Moving to MA Question

[Ta572]

I am sure this question has been asked somewhere before, but I’d really appreciate some help!

My friend has a Beretta 92 and is moving to Massachusetts from Kansas. She doesn’t want to go through everything to get an LTC or FID. I live in Mass already and have an LTC. My questions are:

- Can she just give me the handgun when she has moved here?

- Can I register it through the gun portal (with her as the seller in Kansas)?

- Do we have to do that transfer through an FFL?

- If we do have to use an FFL, can we do it person-to-person or does she have to ship it from Kansas ahead of time?

 

[HARRYM]

I am sure this question has been asked somewhere before, but I’d really appreciate some help!

My friend has a Beretta 92 and is moving to Massachusetts from Kansas. She doesn’t want to go through everything to get an LTC or FID. I live in Mass already and have an LTC. My questions are:

- Can she just give me the handgun when she has moved here?

- Can I register it through the gun portal (with her as the seller in Kansas)?

- Do we have to do that transfer through an FFL?

- If we do have to use an FFL, can we do it person-to-person or does she have to ship it from Kansas ahead of time?

You are not in Kansas anymore Dorothy.

 

[walter62]

First thing is for her to get some psychiatric counseling as what she
is considering is clearly personally abusive and insane.

 

[Rick O'Shea]

Great first post! I would imagine the answers to your questions are in other similar posts,..

 

[TJ4]

3 posts in and nobody thought to ask “is she hot” or “send pics of bobs and vagene?” We are truly slipping.

 

[walter62]

Is she hot?

 

[jasonj84]

Is she hot?

I would say the Beretta 92 is a 6 out of 10.

 

[Bigfudge16]

I would recommend having her ship it to an FFL in MA who will transfer it to you. If she has no intention of obtaining a LTC in MA then this would be the simplest legal way of transfer.

I accept bobs and vagene as payment for my non professional advice.

 

[slap shot]

Here ya go.

Maura Healey

Contact Governor Maura Healey of Massachusetts. Contact information for Maura Healey includes his email address, phone number, and mailing address.

contactgovernors.com

 

[Bigfudge16]

Here ya go.

Maura Healey

Contact Governor Maura Healey of Massachusetts. Contact information for Maura Healey includes his email address, phone number, and mailing address.

contactgovernors.com

isn't that the lady on the news that was throwing all the minority children out of the rec center? Seems a bit racist.

 

[Sf Becket]

I believe both parties would have to be LTC holders to do a transfer through the portal

 

[bigbravehog]

depending on why your friend is moving to MA, I would suggest Southern NH.

 

[pastera]

She can bring the gun into Mass as part of her move.
Then transfer at an FFL within 60 days.
No post ban standard mags though.

 

[Shevchenko]

3 posts in and nobody thought to ask “is she hot” or “send pics of bobs and vagene?” We are truly slipping.

i just woke up, sorry

 

[FPrice]

I am sure this question has been asked somewhere before, but I’d really appreciate some help!

My friend has a Beretta 92 and is moving to Massachusetts from Kansas. She doesn’t want to go through everything to get an LTC or FID. I live in Mass already and have an LTC. My questions are:

- Can she just give me the handgun when she has moved here?

- Can I register it through the gun portal (with her as the seller in Kansas)?

- Do we have to do that transfer through an FFL?

- If we do have to use an FFL, can we do it person-to-person or does she have to ship it from Kansas ahead of time?

Looking at the "Joined Date" of the OP, and considering what bill the Massachusetts Senate is considering today, this sounds like a last-minute "What did we forget to include to screw our gun owners, let's post a theoretical question and analyze the response" type of first post.

Of course, I could just be paranoid. Our wonderful leaders would NEVER try to find more ways to screw us.

{SARCASM/}

Or maybe Dorothy really is coming to us from Kansas.

 

[Penniepup1]

Friends don’t let friends move to Massganastan.

 

[Rob Boudrie]

She can bring the gun into Mass as part of her move.
Then transfer at an FFL within 60 days.
No post ban standard mags though.

Incorrect.

The Supreme Marsupial Court ruled that the 60 day exemption does not apply to high capacity guns. See Commonwealth v. Cornelius.

Commonwealth v. Cornelius, 78 Mass. App. Ct. 413 | Casetext Search + Citator

Read Commonwealth v. Cornelius, 78 Mass. App. Ct. 413, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

"This court concluded that new residents of the Commonwealth and certain returning residents, by satisfying the firearm identification card exception set forth in G.L. c. 140, § 129C( j), thereby satisfy the firearm possession exception set forth in G.L. c. 269, § 10(a)(4), for a limited period of time, without also having to comply with the provisions of G.L. c. 140, § 131G (relating to nonresidents) [416-419]; however, satisfaction of the firearm identification card exception in § 129C( j) does not provide a defense to a charge of violating G.L. c. 269, § 10(m), which prohibits the possession of a large capacity weapon without a license [419-420]."

 

[pastera]

Incorrect.

The Supreme Marsupial Court ruled that the 60 day exemption does not apply to high capacity guns. See Commonwealth v. Cornelius.

Commonwealth v. Cornelius, 78 Mass. App. Ct. 413 | Casetext Search + Citator

Read Commonwealth v. Cornelius, 78 Mass. App. Ct. 413, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

"This court concluded that new residents of the Commonwealth and certain returning residents, by satisfying the firearm identification card exception set forth in G.L. c. 140, § 129C( j), thereby satisfy the firearm possession exception set forth in G.L. c. 269, § 10(a)(4), for a limited period of time, without also having to comply with the provisions of G.L. c. 140, § 131G (relating to nonresidents) [416-419]; however, satisfaction of the firearm identification card exception in § 129C( j) does not provide a defense to a charge of violating G.L. c. 269, § 10(m), which prohibits the possession of a large capacity weapon without a license [419-420]."

Then meet and take possession
Bloody communist SJC

 

[Ta572]

She can bring the gun into Mass as part of her move.
Then transfer at an FFL within 60 days.
No post ban standard mags though.

Thank you!

 

[pastera]

Thank you!

Check @Rob Boudrie 's response - there is SJC case law stating that large capacity firearms are not covered by the move in exemption.
You can meet her at the border (or airport) and take possession then transfer when convenient

 

[LuvDog]

Unless it's a rare 92, tell her to just sell it in Kansas.

 

[headednorth]

As already stated, if her reason for coming to MA is within commuting distance of the NH border, a residence there would be the simplest way to go about it along with a better overall quality of life

 

[Rob Boudrie]

Bad cases make bad law. The Cornelius case involved someone who had a girlfriend on a college campus; the relationship was sour enough for her to rat him out; he obviously had the guns in his car on campus; and his claim that his trip was part of a "moving to MA" appeared that it may have been a fabrication in order to use the new resident defense. In other words, someone the court perceived as a "bad guy". There is no way to know how it would have turned out if this was a middle aged guy caught with the same guns/ammo in a house he had bought less than 60 days prior.

Under a more reasonable interpretation the rule of lenity would apply. As described in rule of lenity that rule states that "The rule of lenity is a principle used in criminal law, also called rule of strict construction, stating that when a law is unclear or ambiguous, the court should apply it in the way that is most favorable to the defendant, or to construe the statute against the state." That was obviously not done in this case, as there is nothing in the 60 day exemption law that would lead a reasonable reader to conclude it applies only to low capacity guns.

 

[Atlantis]

So, I have a friend moving in state from RI. When asked, I parroted the 60 day thing thinking they were good to go. If I read this right, if they have a high capacity, they can not bring in/possess until they have the Class A LTC? But if I took possession in interim, it would be kosher?

 

[scarlett.penelope]

I am sure this question has been asked somewhere before, but I’d really appreciate some help!

My friend has a Beretta 92 and is moving to Massachusetts from Kansas. She doesn’t want to go through everything to get an LTC or FID. I live in Mass already and have an LTC. My questions are:

- Can she just give me the handgun when she has moved here?

- Can I register it through the gun portal (with her as the seller in Kansas)?

- Do we have to do that transfer through an FFL?

- If we do have to use an FFL, can we do it person-to-person or does she have to ship it from Kansas ahead of time check out Flytte bedrift?

1. No, your friend cannot simply give you the handgun when she moves to Massachusetts.
2. No, you cannot register it through the gun portal with her listed as the seller in Kansas.
3. Yes, the transfer must go through an FFL dealer.
4. If you go through an FFL, your friend can bring the handgun with her when she moves, and the transfer can be done in person.

 

[Shevchenko]

op and their friend are going to jail

 

[pastera]

So, I have a friend moving in state from RI. When asked, I parroted the 60 day thing thinking they were good to go. If I read this right, if they have a high capacity, they can not bring in/possess until they have the Class A LTC? But if I took possession in interim, it would be kosher?

Yes, meet the person in RI and take possession of it locked and stored per RI law.
Put it in your safe
Hand it back to the friend upon presentation of LTC
No need to register since the guns moved into the state with the owner (your temporary storage does not constitute a transfer).

 

[Rob Boudrie]

No need to register since the guns moved into the state with the owner (your temporary storage does not constitute a transfer).

It does for federal purposes and technically this is acquiring a handgun out of state without an FFL or benefit of the inheritance exemption.

 

[pastera]

It does for federal purposes and technically this is acquiring a handgun out of state without an FFL or benefit of the inheritance exemption.

If the person is moving into the state and stores the handgun in your safe, that constitutes a transfer?

 

[TZCHRIS]

I'm not reading your question, but I ask, WHY..............................? I hear, work, family, convenience, blah blah blah, and then complaints for the rest of your life.
I bailed long time ago, this is my front yard! I barely call people back "home" because I'm tired of listening to them complain about MA.
Run far away! Its way cool out here