFL to legally import it.

The bottom line is that in most cases the MA FFL you decide to use is going to be the actual arbiter of what is or isn't compliant. You need to run it by your dealer first before attempting an inbound transfer. (EG " I want to transfer in an XYZ123 pistol made on dd/mm/yyyy.... can you do this for me?" )

-Mike