Obtaining standing to challenge healey ban in court

[thefreepster]

Looking for some thoughts on the legality of obtaining standing for a lawsuit against the healey ban without being arrested. Process goes like this: legally purchase a "grey area" firearm out of state and leave it stored legally in that state. Then file a FA-10 for that firearm in mass with the intent of bringing it into the state. If the FA-10 is rejected or the cops show up...you have broken no law and now have grounds for a suit. If the form is accepted and the firearm is registered, the state has essentially sanctioned the possession as legal. Any thoughts on the practicality/legality of this?

 

[robjax]

if you buy a firearm from out of state doesn't it have to be transferred to a Mass FFL to finish the transfer? And if so, wouldn't they be jeopardizing their business and potentially their freedom if they submit the form? IANAL so I could be missing something...

 

[Drix]

I'd leave it to comm2a. There's been a few people who have registered lowers recently without issue, but the .22 loophole only disappeared on Monday.

 

[thefreepster]

if you buy a firearm from out of state doesn't it have to be transferred to a Mass FFL to finish the transfer? And if so, wouldn't they be jeopardizing their business and potentially their freedom if they submit the form? IANAL so I could be missing something...

Not longarms. The firearm needs to be "legal in the state of residence and purchase" but that is exactly what we are trying to establish.

 

[swagelin]

1. IMHO the interest is to stop stores from selling these (which has been done)
2. IMHO the interest is not to make a case out of an individual
3. IMHO an out of state FFL will not sell a "grey area" item
4. By the time they're "at your house" and cannot find the item, what stops them from detaining you (here's proof on the FA-10 that you have such item), seizing all of your firearms, and jamming you up

IMHO when a case happens it will need to be cut and dry - a dealer in MA selling a questionable item. There are many examples where people may have items that aren't in the system (ie: moving to MA). How would any of those people be able to prove they owned such item prior to the latest advisement?

 

[jpm]

Not longarms. The firearm needs to be "legal in the state of residence and purchase" but that is exactly what we are trying to establish.

yes and if you buy your grey area longarm via an out of state FFL and gain standing, you're likely to f*ck over that FFL since he would have sold you something that was apparently not 100% legal in your state of residence. So if you want to screw over an FFL, that's a good way to do it.

 

[MAJoe]

Verify that by filing an FA10 for a firearm that never enters the state, you are not falsifying an FA10 which may be a crime. Further, any long gun purchased out of state must be legal in your home state. If you don't have dual residency where the grey market firearm is legal, be weary of running afoul of federal law.

Two things to consider with this plan.

 

[jdubois]

Verify that by filing an FA10 for a firearm that never enters the state, you are not falsifying an FA10 which may be a crime.

This. Now that you have announced your intentions here on a public forum, filing an FA10 either admits in-state possession or admits filing a false record. Lose, lose.

 

[Suppressor]

It's not worth going to prison for. If you are that interested in not living in your house anymore, just move to NH, then you can buy whatever you want, without the inconvenience or expense of a long prison sentence.

 

[whatluck]

Don't. Such endeavors shouldn't be pursued as a defendant. Way better to let lawyers hand pick a test case.

 

[thefreepster]

Anyone know if filing a FA-10 for an out of state firearm is illegal?

 

[thefreepster]

1. IMHO the interest is to stop stores from selling these (which has been done)
2. IMHO the interest is not to make a case out of an individual
3. IMHO an out of state FFL will not sell a "grey area" item
4. By the time they're "at your house" and cannot find the item, what stops them from detaining you (here's proof on the FA-10 that you have such item), seizing all of your firearms, and jamming you up

IMHO when a case happens it will need to be cut and dry - a dealer in MA selling a questionable item. There are many examples where people may have items that aren't in the system (ie: moving to MA). How would any of those people be able to prove they owned such item prior to the latest advisement?

1- agree 100%
2- agree 100%....that's why we force their hand
3- many of them won't....but there are a lot of them
4- possibly...simply then offer to show them where it is, out of state. What will be the charge?
last point- good luck finding a dealer in mass willing to do this if out of state dealers won't

 

[Rob Boudrie]

4- possibly...simply then offer to show them where it is, out of state. What will be the charge?

Obtaining a long gun out of state that is not legal in your state of residence is a federal offense even if the gun is not transported back to your state of residence.

 

[thefreepster]

This. Now that you have announced your intentions here on a public forum, filing an FA10 either admits in-state possession or admits filing a false record. Lose, lose.

This could be a good point...but do we know if filing an FA-10 before bringing something in state is illegal?

 

[Boris]

I doubt that Maura cares about going after anyone, you do this, nothing will happen, may never happen or won't happen for years, then cops shoot your dog, shoot you, call you a tea party raysis extremist with an "arsenal" and you can argue your case to St. Peter.

 

[M1911]

Please stop right there. Don't do this on your own. Comm2a, the NRA, GOAL, and/or the NSSF are going to file a lawsuit. You will have to be patient as they need to take the time to dot the "I"s and cross the "t"s.

Please don't start an independent legal action. Not only would the chances of success be poor, but there is a very real chance that your loss would set a precedent that might make it difficult or impossible for Comm2a/GOAL/NSSF/NRA to proceed with their lawsuit.

Please, just stop. If you are sure you have a great way to challenge Healey in court, please contact Comm2a directly and do NOT talk about it here on NES.


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