MARLIN LEVER ACTION 30.30 want to buy from friend in NH no paperwork Can I buy this?

[tjtoolbox]

Looking to buy a Marlin Lever action 30.30 from a friend of mine in NH. There is no paperwork with the rifle, it will be a Cash deal. My question is can I buy the rifle from him without any proof of purchase and Regisiter it in MA?

 

[Boghog1]

he can send it to an FFL in MA and they can sign it over to you

 

[Kevlar]

Yes, but a FFL (in any State) must effect the transfer.

 

[tjtoolbox]

Yes, but a FFL (in any State) must effect the transfer.

So you are saying that I can go to NH and buy the gun from him NO paperwork because he does not have it anymore and bring it back to Ma. and then make it legal through a FFL?

 

[AF83]

What rifle?

 

[tjtoolbox]

Are you Kidding?

What rifle?

 

[strangenh]

So you are saying that I can go to NH and buy the gun from him NO paperwork because he does not have it anymore and bring it back to Ma. and then make it legal through a FFL?

Pretty sure he isn't saying that because that would be illegal under federal law.

Fed law says the interstate transfer of a long arm between regular folks (let's not sidetrack into what a licensee is) must be performed by an FFL. If you want to do it face to face, you must go to an FFL with the friend so the FFL can transfer the rifle to you. In person, that can be an NH FFL, a MA FFL, or an FFL in any state you're both legal to have the rifle in, where the FFL is also permitted by state law to perform transfers to non-residents. Only that one FFL needs to be involved. Most NH FFLs willing to do non-purchase transfers charge about $25-30. If you do it at a non-MA FFL you will file an FA-10 when you're back in MA. I am sure someone will chime in with the # of days you have to do it after bringing it into MA.

 

[Mike-Mike]

So you are saying that I can go to NH and buy the gun from him NO paperwork because he does not have it anymore and bring it back to Ma. and then make it legal through a FFL?

NO. You and him go to ANY FFL and transfer it.

 

[tjtoolbox]

This seems a bit out of the norm, I was told by a FFL that if I bought a Long gun out of state that all that I would have to do is register it in MA with him, am I wrong with this?

NO. You and him go to ANY FFL and transfer it.

 

[Mike-Mike]

This seems a bit out of the norm, I was told by a FFL that if I bought a Long gun out of state from an FFL that all that I would have to do is register it in MA with him, am I wrong with this?

Fixed it for you.

 

[tjtoolbox]

Wrong that Is not what I was told, I am not buying it from a FFL it is a Private Party, get the Question.

Fixed it for you.

 

[Boghog1]

Wrong that Is not what I was told, I am not buying it from a FFL it is a Private Party, get the Question.

He is telling you that you need to take it to a FFL period

 

[Mike-Mike]

Wrong that Is not what I was told, I am not buying it from a FFL it is a Private Party, get the Question.

Yes! get the answer? What you were told was wrong.

 

[jmh992003]

To purchase out of state you need a dealer, you can buy a long gun out of state but you still need the dealer. You can not do a person to person transfer across state lines period. Bring the rifle to a dealer in NH and do the transfer there.

Then when you get ba k to mass file the requisite fa10 form

 

[tjtoolbox]

I was told by a FFL that if I bought a Long gun in NH that I could bring it back to Ma. and Register it in Ma without a NH FFL. This FFL is a LEO how should I believe? If your a FFL and you take in a Gun that is not on a list does it make it illegal?

 

[Mike-Mike]

I was told by a FFL that if I bought a Long gun in NH that I could bring it back to Ma. and Register it in Ma without a NH FFL. This FFL is a LEO how should I believe? If your a FFL and you take in a Gun that is not on a list does it make it illegal?

Why did you come on here and ask a legal question then argue when we tell you the answer?

 

[tjtoolbox]

To purchase out of state you need a dealer, you can buy a long gun out of state but you still need the dealer. You can not do a person to person transfer across state lines period. Bring the rifle to a dealer in NH and do the transfer there.

Then when you get ba k to mass file the requisite fa10 form

What if is a private sale?

 

[Boghog1]

What if is a private sale?

Ask your LEO FFL he can tell you what you need to do

 

[tjtoolbox]

Why did you come on here and ask a legal question then argue when we tell you the answer?

Do you know ALL the Answers?

 

[Mike-Mike]

Do you know ALL the Answers?

Nope, just that one!

 

[Kevlar]

Pretty sure he isn't saying that because that would be illegal under federal law.

Fed law says the interstate transfer of a long arm between regular folks (let's not sidetrack into what a licensee is) must be performed by an FFL. If you want to do it face to face, you must go to an FFL with the friend so the FFL can transfer the rifle to you. In person, that can be an NH FFL, a MA FFL, or an FFL in any state you're both legal to have the rifle in, where the FFL is also permitted by state law to perform transfers to non-residents. Only that one FFL needs to be involved. Most NH FFLs willing to do non-purchase transfers charge about $25-30. If you do it at a non-MA FFL you will file an FA-10 when you're back in MA. I am sure someone will chime in with the # of days you have to do it after bringing it into MA.

Precisely.

Also, the FA-10 must be submitted within seven days of the rifle entering MA.

This seems a bit out of the norm, I was told by a FFL that if I bought a Long gun out of state that all that I would have to do is register it in MA with him, am I wrong with this?

Yes, you're wrong.

This seems a bit out of the norm, I was told by a FFL that if I bought a Long gun out of state from a FFLthat all that I would have to do is register it in MA with him, am I wrong with this?

Fixed it for you.

Wrong that Is not what I was told, I am not buying it from a FFL it is a Private Party, get the Question.

Don't get all snippy. Mike is right, and is trying to prevent you from committing a Federal felony.

 

[strangenh]

Well, Mike's trying to prevent the OP's friend from committing the felony, anyhow. The onus is on the seller federally.

OP: "Private sales" may be fine, but the private TRANSFER is only permitted federally between residents of the same state (again, not getting into what is a licensee). EVERY other "private sale" transfer has to go through an FFL FOR THE TRANSFER - I.E., BEFORE THE BUYER TAKES POSSESSION. With long guns, that can be an FFL in any state (with handguns it has to be one in the buyer's state). When the Fed says you can't do an interstate transfer between residents of different states, that means you taking possession and bringing it back to an MA FFL for paperwork/check is a no-no. It's fine if an FFL does the paperwork and background check before you take possession. Thus your friend can ship the Marlin to a MA FFL, or you two can meet up at an NH FFL. If your friend is brave, or has a non-res MA LTC, your friend can come with you into MA and you can xfer right at that FFL LEO you mention, but given the FFL's other statements, that FFL probably doesn't know MGL Chapter 140 Section 129C (p), so if your friend doesn't have a non-res MA LTC, the LEO may be inspired to arrest your friend for possession of a firearm without a MA license or FID. Everyone in MA forgets about or misreads that section. ANYHOW...

There is your response again. Take it to an NH dealer with your friend and file an FA-10 when you get home. If you take possession from your friend in NH and then bring it to MA to a dealer on your own, your friend's done a private transfer to a non-resident and broken federal law.

THEN, there is MA law, which says you have to file an FA-10 (if you did not transfer through a MA dealer) within X days of bringing it home.

 

[Kevlar]

Well, Mike's trying to prevent the OP's friend from committing the felony, anyhow. The onus is on the seller federally.

They both would be violating Federal law.

The OP would be in violation of 18 USC 922(a)(3)...

It shall be unlawful ... for any person ... to transport into or receive in the State where he resides ... any firearm purchased or otherwise obtained by such person outside that State...

...and his friend would be in violation of 18 USC 922(a)(5)...

It shall be unlawful ... for any person ... to transfer, sell, trade, give, transport, or deliver any firearm to any person ... who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides...

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap44-sec922.htm

 

[strangenh]

Kevlar - Good catch!

Two felonies for the price of one "private sale." Who says firearms sales aren't regulated!?

 

[hankster]

Are you Kidding?

Think you've already answered your own question .

 

[tjtoolbox]

Went and talked with the Dealer today, I misunderstood what he said. I can have my friend box and ship the long gun to a FFL with ID, then in turn to me or I could meet him at a FFL in NH do the paper work and bring it back to Ma and register it. Sorry for all the misunderstanding, thought that I could do a face to face and bring the rifle back with me. Some time it is very hard to understand Ma. gun laws.Why is it so bad compared to other states?
I want to thank all who responded to this post, tjtoolbox.

 

[Nicole]

Went and talked with the Dealer today, I misunderstood what he said. I can have my friend box and ship the long gun to a FFL with ID, then in turn to me or I could meet him at a FFL in NH do the paper work and bring it back to Ma and register it. Sorry for all the misunderstanding, thought that I could do a face to face and bring the rifle back with me. Some time it is very hard to understand Ma. gun laws.Why is it so bad compared to other states?
I want to thank all who responded to this post, tjtoolbox.

You're still not listening. As people have explained to you already, the reason you can't do a face to face with your friend is due to FEDERAL law. This has been the law since 1968. It would be the exact same thing if you were a resident, of, say, Maine. Or Texas. Or Arizona. If you buy a gun interstate, at least one dealer must be involved.

This is one time where Mass doesn't suck anymore than any other state - the Feds beat them to it by decades.

 

[tjtoolbox]

You're still not listening. As people have explained to you already, the reason you can't do a face to face with your friend is due to FEDERAL law. This has been the law since 1968. It would be the exact same thing if you were a resident, of, say, Maine. Or Texas. Or Arizona. If you buy a gun interstate, at least one dealer must be involved.

This is one time where Mass doesn't suck anymore than any other state - the Feds beat them to it by decades.

Did you read my response? I said that I could meet him at a FFL in NH and do the paper work and bring it back to Ma.

 

[Nicole]

Did you read my response? I said that I could meet him at a FFL in NH and do the paper work and bring it back to Ma.

Yes. Watch. I'll show you.

Went and talked with the Dealer today, I misunderstood what he said. I can have my friend box and ship the long gun to a FFL with ID, then in turn to me or I could meet him at a FFL in NH do the paper work and bring it back to Ma and register it.

This is where you realize that in order to buy a gun in another state, at least one dealer must be involved. We agree. YAY!

Sorry for all the misunderstanding, thought that I could do a face to face and bring the rifle back with me.

This is where you realize everyone here was right and you are now on the ball with what you need to do.

Some time it is very hard to understand Ma. gun laws.Why is it so bad compared to other states?

This is where you are lost again. The reason you need a dealer involved has NOTHING to do with Massachusetts law. If you lived in Maine, you still could NOT drive over to New Hampshire and buy the rifle from your friend. A dealer would have to be involved.

It is FEDERAL law that requires you to involve a dealer when buying a gun interstate.

One more time: A dealer must be involved. Because the FEDERAL government says no. NOT because Massachusetts says so. Your difficulty in this instance has nothing to do with Massachusetts.

 

[tjtoolbox]

Yes. Watch. I'll show you.



This is where you realize that in order to buy a gun in another state, at least one dealer must be involved. We agree. YAY!



This is where you realize everyone here was right and you are now on the ball with what you need to do.



This is where you are lost again. The reason you need a dealer involved has NOTHING to do with Massachusetts law. If you lived in Maine, you still could NOT drive over to New Hampshire and buy the rifle from your friend. A dealer would have to be involved.

It is FEDERAL law that requires you to involve a dealer when buying a gun interstate.

One more time: A dealer must be involved. Because the FEDERAL government says no. NOT because Massachusetts says so. Your difficulty in this instance has nothing to do with Massachusetts.

I understand that I need to get a FFL involved in all my transactions no matter what State, You don't have to beat me to death. Stupid is as Stupid does!