MA-resident buying private sale in ME

[Mainerwannabe]

Please read all the detals and then I'd love to hear feedback on this scenario...

1. MA resident is buyer
2. MA resident is property owner in Maine
3. Want to buy pistol through private sale in ME
4. Pistol will never leave ME and will stay on property in ME

Is this legal for me to do? Not is this legal for the seller but is it for the BUYER. I believe a ME-resident is supposed to only sell to a ME-resident but if they don't care... what is my risk? I have 0.00 desire to break the law so the easy thing is just buy in MA...but that's anything but 'easy'. MA is a nightmare to buy in and I have no desire to be big-brothered by MA. At the same time, I have no desire to have an ATF agent say I've done something wrong.

So, if a private seller either doesn't ask me if I'm a ME-resident or doesn't care, then is there ANYTHING illegal about me buying and keeping in ME? I would drive it from ME-seller to my place in ME and it stays there, never to enter MA. On the way would I be breaking the law given it's in my vehicle (unloaded, no ammo in car)?

Thanks for your feedback!

 

[M1911]

deleted.

 

[pdm]

That would be outside of my comfort zone.

 

[Cross-X]

Don't do it. A non-res. buying a gun in a state where he doesn't then reside is breaking federal law.

Don't risk a visit by the ATFE boys and girls.

 

[vellnueve]

^^ Listen to Cross-X, before Scriv comes by and explains the same thing in his own manner. They both know their stuff (ambulance chasers... err... lawyers )

And welcome to the forums.

 

[Mainerwannabe]

Thanks so much for the feedback guys. It seriously has helped me as I've gotten so many mixed pieces of information after reseraching this stuff for hours on the net and calling gun shops, etc...

I'm not going to do it. It's just so annoying though about MA. You have to practically go through a full DNA body scan and college degree to do something that in ME/other states you can walk in and do pretty easily. I used to live in Idaho and it was so much more normal.

I think my approach will be give in to MA nightmares. I also want some guns that aren't legal in MA (I'd love a Barrett 50 cal), and a couple high-cap pistols. So, I can't do anyting about the Barrett but for the high-cap pistols I'll see what I can find that comes with the constrained 10-round magazine but I can sub in a high-cap clip on my own... I'm happy to take that risk under the thumb of the nightmare of MA-liberals.

Anybody know off-hand a 45 ACP that is legal in MA that has high-cap aftermarket magazines? Ideally I'd like a side-by-side magazine for efficiency purposes... to take a 10-cap and drop in a 20 or 30 would be really nice.

????

Thanks again guys! I think I'm addicted to this site!

 

[jamz]

Yup, you may be complying with the "spirit" of the law, which is that a gun that crosses state lines has to go to an FFL that knows the local state laws, but you would be breaking the "letter" of the law which is that if you reside in another state a face to face sale is a no-no.

 

[Cross-X]

... I also want some guns that aren't legal in MA (I'd love a Barrett 50 cal), and a couple high-cap pistols. So, I can't do anyting about the Barrett but for the high-cap pistols I'll see what I can find that comes with the constrained 10-round magazine but I can sub in a high-cap clip on my own...

Be careful when you claim that Barrett rifles are not legal to own in Massachusetts. They are legal here.

So are large capacity pistols such as Glock 17s, Sig Sauer 226s and the like, just make sure that any large capacity mags (it really isn't proper to call them "clips") you possess pre-date the September 13, 1994 Federal ban.

A new, post-ban aftermarket large capacity magazine is not legal here, just as a factory large cap magazine would not be.

 

[KMM696]

Anybody know off-hand a 45 ACP that is legal in MA that has high-cap aftermarket magazines? Ideally I'd like a side-by-side magazine for efficiency purposes... to take a 10-cap and drop in a 20 or 30 would be really nice!

ParaOrdnance can be bought new in MA, and there are fair number of ParaOrd .45 pre-ban mags out there. At least it will hold 10 until you can track down some legal pre-bans.

 

[dwarven1]

Anybody know off-hand a 45 ACP that is legal in MA that has high-cap aftermarket magazines? Ideally I'd like a side-by-side magazine for efficiency purposes... to take a 10-cap and drop in a 20 or 30 would be really nice.

ParaOrdnance P14 or P12.

 

[doobie]

Find someone silly enough who is moving from ME to MA to buy it in ME then bring it to MA with them and sell it to you in a legal FTF transaction.... or would this be illegal somehow?

 

[dwarven1]

Only if you try to buy it before the fool moving into this socialist paradise gets his MA LTC. And if he brings post-ban magazines with him.

However, Four Seasons Guns has a few Para P13s on their website - I think that that's a Commander-sized pistol.

 

[RKG]

(ambulance chasers... err... lawyers )

A bit of a broad brush?

 

[RKG]

Please read all the detals and then I'd love to hear feedback on this scenario...

1. MA resident is buyer
2. MA resident is property owner in Maine
3. Want to buy pistol through private sale in ME
4. Pistol will never leave ME and will stay on property in ME

Is this legal for me to do? Not is this legal for the seller but is it for the BUYER. I believe a ME-resident is supposed to only sell to a ME-resident but if they don't care... what is my risk? I have 0.00 desire to break the law so the easy thing is just buy in MA...but that's anything but 'easy'. MA is a nightmare to buy in and I have no desire to be big-brothered by MA. At the same time, I have no desire to have an ATF agent say I've done something wrong.

So, if a private seller either doesn't ask me if I'm a ME-resident or doesn't care, then is there ANYTHING illegal about me buying and keeping in ME? I would drive it from ME-seller to my place in ME and it stays there, never to enter MA. On the way would I be breaking the law given it's in my vehicle (unloaded, no ammo in car)?

Thanks for your feedback!

So long as you stipulate that the purchaser is a MA resident and the seller is a ME resident, the proposed sale would violate Federal law.

However, BATF has some odd rules that sometimes permit one to be a resident of two places, or, more accurately, may permit one who is a resident of one state to be treated, for BATF purposes (only) as simultaneously a resident of some other state. If this unusual situation applied, then both buyer and seller would be considered ME residents, and Federal law would be satisfied.

Whether this mutliple residency rule of BATF is applicable in the hypo I cannot answer.

 

[M1911]

RKG:

The ATF FAQ addresses this:

(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

Full text: http://www.atf.gov/firearms/faq/faq2.htm#b12

I'd be leery of it, given that a misinterpretation could result in federal prosecution. I also suspect that a person will have a hard time convincing an FFL in another state to sell a handgun to them, even if they do own property in that state. Note the requirement to actually reside in the other state for a "certain" part of the year. I think this is where it can get sticky. If someone goes up to Maine on vacation for a week or two each year, is this residency during that period? I'd guess no. If someone goes up to Maine every summer for three months each year, is this residency? I'd guess yes.

IANAL and this isn't legal advice. At least one knowledgeable MA attorney here has recommended against this -- that would certainly be the conservative course of action.

 

[securityboy]

Please read all the detals and then I'd love to hear feedback on this scenario...
...
1. MA resident is buyer
2. MA resident is property owner in Maine
...
Thanks for your feedback!

I agree with all that has been said as responses, HOWEVER #2 may "negate" #1, depending on how much time you spend in Maine, etc. because under "genuine" circumstances ATF recognizes dual residency.

Finnally, another option to consider, if you wanna buy a lot of stuff to keep in Maine (because you can't get it in MA) and really are stuck as a MA resident. Form a corporation/trust/LLC etc in Maine, and begin aquiring your "corporate assests"..."my" supressors live in Maine owned by my corporation...

 

[Rockrivr1]

ParaOrdnance can be bought new in MA, and there are fair number of ParaOrd .45 pre-ban mags out there. At least it will hold 10 until you can track down some legal pre-bans.

Since this handgun is staying in ME I wonder if he even needs to worry about getting pre-ban mags for it. He can buy the gun here in MA, but I would think he could buy post ban hi-cap mags in NH, ME etc' and use them with his gun in ME only. As long as they are legal in ME that is.