mass resident buying a gun out of state.

[New_Shooter]

hello, think i already know the answer from the bit of looking i have done, but thought i'd ask anyway.


i am a mass resident, have my LTC-A no restriction. i am down in GA right now visiting my brother. can i buy a firearm down here and bring it with me to MA and do an FA-10?

i think the answer is no, but i dont know why. if someone could explain or know of a link to more specifics about this part of the law, that would be great.


also different situation. my brother is in the army, mass resident, but stationed in GA. he does not have a LTC or FID. can he buy a firearm and transfer it to me?

i'm half asleep typing thing, only have a short time to visit him before he gets deployed and trying to get a few quick answers. thanks in advance for any help!!!!

 

[RichM]

You may purchase a long gun (rifle or shotgun) at an FFL either in GA or have it shipped to an FFL in MA for you to purchase when you return, as long as you can legally possess that long gun here.

You may not buy any guns from any non-FFL person unless both are residents of the same state.

Any handguns purchased MUST be transferred to you from a MA FFL, so ALL of MA's transfer laws apply.

 

[Kevlar]

...i am down in GA right now visiting my brother. can i buy a firearm down here and bring it with me to MA and do an FA-10?...

Federal law requires that all interstate transfers of firearms must be effected by a FFL.

Interstate transfers of handguns must be effected by a FFL in the purchaser's state of residence.

Interstate transfers of rifles & shotguns may be effected by a FFL in either state.

(See: 18 U.S.C. 922(a)(3), 922(a)(5), 922(b)(3), 922(d), as well as 27 CFR 478.29 and 478.30)

also different situation. my brother is in the army, mass resident, but stationed in GA. he does not have a LTC or FID. can he buy a firearm and transfer it to me?

Not as described, that would be considered a straw purchase.

 

[Len-2A Training]

Not as described, that would be considered a straw purchase.

In addition to this . . . since your Brother doesn't have a MA LTC, you can't do a transfer on an FA-10 either.

Send our thanks to your Brother for his service and wish him a safe tour from me!

 

[KMaurer]

The answer to your first question is "yes". Unless there's some prohibition in GA law, it's perfectly legal for you to purchase a rifle or shotgun from a licensed dealer in GA. You can simply bring it back in your luggage (after declaring it if you're flying) or ship it to your self. There's no need for a MA FFL. Just file the FA-10 withing 7 days after your return with it.

The second question gets a definite "no" for the reasons mentioned above.

Ken

 

[Dexion1619]

Related Question

How about this related question (didn't think it needed a seperate thread); Can you purchase a long-gun in a differant state that is not on the approved firearms roster for MA; As an example, a Kaltech SU-16CA (Folds, but can-not fire in folded position)... I can't see any reason why these rifles wouldn't be allowable In MA with a LTC-A other then that they are not on "The List".

 

[Len-2A Training]

How about this related question (didn't think it needed a seperate thread); Can you purchase a long-gun in a differant state that is not on the approved firearms roster for MA; As an example, a Kaltech SU-16CA (Folds, but can-not fire in folded position)... I can't see any reason why these rifles wouldn't be allowable In MA with a LTC-A other then that they are not on "The List".

There are NO LONG GUNS on the "LIST"!!

AWB and hi-cap issues are all you need to worry about wrt long guns.

Please do some reading of the stickies in this sub-forum to get a better understanding of MA gun laws before trying to buy anything out of state. Most non-MA dealers know nothing of MA gun laws . . . so YOU need to be knowledgeable. Just understand that many non-MA dealers will refuse to sell you almost anything, arbitrarily.

 

[Jose]

Just understand that many non-MA dealers will refuse to sell you almost anything, arbitrarily.

The farther from MA the dealer is, the less he's going to care what is legal or not in MA. He will sell it to you and it is your problem to figure out if it is legal to possess in MA.

 

[Horrible]

Federal law requires that all interstate transfers of firearms must be effected by a FFL.

Interstate transfers of rifles & shotguns may be effected by a FFL in either state.

So, I just want to make sure that I am completly clear on this. I can buy a long gun from say, Cabela's in ME or CT and simply fill out and submit an FA-10 to CHSB once I bring said long gun into MA (assuming, of course, that it is legal for me to own this long gun in MA). Where as if I wanted to purchase a handgun from Cabela's I would need to transfer it through a MA FFL.

Is this correct?

Thanks

 

[vellnueve]

Yes. Plus, in CT you would need to abide by their 7-day waiting period.

 

[Horrible]

Yes. Plus, in CT you would need to abide by their 7-day waiting period.

Thanks for the quick reply.

DOH on the 7-day waiting period.

 

[Len-2A Training]

Yes. Plus, in CT you would need to abide by their 7-day waiting period.

Back a few years ago, I was told (by either Hoffman's or Newington Gun Exchange) that the waiting period was 14 days (not 7) if you didn't have a CT Permit. Sucks either way, but check CT laws (other sub-forum) as I'm not really familiar with their laws.

 

[Dmac82]

Back a few years ago, I was told (by either Hoffman's or Newington Gun Exchange) that the waiting period was 14 days (not 7) if you didn't have a CT Permit. Sucks either way, but check CT laws (other sub-forum) as I'm not really familiar with their laws.

I believe its 14 unless you have a hunting permit.

 

[Kevlar]

So, I just want to make sure that I am completly clear on this. I can buy a long gun from say, Cabela's in ME or CT and simply fill out and submit an FA-10 to CHSB once I bring said long gun into MA (assuming, of course, that it is legal for me to own this long gun in MA). Where as if I wanted to purchase a handgun from Cabela's I would need to transfer it through a MA FFL.

Is this correct?

Thanks

Correct, but as Len stated, there is generally a 14-day waiting period for long guns in CT...

(a) No person, firm or corporation may deliver, at retail, any firearm, as defined in section 53a-3, other than a pistol or revolver, to any person...until the expiration of two weeks from the date of the application...

>snip<

The waiting period specified in subsection (a) of this section during which delivery may not be made and the provisions of this subsection shall not apply to any federal marshal, parole officer or peace officer, or to the delivery at retail of:

(1) any firearm to a holder of a valid state permit to carry a pistol or revolver issued under the provisions of section 29-28 or a valid eligibility certificate issued under the provisions of section 29-36f;

(2) any firearm to an active member of the armed forces of the United States or of any reserve component thereof;

(3) any firearm to a holder of a valid hunting license issued pursuant to chapter 490; or

(4) antique firearms. For the purposes of this section, "antique firearm" means any firearm which was manufactured in or before 1898 and any replica of such firearm provided such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition except rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and not readily available in the ordinary channel of commercial trade.

http://www.cga.ct.gov/2009/pub/Chap529.htm#Sec29-37a.htm

 

[RichM]

Correct, but as Len stated, there is generally a 14-day waiting period for long guns in CT...

(2) any firearm to an active member of the armed forces of the United States or of any reserve component thereof;

http://www.cga.ct.gov/2009/pub/Chap529.htm#Sec29-37a.htm

Interesting...

 

[GSG]

Back a few years ago, I was told (by either Hoffman's or Newington Gun Exchange) that the waiting period was 14 days (not 7) if you didn't have a CT Permit.

Yep, as Kevlar pointed out there's exceptions. I've never heard of any non-residents who are properly exempt having issues with that either.

 

[MMBlackSawn]

The answer to your first question is "yes". Unless there's some prohibition in GA law, it's perfectly legal for you to purchase a rifle or shotgun from a licensed dealer in GA. You can simply bring it back in your luggage (after declaring it if you're flying) or ship it to your self. There's no need for a MA FFL. Just file the FA-10 withing 7 days after your return with it.

The second question gets a definite "no" for the reasons mentioned above.

Ken

Hey everyone. I’ve never filled out the FA-10 (in the Mass Gun Transaction Portal) before. Who do I list as “seller” please? The original out of state dealer or the MA FFL? Thank you.

 

[Stryker]

Hey everyone. I’ve never filled out the FA-10 (in the Mass Gun Transaction Portal) before. Who do I list as “seller” please? The original out of state dealer or the MA FFL? Thank you.

You can just leave it blank

 

[slap shot]

If you’re buying from an ffl why are you doing an fa10?

 

[A3-HBAR]

How would MA know if you are required to file the FA-10? Would the State know if you were late in filing?

 

[whacko]

If you’re buying from an ffl why are you doing an fa10?

If he bought a long gun at a Maine or nh ffl.....you have to do an efa10 within 7 days if bringing the gun into mass.....to follow the law anyway.

 

[silversquirrel]

How would MA know if you are required to file the FA-10? Would the State know if you were late in filing?

Exactly.

 

[whacko]

How would MA know if you are required to file the FA-10? Would the State know if you were late in filing?

Mass doesn't "know" if you bought a long gun at another state ffl.....its just in the law that you have to efa10 it within 7 days of bringing it into mass. As to if they "know" you did the efa10 late.....not sure how they would know.....or if there is enev any case law about anyone being prosecuted for it.

 

[slap shot]

If he bought a long gun at a Maine or nh ffl.....you have to do an efa10 within 7 days if bringing the gun into mass.....to follow the law anyway.

duh, i actually have done this at KTP when i lived in MA.

 

[whacko]

duh, i actually have done this at KTP when i lived in MA.

The majority of my long gun collection is from nh and Maine gun shops. I may or may not have done the efa10 on all of them.

 

[MAJoe]

Hey everyone. I’ve never filled out the FA-10 (in the Mass Gun Transaction Portal) before. Who do I list as “seller” please? The original out of state dealer or the MA FFL? Thank you.

If you purchased/were transferred a firearm from a MA FFL, they should have filled out the eFA-10 the same time as they did the 4473. You should have been given a copy. You don’t need to do anything else. This should have happened if you had a gun shipped from out of state to a MA FFL to transfer to you.

If this is a firearm from an out of state FFL (never touched a MA FFL), then you do the registration part and leave the seller information blank (you can’t enter a non-MA dealer since they don’t have a MA dealer license or LTC number).

 

[Len-2A Training]

duh, i actually have done this at KTP when i lived in MA.

As a MA inmate, I've bought rifles from a couple of NH dealers and carried them home, likewise I bought a C&R pistol (on my C&R FFL) from KTP and walked out of there with it in a paper bag. In all cases, I did the FA-10 registration (no info on source) once I returned to MA (all were before they went online with the form).