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Out of State Person to Person Transfer Question

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flypadre

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My understanding of MA law is that with an ltc-a I can do 4 private firearms transfers per year. I have a family member in Washington State that would like to give me a handgun, but the handgun is not Mass compliant and does not fall under the AWB. Because it is not MA compliant I would assume that MA dealers would not accept the gun delivered to them and that I would need to personally pick the gun up. Is my thinking correct here?
Could I go to Washington state, pick up the firearm and fly back with it and fill out the E-FA-10 form when I get back?
Any info would be appreciated and if anyone has any links to the laws I would love to see that as well.
Thanks
Sean
 
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Welcome to NES!

flypadre said:
Could I go to Washington state, pick up the firearm and fly back with it and fill out the E-FA-10 form when I get back?
Click to expand...

No.

Federal law dictates that transfers of handguns between residents of different states must be effected by a FFL in the transferee's state of residence.

(SEE: 18 USC 922(a)(3) and (a)(5))

rlee said:
An FFL in the recipients state.
Click to expand...

Only relative to handguns.
 
OK, so this puts me in a bind in other ways. I've had my firearms held by my parents who reside in Washington for the last couple of years because of I was living on a college campus. So, if I understand correctly, because I did not bring them into MA when I first moved, I now need to fill out the E-FA-10, and for my handguns I need to have them sent to someone with an FFL. But there isn't a person holding an FFL that will receive my Non MA compliant handguns? So, basically I can't get my handguns? If this is the case this is seriously depressing.
 
flypadre said:
OK, so this puts me in a bind in other ways. I've had my firearms held by my parents who reside in Washington for the last couple of years because of I was living on a college campus. So, if I understand correctly, because I did not bring them into MA when I first moved, I now need to fill out the E-FA-10, and for my handguns I need to have them sent to someone with an FFL. But there isn't a person holding an FFL that will receive my Non MA compliant handguns? So, basically I can't get my handguns? If this is the case this is seriously depressing.
Click to expand...

For the guns that are yours, fly home, put them in an airline approved case, fly back with them, then fill out the EFA-10. If they were yours, then your parents holding them for you was not a transfer -- they were, and still are, yours. Go get them.
 
flypadre said:
OK, so this puts me in a bind in other ways. I've had my firearms held by my parents who reside in Washington for the last couple of years because of I was living on a college campus. So, if I understand correctly, because I did not bring them into MA when I first moved, I now need to fill out the E-FA-10, and for my handguns I need to have them sent to someone with an FFL.
Click to expand...

This is a completely different situation than your OP, as no transfer of ownership is occurring.

Any firearms that you currently own can be brought into MA without involving a FFL, providing both the firearms and any magazines therefor are AWB compliant and you possess the requisite license.

A FA-10 is required for each firearm within seven days of entering the state. Check "Registration" and complete the form, leaving the "Seller" section blank.
 
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OK, that is good to hear with regards to my own firearms, but with regards to those that I do not currently own the law seems impossible to follow. Private sales of handguns in WA do not need to be registered with the state or anyone else according to WA law. How does MA know what's mine and what isn't mine? I just want to make it clear that I am not suggesting that I would break any law, I just want to understand the law, if that's possible!

I wanted to edit my post, because I believe that I forgot something. Although there is no need to file paperwork in WA, I believe that is only between residents of the state. I'm guessing that this isn't the case as noted above regarding transfer between persons residing in different states.

I think that I am getting this now.
 
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You are missing a very important point. FTF transfers (no FFL involved) between RESIDENTS of 2 different states is a FEDERAL OFFENSE and if caught, you will do time in a Federal Penitentiary and forever be a Prohibited Person across the entire US. And yes, the Feds have sent people away for this.
 
LenS said:
You are missing a very important point. FTF transfers (no FFL involved) between RESIDENTS of 2 different states is a FEDERAL OFFENSE and if caught, you will do time in a Federal Penitentiary and forever be a Prohibited Person across the entire US. And yes, the Feds have sent people away for this.
Click to expand...

Vacation at Club Fed!
 
It is pretty simple, actually.

As Len and others have pointed out, face to face transfers across state lines are against federal law -- they must go through an FFL. For a handgun, they must go through an FFL in the buyer's state of residence. Since MA state laws limit the handguns that a dealer can transfer, there are some handguns that you simply can't buy. Yes, that sucks.

On the other hand, for handguns that you already own but are out of state, bringing them in state is not a transfer -- they are still yours.
 
LenS said:
You are missing a very important point. FTF transfers (no FFL involved) between RESIDENTS of 2 different states is a FEDERAL OFFENSE and if caught, you will do time in a Federal Penitentiary and forever be a Prohibited Person across the entire US. And yes, the Feds have sent people away for this.
Click to expand...
This is a very good point not to miss! Thanks for all the information everyone has given me. I appreciate the help.
 
flypadre said:
OK, so this puts me in a bind in other ways. I've had my firearms held by my parents who reside in Washington for the last couple of years because of I was living on a college campus. So, if I understand correctly, because I did not bring them into MA when I first moved, I now need to fill out the E-FA-10, and for my handguns I need to have them sent to someone with an FFL. But there isn't a person holding an FFL that will receive my Non MA compliant handguns? So, basically I can't get my handguns? If this is the case this is seriously depressing.
Click to expand...

No.

If you OWN the firearms and someone was merely holding them for you then that is completely different.

Get your story straight.
 
LenS said:
You are missing a very important point. FTF transfers (no FFL involved) between RESIDENTS of 2 different states is a FEDERAL OFFENSE and if caught, you will do time in a Federal Penitentiary and forever be a Prohibited Person across the entire US. And yes, the Feds have sent people away for this.
Click to expand...


[video=youtube;xPcql4]https://www.youtube.com/watch?v=xPcql4****0[/video]
 
Geepers, now I maybe more confused. When I lived in Illinois years ago (before college) I had guns that I bet weren't MA compliant. I am understanding that I could go to Il and get my guns, but I am not sure if I can do that if the guns aren't MA compliant. I guess this is all academic if I can prove they are old than 1998. Once I get them here, I have to fill out a FA-10 leaving the seller blank because I am transferring my guns to me. Have I got it?
 
Somac8 said:
Geepers, now I maybe more confused. When I lived in Illinois years ago (before college) I had guns that I bet weren't MA compliant. I am understanding that I could go to Il and get my guns, but I am not sure if I can do that if the guns aren't MA compliant. I guess this is all academic if I can prove they are old than 1998. Once I get them here, I have to fill out a FA-10 leaving the seller blank because I am transferring my guns to me. Have I got it?
Click to expand...

No, sadly you are confused . . . but that is easy with MA gun laws, they are designed to confuse and written by morons that couldn't win a medal if they were the only participant!

"MA-compliant" (other than AWB & post-ban hi-cap mag issues) ONLY apply to "purveyors of handguns" (translation: MA Dealers) and NOT ownership or private transfers under current laws.

If you OWN them, they are your property already and you are NOT "transferring" anything, you are merely moving your personal property between 2 locations. You do NOT have to prove when/where you bought them or how old they are to anyone!

You DO have to file FA-10s on each one WHEN you bring them into MA (w/in 7 days) as "Registration" . . . ONLY fill out info on gun description and your info, that is all. I suggest using the e-FA-10 for this, but CAUTION: IGNORE THEIR INSTRUCTIONS and do merely as I stated in prior sentence . . . it will let you bypass the gun source info (even though it implies otherwise in their instructions). [You are merely registering their presence in MA since you didn't move them in with you when you moved to the state. This is required by MGLs.]

You might consider taking my MA Gun Laws seminar (see URL below), as I'm sure that you are also probably confused by much of the rest of our gun laws and my seminar is designed to add a lot of clarity to those things far above and beyond what is supposed to be taught in a basic course required to get your MA LTC.
 
LenS is very correct.

Just to emphasize his point though, MA compliance as it applies to dealer sales (e.g. the handgun approved lists) do not apply to folks like yourself entering the state with your own property. However, the Assault Weapon Ban as it existed federally still exists in Mass so DO NOT BRING firearms with assault weapon features or magazines larger than 10 rounds made after 1994 into Mass.
 
Everyone has given great answers. The only remaining point to clarify is the limit on personal transfers. As others stated, you can only do a FTF transaction with another resident of your state who is legal to possess the firearm. What you also may not realize is that you are limited to 4 privates transfers as the seller (I'm assuming this was unclear since in the original question you were to be the "transferee"). You can buy as many as you want.
 
TBalls said:
Everyone has given great answers. The only remaining point to clarify is the limit on personal transfers. As others stated, you can only do a FTF transaction with another resident of your state who is legal to possess the firearm. What you also may not realize is that you are limited to 4 privates transfers as the seller (I'm assuming this was unclear since in the original question you were to be the "transferee"). You can buy as many as you want.
Click to expand...

true but to clarify your clarification the OP is not completing a transaction, as either the seller or buyer, he is registering the firearms. There is no limit on registrations.
 

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