MA res buying in NH

[SigSlayer]

This will be a noob question but i searched the forum with no luck.

1) can a MA resident drive to NH and buy a rifle or shotgun in a shop legally "being MA compliant" and drive it back to there residence in MA?

2) I have read ammo was possible and There is no licensce for long guns in NH? correct me

3) a few weeks ago i saw a post that read somthing like a federal license or some other arangment made it possible to own those noncompliant models. may i ask if any1 remembers the post or how it works

 

[jdubois]

1) can a MA resident drive to NH and buy a rifle or shotgun in a shop legally "being MA compliant" and drive it back to there residence in MA?

Yes, perfectly legal.

2) I have read ammo was possible and There is no licensce for long guns in NH?

Yes, buying ammo in NH is legal (though a lot of NH places near the border won't sell to you without a MA ID). There is no license for long guns in NH.

3) a few weeks ago i saw a post that read somthing like a federal license or some other arangment made it possible to own those noncompliant models. may i ask if any1 remembers the post or how it works

No, there is no federal license that will allow you to possess non-MA compliant rifles and shotguns (non-compliant meaning a post-ban assault weapon or sawed-off shotgun). A MA dealer's license or a job as an LEO will allow you to possess a post-ban assault weapon. Nothing will allow you to own a sawed-off shotgun.

You may be confusing rifles and shotguns with the MA compliant handgun regulations and federal C&R licenses. A C&R license will allow you to purchase certain older non-MA compliant handguns from out of state which a MA dealer is unable to sell you.

 

[Twigg]

Yes, perfectly legal.
Yes, buying ammo in NH is legal (though a lot of NH places near the border won't sell to you with a MA ID). There is no license for long guns in NH.

I believe you intended to say without a Ma. ID.

Personally I've never had any issues purchasing amo.
It has been my experience that some NH gun shops will not honor an 03 (C&R) FFL.

 

[jdubois]

I believe you intended to say without a Ma. ID.

Thank you, yes.

It has been my experience that some NH gun shops will not honor an 03 (C&R) FFL.

I've encountered a bunch of places all over the country that won't honor my C&R as soon as they hear the word, "Massachusetts".

 

[SigSlayer]

thanks jdubois for the info im always hesitant to reiterarte what i have read in MA General Laws. I was looking at picking up an ak with ma legal features no bayo lug, no telescoping buttstock, no flame thrower / rpg attachments. And a case or two of ammo.

And for my second question you got it right again a federal C&R licenses im going to do a lot of reasearch on the subject but it just seems the main idea is older handguns not newer models that are non compliant.
I would ask what the difference was in non compliant rifles vs. Noncompliant handguns but then again MGL

 

[vellnueve]

The C&R is a FEDERAL license. It has nothing to do with MGLs other than you must abide by them.

 

[M1911]

thanks jdubois for the info im always hesitant to reiterarte what i have read in MA General Laws. I was looking at picking up an ak with ma legal features no bayo lug, no telescoping buttstock, no flame thrower / rpg attachments. And a case or two of ammo.

You can certainly do that, but if I were you I'd shop around at MA gun stores first. You may well find that the prices are not much different and gas is expensive these days...

 

[Lucas McCain]

I do it all the time since I live on the NH border. 1911 is right though, the prices are a bit higher than MA.

 

[jdubois]

federal C&R licenses im going to do a lot of reasearch on the subject but it just seems the main idea is older handguns not newer models that are non compliant.

Correct. A C&R license is for collecting old and historical guns. It's main feature is allowing you to engage in interstate trade of C&R guns that you would otherwise be federally forbidden from doing. It is not the least bit useful for obtaining modern guns, and not overly useful for getting around MA handgun compliance issues.

I would ask what the difference was in non compliant rifles vs. Noncompliant handguns but then again MGL

Rifle and handgun non-compliance are completely different, and not related to each other at all.

The non-compliance of a rifle is based on C 140 S 131M. You seem to have a good grasp of what it involves (i.e. no evil features allowed). Note that this statute is about possession. You cannot possess a non-compliant rifle.

When people speak of non-compliant handguns, they are referring to C 140 S123, 501 CMR 7.00 and 940 CMR 16.00. These basically boil down to the requirement for a dealer to only sell guns which have been proven safe through a series of tests and design requirements. There's lots of discussion (and vitriol) here on NES on these requirement; but the thing to remember is the statutes are about dealer sales. All the law says is that a dealer cannot sell a non-compliant handgun.

Now, you can see the main difference. Non-compliant rifles cannot be possessed. Non-compliant handguns cannot be purchased from a dealer. That's a very big difference.

The rifle requirements, while tedious and useless, are simple and straight forward. For handgun requirements, see here for all you ever wanted to know about MA handgun compliance.

 

[SigSlayer]

Now, you can see the main difference. Non-compliant rifles cannot be possessed. Non-compliant handguns cannot be purchased from a dealer. That's a very big difference.

Is a very clear way to put it. But if i read that correctly you could theoretically buy any handgun from an personal "non dealer"out of state party IE "gunbroker.com"
And get what you wanted it doesnt seem like that would be allowed or we would see more desert eagles, mac10, and even the feared FN 5.7
I may be jumping ahead of myself I will go read the hand gun compliance

 

[M1911]

Is a very clear way to put it. But if i read that correctly you could theoretically buy any handgun from an personal "non dealer"out of state party IE "gunbroker.com"
And get what you wanted it doesnt seem like that would be allowed or we would see more desert eagles, mac10, and even the feared FN 5.7
I may be jumping ahead of myself I will go read the hand gun compliance

Not quite. Any handgun purchased outside of your state of residence must be transferred through an FFL in your state of residence. So that gun you buy from a seller on gunbroker.com would have to be sent to an FFL in MA. The dealer would not transfer it to you unless the gun was in compliance with the AG's regulations and the EOPS roster.

There is no easy way around the regulations.

 

[SigSlayer]

I reread the former post out of state transfers to dealers in state makes the transfer a dealer transfer.
Thats some mind game.
But like I said earlyer as well those who live close to NH could apply for a nonres licensce 20 dollars i believe, Order a handgun ship to ffl in NH and come home to thier state of residence in MA legally.
Im not planning on doing this i dont walk that kimber 1911 that bad yet, im just trying to interpret.

 

[jdubois]

Is a very clear way to put it. But if i read that correctly you could theoretically buy any handgun from an personal "non dealer"out of state party IE "gunbroker.com"
And get what you wanted it doesnt seem like that would be allowed or we would see more desert eagles, mac10, and even the feared FN 5.7
I may be jumping ahead of myself I will go read the hand gun compliance

Federal law prohibits you from obtaining a handgun outside your state of residence. So the only way you could do what you describe above would be to have the person you bought the handgun from on gunbroker ship the handgun to an in state dealer, and have them do the transfer to you. Oops, now it's at an in state dealer, and the compliance laws come into effect.

 

[M1911]

I reread the former post out of state transfers to dealers in state makes the transfer a dealer transfer.
Thats some mind game.
But like I said earlyer as well those who live close to NH could apply for a nonres licensce 20 dollars i believe, Order a handgun ship to ffl in NH and come home to thier state of residence in MA legally.
Im not planning on doing this i dont walk that kimber 1911 that bad yet, im just trying to interpret.

Nope, that is against federal law. The non-residence carry permit allows you to carry concealed in NH. It does not provide you with any rights to purchase that you do not already have.

You simply can not buy and pickup a handgun from an FFL dealer outside of your state of residence. Doing so would be a federal felony, whether you had NH carry permit or not. And you will not find a NH FFL dealer who would do it for you. You can buy it, but the FFL dealer must ship the handgun to an FFL dealer in your state of residence. If that handgun does not meet the AG's and EOPS regulations, than a MA FFL is not going to transfer it to you.

Once again: there is no easy way around the regulations

 

[jdubois]

Once again: there is no easy way around the regulations

There are really about six ways around the regulations. With the exception of the first example, M1911 is right. None of these are easy avenues for a MA resident to obtain a non-compliant handgun.

1) Buy a non-compliant handgun already in the state from a private seller.

2) Buy a non-compliant handgun in your state of residence, and then move your residence to MA with it already in your possession.

3) Inherit a non-compliant handgun.

4) Buy all the parts to a non-compliant handgun, transferring just the receiver through a MA FFL, then assemble the gun.

5) Buy a C&R eligible, non-compliant handgun from an out of state seller.

6) Obtain a MA dealer license for yourself and purchase non-compliant handguns with your license.

 

[vellnueve]

You forgot #7 (Move)

 

[jdubois]

You forgot #7 (Move)

True. Also forgot:

8) Replace bozos in MA government with reasonable folks who can then overturn the laws.

 

[SigSlayer]

since MA is a circus i dont think the bozos wil ever come out of there nobility. Thanks for the info guys
Where can i find a list of all federal statutes?
And being against federal law to buy a pistol out of state but its not against federal law to buy a compliant rifle or shotgun?

 

[M1911]

since MA is a circus i dont think the bozos wil ever come out of there nobility. Thanks for the info guys
Where can i find a list of all federal statutes?

I don't think that is what you want. But you might want to start here: http://www.atf.gov/firearms/faq/faqindex.htm

And being against federal law to buy a pistol out of state but its not against federal law to buy a compliant rifle or shotgun?

Correct.

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Note that the phrase "unlicensed person" means a person who is not an FFL. http://www.atf.gov/firearms/faq/faq2.htm#b3

 

[jdubois]

http://www.atf.gov/firearms/faq/faqindex.htm

Yup, that's a great place to start. If you want even more detail, http://www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm includes the above FAQ and also contains the text of all the laws. Good luck

 

[buketduder]

You will be fine buying a long gun in NH..because my friend has bought long guns in CT without having to go through a Mass FFL...just make sure they are Mass Compliant because a CT/NH/VT gun store will sell you anything they have most likely because its legal in that state..they don't know mass laws (maybe they do)

 

[SigSlayer]

May i asked how your friend showed them he was od enough to buy the long gun im sure once you pul out a MA id they wi be less hesitant to sell to you.
And for being legal I planed on buying one of the inexpensive ak's because i allready have an AR and dont know what the future holds. They have dried up pretty well in MA so if i find one in NH i will more make sure it has a legal compensator on it, non collapsibe buttstock, and just chop off they bayo lug.

 

[jdubois]

just make sure they are Mass Compliant because a CT/NH/VT gun store will sell you anything they have most likely because its legal in that state.

Doesn't matter if it's legal in their state. An FFL is required to know the laws in all states. If they sell a gun to you which is illegal for you to possess in your state, they're asking to lose their license at a minimum.

 

[drgrant]

Doesn't matter if it's legal in their state. An FFL is required to know the laws in all states. If they sell a gun to you which is illegal for you to possess in your state, they're asking to lose their license at a minimum.

While that sentiment is wonderful it's rarely 110% enforced by BATFE. IMO it is the buyers responsibility to know whether something is or is not legal in their home state before dragging it across the line. It's important to remember this because some of state dealers really only have a vague understanding of MA laws. They might know that someone needs an FID or LTC-B to buy a rifle to bring it back and that is it. Or they might look in a little guidebook about MA and it talks about some things but doesn't talk about things like the MA AW ban, etc.

Further, there are a lot of corner-cases/greyholes/exceptions in the laws. For example- why should an MA resident be stopped from buying a post-ban "evil feature" rifle, for example, if he never intends bring it back into MA? I know several people who own or maintain property in other states and have done exactly that. Hell, I know people who are MA residents and maintain NFA devices in Maine and NH because ownership there is easier. (No green
card required, and you can own suppressors without being a manufacturer).

-Mike

 

[jdubois]

While that sentiment is wonderful it's rarely 110% enforced by BATFE. IMO it is the buyers responsibility to know whether something is or is not legal in their home state before dragging it across the line.

Whole-heartedly agreed.

why should an MA resident be stopped from buying a post-ban "evil feature" rifle, for example, if he never intends bring it back into MA?

Because 18 USC 44 § 922(b)(3) says so.

 

[CLICCO]

Follow-on to this old post

Sorry to bring this post from the dead if my question is answered elsewhere, but I could not find it. I have an MA LTC-A; if I were to buy an AR15 stripped lower (i.e. buy a rifle) in NH from an FFL, do I need to fill out an FA-10 form? What do I need to do as far as registration once I get it back to my house in MA for assembly?

 

[drgrant]

Sorry to bring this post from the dead if my question is answered elsewhere, but I could not find it. I have an MA LTC-A; if I were to buy an AR15 stripped lower (i.e. buy a rifle) in NH from an FFL, do I need to fill out an FA-10 form? What do I need to do as far as registration once I get it back to my house in MA for assembly?

You do not need to fill out an FA-10 until the gun actually becomes a functional rifle. Once you get it to the point of where it can actually fire a shot, then you must file.

-Mike

 

[CLICCO]

You use the FA10 to file? Would I have to go back to NH to have the FFL sign as the "Seller" on the FA10?

 

[drgrant]

You use the FA10 to file? Would I have to go back to NH to have the FFL sign as the "Seller" on the FA10?

Use the "Registration" check box. DO NOT list a seller, unless you want to confuse the piss out of CHSB. Even if it was a complete rifle coming from NH FFL, you would do exactly the same thing, the only difference being that because it functions, you would have to do it within (10? 7?) days of it coming into the state.

-Mike

 

[Titan]

My understanding is that the BATFE considers a stripped lower to be a gun and require that it be transacted through an FFL.

If you buy one you need to buy it from an FFL.

If you buy it out of state, you need to fill out an FA-10 within 10 days of moving it into MA regardless of the state it of its functionality. From the BATFE perspective, and from the perspective of MA authorities you are transferring a gun from NH to MA and are establishing ownership within MA, where registration is required within 10 days of establishing that ownership.

I am not a lawyer, but believe this absolutely to be the current state of the law. I am currently working on two AR-15 lower projects and recently researched the law regarding how lower receivers are treated in MA.

.