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More questions on purchases/transfers in MA

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I've been reading the posts here for a few months now, and I'm still confused (join the crowd, you say! :) about how the 1994 hi-cap magazine ban, the 1998 law change, purchases, sales, gifts, etc. all interact. I've seen numerous (very informative!) posts here that each talk about a piece here or a piece there, but it would be nice to see something that brings a bunch of things together. So here's my attempt at asking a bunch of questions that I (and hopefully other newbies) would like to understand better.

For the first set of questions, forget about magazine issues. I'll have questions about that later :)

(1) A handgun bought through an MA dealer has to either be pre-1998 or has to be on the EOPS and AG's lists ("The Lists")?

(2) If one wants to buy a handgun out-of-state (or over the internet) either from a dealer or from a non-MA private individual, the gun has to go through an MA-based FFL and has to either be pre-1998 or be on The Lists? Or is the question moot because doing so is simply not allowed?

(3) If a non-MA friend/relative/etc. wants to give you a bona fide gift of a handgun, how do you get it into MA? Do you still have to go through a MA FFL? Does the gun still have to be pre-1998 or be on The Lists?

(4) What about if you inherit the guns from a non-MA person? (I know this was addressed in an excellent thread some months ago, but I wanted to get that answer into this thread along with the other answers).

(5) If you lived in state A and owned post-1998 handguns that are NOT on The Lists and (for whatever inexplicable reason :) moved to MA, are you allowed to bring in the guns?

(6) Do The Lists apply if you are given or purchase a handgun from a MA private individual who legally possesses the gun in MA?

(7) If you are a resident of MA, but have a 2nd home in a more sane state (say VT or NH, for example), can you (a) buy handguns not on The Lists and keep them in your 2nd home, and (b) if you can, is there any legal way to subsequently bring them to MA?

(8) Can handgun ammunition be purchased from an out of state vendor? If I in person buy ammo out of state can I legally bring it into MA?

The next questions go into the high-cap magazine issue. If the answer to (9) is "yes", then the rest are moot and there's no point in answering them.

(9) Is the high-cap magazine ban as simple as "if the magazine was manufactured after the ban date and holds more than 10 rounds, it's illegal to possess it, no matter what", or are there exceptions?

(10) Along the lines of (3), can someone from out of state give you a bona fide gift of post-ban high-cap mags?

(11) Along the lines of (5), if you own post-ban high-cap mags and move to MA, what happens to them?

(12) Along the lines of (4), what happens if you inherit post-ban high-cap mags?

Thanks, as always!
 
I'm tired and have a head cold, but I'll do my best . . .

1. Correct except that the AG NEVER "approves" or creates any List. Mfr "claims" to meet the AG's Regs and AT ANY TIME if the AG disagrees, his word is "law" and they are off the market (e.g. new Glocks).

2. Your first assumption is correct.

3. YES to all! Fed Law MANDATES that all interstate transfers of handguns MUST go to FFL in buyer/receiver's state (and meet all the state laws for transfer). Only exception is on inheritance (no FFLs required per Fed Law).

4. See answer to 3. Executor has legal authority to make the transfer for the decedent and NO FFLs are required. In fact if you use a MA FFL, almost all handgun transfers would be impossible! Some dealers, police, etc. will tell you that inheritance must go thru FFL. They are wrong and this is clearly stated in a BATFE FAQ (posted on their website) and printed in the books that every FFL (even C&R FFLs) gets free.

5. Yes.

6. NO!

7. Yes, per Fed Law, while you are living in the other state (not a 1-2 week vacation, but multi-month continuous residence). Most FFLs will NOT do such a transfer however, but it is perfectly legal. You can bring them into MA and do an FA-10 (required at this point) as "Registration". All nice and legal.

8. Yes!

9. YES! Only exception to this rule is LE/Mil for a duty gun only.

10-12. You know the answers!
 
LenS did not clarify
For numbers 1 and 2, ANYTHING coming through a Mass FFL must be on the list. Pre 98's are exempt from the AG's requirements, but if its not on the EOPS list, it can NOT be brought into the state.

Also, regarding "dual citizenship". The BATF regulation on this is about 2 sentances long. It says you must have dual resediency. Simply owning property in a state does NOT qualify. It doesnt give any time restrictins on how much time must be spent.

here it is in it's entirety "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. But simply owning property in another State does not qualify the person to purchase a handgun in that State. "

I dont spend 2-3 months continuous in my homes, but I do qualify as a dual resident of ma / ri. I spend about 50/50 at my two places, I can prove so with two seperate leases.
 
Pre 98's are exempt from the AG's requirements, but if its not on the EOPS list, it can NOT be brought into the state.

Thanks! That's one reason why I posted this, in the hopes of finding out info like that. In the discussions I've read here and elsewhere, I missed what you just said above -- that the EOPS list even applies to pre-1998 handguns. So to make sure I'm understanding, the EOPS list applies to all handguns (except certain kinds of "antiques", perhaps?) and additionally the AG list applies to post 10/21/98 handguns?
 
I warned you that I was tired and have a head cold! [wink]

I made one SIGNIFICANT ERROR in answering 1 and 2, sorry:

- If the gun was "in state" (legally owned by a MA FFL or MA Resident with a LTC/FID) on 10/21/98, none of the EOPS List or AG Regs apply (grandfathered).

Example: So if gun x was owned by a Licensed MA Resident on 10/21/98, sold later to a NY Resident, said NY Resident now wants to sell it to a MA Resident . . . a MA FFL can do the deal as long as there is documentation to back up the above requirement.

Significant differences between agency requirements as it applies to your question:

- AG "grandfathers" ANY handgun MFD prior to 10/21/98, no matter where in the world it resided.

- AG also exempts any handgun for LE/Mil duty purposes, regardless of when it was made.

- MGL (EOPS enforcement) requires that the handgun resided with a MA Licensee (dealer, mfr or Licensed subject) ON 10/21/98 to be "grandfathered".

- MGL has NO exemption for any LE/Mil duty guns. However, it does NOT prevent any LE agency (or military) from ordering (by the department) any handgun they want from a NON-MA FFL or mfr/distributor to be shipped direct to the department.

There are also some differences regarding "target guns" (biggest problem is that there is no definition of same that is accepted by both EOPS and AG. So much confusion on this area that a bill has been filed to fix it and I don't profess the knowledge to espouse the requirements and differences here.
 
lagrangian said:
I've been reading the posts here for a few months now, and I'm still confused (join the crowd, you say! :) about how the 1994 hi-cap magazine ban, the 1998 law change, purchases, sales, gifts, etc. all interact. I've seen numerous (very informative!) posts here that each talk about a piece here or a piece there, but it would be nice to see something that brings a bunch of things together....


You want to see all the Mass. state gun laws together in one place?

Go to your Town or City Clerk's office and ask to see the poster required by

CHAPTER 269. CRIMES AGAINST PUBLIC PEACE Chapter 269: Section 11 Printing statutes for posters; display
 
Republic of Mass said:
LenS did not clarify
For numbers 1 and 2, ANYTHING coming through a Mass FFL must be on the list. .
Incorrect, technically speaking - bot for all practical purposes, accurate..

It is the posession of a MA state dealer's license which triggers the requirements, not the FFL. A state dealer's license is only required if you sell more than 4 in a calendar year. So, a *VERY* low volume FFL who sells only 4 guns per year may do so without a state dealer's license, and without being subject to "the list" and the AG's requirements.
 
Republic of Mass said:
LenS did not clarify
For numbers 1 and 2, ANYTHING coming through a Mass FFL must be on the list. Pre 98's are exempt from the AG's requirements, but if its not on the EOPS list, it can NOT be brought into the state.

Also, regarding "dual citizenship". The BATF regulation on this is about 2 sentances long. It says you must have dual resediency. Simply owning property in a state does NOT qualify. It doesnt give any time restrictins on how much time must be spent.

here it is in it's entirety "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. But simply owning property in another State does not qualify the person to purchase a handgun in that State. "

I dont spend 2-3 months continuous in my homes, but I do qualify as a dual resident of ma / ri. I spend about 50/50 at my two places, I can prove so with two seperate leases.

So during my 1-2 week vacation at my home in NH means I qualify to purchase firearms as a NH resident?

Must I bring something to prove my stay at the house, bills or things of that nature?
 
FunYun,

I have seen some "evidence" (in the past, don't recall where and can't prove it) that BATFE does NOT consider a 1-2 week vacation in a 2nd home to qualify. They did NOT specify a minimum time, but they do MEAN "living" (e.g. working, staying long-term, etc.) not just a short vacation.

Additionally without a DL from that second state, it is highly unlikely that any FFL will sell you a handgun, even if it is legal. And I don't know if mere mortals can legally possess multiple DLs any more (I KNOW that this is forbidden by Fed Law for anyone with a CDL, as are radar detectors and firearms possession while driving).

Do some more research on the BATFE website and perhaps you can find something in their FAQs or Letters.
 
I don't have the text in front of me at the moment, but BATF explicitly states that simply owning and using a vacation home in another state does not qualify as dual residency. Assuming that one really qualifies, I know of a couple of southern NH dealers who read all the regs are happy to sell.

Ken
 
I recently e-mailed the question of dual residency to the "Goal Guru" in the Goal newspaper. I hope they choose to discuss it in a future issue.

Bugie :)
 
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