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NH resident selling to MA resident
- Thread starter Invictvs
- Start date
You go thru a NH FFL or you go to the Fed Pen for an all expense paid trip. Seriously.
At that point you can also skip the eFA-10 too. Not a complete rifle at that point.
Yup. The Gun Control Act of 1968. Totally unconstitutional but still in effect.
Remember, there's no registration of firearms in MA. The only registration in MA is for transfers of firearms. Yeah, I know...
mikelawtown
NES Member
I was told by a worker at a NH FFL that since i'm a Mass Rez and he being a NH rez that we could just do a Bill of sale. I didnt go that route...
FrugalFannie
NES Member
You could do that but you may also wind up in jail for a long time since it's illegal. See previous posts.
mikelawtown
NES Member
Thanks i'm glad i didnt listen to him and do things the way i thought.
Just recently purchased a rifle private sale from a friend.......he lives 8 miles from me but because there is a state border between us I end up pending $35 on a transfer fee at a dealer. Such stupid shit we deal with. But after doing the transfer.......I am realizing that the FFLs probably like this federal law......he made $35 off me for making a phone call!
Golddiggie
NES Member
Who charges $35 for a single transfer?? Out the FFL!!
Who charges only $20 buck In MA ?
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$35 is average for a transfer in MA.....and he is on my way home from work so it was a good deal for me. There are other places that charge $25 - $30 but I would have spent the money saved in gas and time......and my time is valuable to me. I am not a moron! So.....nobody to "out" here!!!!
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slap shot
NES Member
Awesome that is not far from me at all. Thanks a bunch.
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dcmdon
NES Member
I guess you don't really understand what an FFL does. I'll type slow, so you can follow along.
$35 is cheap.
he didn't just make a phone call. He made the call.
Then he did a 3 page form 4473 with you.
Then he booked it in. Then he booked it out.
I can only speak to CT where with the state DPS3 and DPS67 as well as the ATF4473, NICS check, booking it in, then booking it out,, it ends up being 3/4 of a man hours worth of time. I believe the FA10 is quicker than the DPS3 but you get my point.
Its not a phone call and done.
Well the only point I get is you are kind of being a bit of a jackass in your second sentence there. Yes I know he has to book it as well. Took him about a total of 20 minutes.........and btw the guy I went it I sort of consider a friend.....he's good people. My point stands I think......they get quite a bit of business that doesn't even require inventory or marketing.......because of the federal law. Please don't insult me again. Thank you.
Mesatchornug
NES Member
IIRC with a long gun, either state should be ok. With a handgun, it must be the buyer's state.
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OK I though both long and handguns had to be a the buyers states ffl. Doesn't matter anyway the place I used is on my way home.....litteraly derive by it every day. But good to know for future reference.
Just remember that if you're buying any gun from a non-resident and doing the transfer at a MA FFL, that if your seller doesn't have a MA Non-Res LTC you should meet them at the border (on the NH side) and take possession of the gun(s). Then you both drive to the MA FFL and get it done.
For long guns I'd just do it all at a NH FFL.
dcmdon
NES Member
My point is that you don't seem to understand the law and what is required of the dealer. It doesn't take 20 minutes, when you figure the things that happen after you leave. If you figure in audits and quarterly reviews of the A&D book it adds more time.
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Here you show that you don't really know the law.
I was just trying to provide information, not insult you.
Cool then next time explain it that way......without the insult like in your first quoted response......you know.....the part about typing slow you imply that I am an idiot that can't ****ing read. The reason I don't know every law is why I frequent the forum here.....to learn. And enjoy learning from other people UNLIKE yourself that chose to start off a reply with an insult to my intelligence...... Mesatchornug responded to my lack of knowledge and I learned something....... without the snyde remark like you did........ so you kind of prove my point by quoting him. So....there you have it. Moving on though:
So are you saying that the dealers would be happier if that federal law didn't exist about private sales across state lines? If that regulation didn't exist they would get no part of those sales at all. The FFLs get a chunk of the private sales I'm not faulting them for it........something tells me they are making some profit from it......which is all good. So what do you think? Do the FFLS enjoy benefits from that law or not?
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NOTE: I am not a gun dealer, never have been and have never worked for one. I do hold a C&R FFL which is barely relevant to what I'm about to state.
To the above:
- There is a "risk" inherent to every transaction, as FFLs are subject to audit by Feds (and maybe state). ANY error, not spelling something out completely, etc. can have repercussions including fines and loss of FFL/state license.
- As Don says, there is always paperwork after the transaction that you and I do not see and there is a time deadline to get it done to meet Fed laws/rules (this can be a real issue for busy shops).
- The MA dealer also has to file MA paperwork, purchase and maintain a computer system that is "authorized" by FRB to meet their requirements, etc.
- A business has an intent to make money for work performed, so a profit margin must be in the calculation as well.
Now I'll relate it to my business as a Constable. I frequently am requested to serve legal notices to 2 or more people at the same address. Some expect me to do the 2nd, 3rd, etc. notice for free since I'm already there.
- The pre-work in my case prior to going out and serving the paper probably averages 15 minutes and the post-work takes another 10-15 minutes (there are incremental increases for additional papers/people served) plus a trip to the USPO to Mail. Client never sees this. For out-of-state papers the post work adds an additional 30 minutes (and mileage) getting it Notarized at the bank.
- I have a legal liability for every paper I serve, up to the amount of the actual lawsuit. So each Affidavit of Service filled out carries full liability. Much like the BATFE audits, even if I do everything right, if someone questions something I can be Subpoenaed to testify, thus wasting a day of my time with no payment (reality as Witness Fee is a joke, $6/day for MA courts).
- Although I reduce my fee for those 2nd, 3rd, etc. papers, I can't afford to do them for free. If you are transferring multiple guns, it is fair to ask for a reduced fee (some will do this) for the additional guns on the same basis.
NOT legally required assuming a couple of things, there is an exemption in MGL for NRs wrt SOME long guns (ONLY):
- Long gun MUST be a low-capacity long gun.
- Person must be legal to possess said gun in his home state.
- Read MGL C. 140 S. 129C (p) for the future.
FWIW I was not bitching about the fee charged by the dealer. He gets a piece of if and has to charge what he does to make a profit......I have no issue with that at all. My original post was really complaining the law even exists that makes me bring the rifle to an FFL in the first place.
LENs you are in a business due partly from regulations that require a constible (from what I know about Constibles anyway). What do you think about the FFLs opinion of the law requiring an FFL be involved in an interstate private sale? Do they like it and benefit from it similar to your business?
Disclaimer::::::not saying an FFL or you as a constable are "leeching" from a system........just seriously asking the question for educational purposes.
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Many of us have jobs that are somewhat based on some law/regulation mandating something. So someone has to fill that need, whether it is QC in a manufacturing plant, processing/approving human medical research studies (which my Wife does for a hospital conglomerate) that meet FDA requirements or a gun dealer processing a transaction.
I got into shooting in the mid-1970s and the laws wrt interstate transfer of guns was firmly entrenched (actually much worse than today) with FFLs being required. I've never researched the back-story on when this all took place (might have been with GCA 1968 after all the assassinations or perhaps even earlier, don't know).
Many dealers indeed make significant money due to this. On the other hand there are some dealers who will refuse to do interstate transactions either due to greed (buy it from me) or ignorance (tons of that in every gun shop) . . . no excuse for this as BATFE sends every FFL a book on all states/cities gun laws that impact sales (only, doesn't cover other aspects of gun ownership). I'll bet not 1 in 10 dealers ever opens up the book at all (or runs the CD).
Realizing in Free America a DL is all the ID you need for a FTF in-state transaction and that is NO PROOF at all that the person isn't a PP, I don't understand the logic of someone being trusted merely since they reside in the same state vs. someone in a different state. A partial resolve that could be a reasonable compromise (IMNSHO) should be showing a valid LTC/CCW from any state to prove non-PP status for FTF between residents of different states, but I never expect to see this happen. Hell we can't get handgun transfers from an FFL in a different state made legal! Now that everything is computerized a NICS check in your state or in another state will have the same exact results, so there is no public safety issues really.
Nope. MA residents can buy long guns in any free state, or accept transfers in any free state of rifles/shotguns. The things you can't get receive at an FFL outside of your state of residency, are Handguns, lower receivers, and PGO Shotguns. (pistol grip only).
-Mike
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