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Long guns are mailable too.If he didn't legally own the gun . . . he MUST use an FFL . . . his Father (assuming he was the owner) can legally ship it from UPS/FedEx depot to the Son's CA FFL and the Son can do the transfer paperwork back in CA.
Even if he could, he'd be committing a federal felony of a private sale across state lines.And owning and possessing are different. Can you not legally possess a gun in MA that you do not own? So if he doesn't legally own the gun because transfer paperwork was never filled out, then the traveling exemption doesn't apply and he cannot possess it even for the brief time that he is traveling from my car to the check-in desk?
Jose, but section 129C(h) exempts people traveling from the requirement of a license for possessing.
Why do you think two FFLs are needed?There's nothing to flesh out here. If he's not the owner there's only 1 legal way for that shotgun to go from MA to CA.
Ship from MA FFL, To CA FFL
There's nothing to flesh out here. If he's not the owner there's only 1 legal way for that shotgun to go from MA to CA.
Ship from MA FFL, To CA FFL
Len, Really?
Whether he ships it to an FFL or his dad does, does it really matter?
Either way it has to go to a CA FFL, and that was the point I was trying to make, that he could not personally carry a firearm that does not belong to him across state lines.
There is no error in that statement.
If he does already own the gun, then his father would have to ship it to an FFL in California in order to legally transfer ownership to him.
Ken
If my friend does own the gun, then it would also be OK for his father to ship it directly to him as opposed to him shipping it to himself, right?
As RKG said FOPA specifies that you may legally possess the firearm in both the origin and destination. Short of a lay-over in MA, I don't see anyway FOPA lets you get to the check-in counter without an FID or non-resident LTC. If a friend goes with you to the airport with an FID/LTC, you have the issue of checking luggage belonging to someone else.Alright -- thanks to all for the info. The question that, I think, has been touched on but I don't think fully addressed is this: assuming friend is the bona fide owner of the gun but does not have an FID, can he be covered by FOPA while "traveling" from MA to CA? FOPA requires that he be allowed to possess the gun on both ends of his trip. At the destination (CA) he is covered and at the departure point (MA) the issue is whether the ch 140 section 129C(h) exemption for "traveling" covers him. If he is allowed to possess the gun in MA while traveling (assuming he meets that requirement) and is thereby exempted from the MA possession (licensing) requirements, then isn't he good on the MA end of the trip for FOPA purposes?
My apologies if this was answered somewhere else in the thread but I don't think it conclusively has been.
Thanks again to all.
FOPA protects you for "Travel" which is very loosely defined as "passing through" in other words, driving through the state on the highway, with stops to eat, get fuel, etc..
Under MA law you are permitted to travel into and within the state if it's for a hunting trip (granted you have a MA hunting license), shooting activity such as a competition, or for a collectors association meeting. (we recommend that all firearms are secured in a locked container, unloaded, with no ammunition, and not accessible from the drivers seat. (don't lock in glove box or console) Bear in mind that you must be licensed in your home state for this to apply.
Basically you can not travel with the shotgun in MA unless it meets one of the above conditions.
Getting the shotgun home. Unless you were recently willed the gun, you would be breaking federal law by taking it across state lines, it would need to be shipped to an FFL in your home state, and picked up there.
Len, your advice is not correct, he can not cross state lines with a firearm, it HAS to go from FFL to FFL if it does not belong to him.
Alright -- thanks to all for the info. The question that, I think, has been touched on but I don't think fully addressed is this: assuming friend is the bona fide owner of the gun but does not have an FID, can he be covered by FOPA while "traveling" from MA to CA? FOPA requires that he be allowed to possess the gun on both ends of his trip. At the destination (CA) he is covered and at the departure point (MA) the issue is whether the ch 140 section 129C(h) exemption for "traveling" covers him. If he is allowed to possess the gun in MA while traveling (assuming he meets that requirement) and is thereby exempted from the MA possession (licensing) requirements, then isn't he good on the MA end of the trip for FOPA purposes?
My apologies if this was answered somewhere else in the thread but I don't think it conclusively has been.
Thanks again to all.
Purpose for the Exemption: This exemption only allows certain nonresidents to carry a firearm in or through the state for purposes of competition, attending a collectors’ show, or hunting. It does not allow carry for personal protection.
The statute that I linked to is the "law book." no such qualification