Out-of-State sales

[ephemeratta]

I've searched and read many threads, most of them related to purchasing, and I want to make sure I'm clear on the process and state requirements/definitions regarding sales.
I should qualify this by stating I'm out of FTF's for this year and I have four FTF's set up for January, so, I'll immediately be out of FTF's for next year.

- A buyer on gunbroker wins my longgun auction.
- Sends me a copy of their FFL's License and payment
- FFL is verified on BATFE's site.

Here's where I feel like I'm reading a choose your own adventure novel.

- Can my longgun be shipped UPS or USPS directly to buyer's verified FFL or do I need to go through a MA FFL because I'm out of FTF's?

- If I ship direct to out-of-state dealer without MA FFL my assumption is I use an FA-10 to register the sale, true?

- Handgun sales to out-of-state FFL's still must go throuh MA FFL by fed law, true?

- Any transaction through a MA FFL will not involve my having to file an FA-10 as the MA FFL will do this, true?

I apologize but I'm becoming paranoid about making a misstep in Mass. And want to make sure I'm clear.
My phone calls have resulted in multiple answers and NES seemed to be the best place to gain clarity.

I'm just trying to clean out my safe and stay on the right side of the laws and reg's.

Any and all help is greatly appreciated.

 

[Franco]

.

 

[drgrant]

I
- Can my longgun be shipped UPS or USPS directly to buyer's verified FFL or do I need to go through a MA FFL because I'm out of FTF's?

If the transfer touches a dealer (in MA or otherwise) it doesn't count as an FTF. You can do this as long as the remote dealer is willing to take non FFL shipments.

- If I ship direct to out-of-state dealer without MA FFL my assumption is I use an FA-10 to register the sale, true?

No! No FA-10 is required. EVER- for any transaction going outbound to or via a dealer.

- Handgun sales to out-of-state FFL's still must go throuh MA FFL by fed law, true?

No. These can be sent direct, too, although you will not be able to use USPS to ship the handgun, use UPS or FEDEX. This assumes the destination FFL will accept direct shipments, of course. You may actually be able to do this cheaper by using an FFL, if you have a good relationship with them, because then they could
send it out priority mail instead... but this isn't a legal thing, just a matter of expense. (It's also worth noting that outbound transfers are not regulated by MA
compliance BS, because the gun is headed out of state, not in, so you shouldn't need to worry about that, either. )

- Any transaction through a MA FFL will not involve my having to file an FA-10 as the MA FFL will do this, true?

If it's outbound no FA-10 will get filed, as no transfer is occuring IN MA.
Regardless, the FA-10 is not your problem if it touches an MA dealer, even if it was going to another MA resident. It's the dealer's problem. (The FA-10 would be between the dealer and the recipient of the transfer). You'd never even see the FA-10, because it only has the buyers/dealers info on it.

FA-10s are only required in a few circumstances:

-When you bring a gun into the state that's not a move-in gun (EG, a rifle/shotgun bought from a dealer out of state, a gun you had at a vacation house, a gun you inherited via interstate succession (eg, say your uncle dies and wills you his guns ), When you acquire guns as a C+R, or from CMP, etc.

-When an MA dealer sells you a gun. (That's his problem though, not yours- the onus is on HIM to report the transfer!)

-When you perform an FTF in MA between two appropriately licensed parties. (FWIW, The prevailing wisdom here is that the seller is responsible for the act of filing. )

-When you build a new firearm in MA (eg, you're building an AR-15, a 1911, up off of a bare frame, etc) or similar circumstances. (eg, bare frames are not
firearms under MGL, only things that actually can fire a shot are, so if you build such a device, you must FA-10 it upon completion. )

-Mike

 

[Scrivener]

- Can my long gun be shipped UPS or USPS directly to buyer's verified FFL or do I need to go through a MA FFL because I'm out of FTF's?

You do not need a MA FFL. The shipment MUST be to the FFL in the buyer's state.

- If I ship direct to out-of-state dealer without MA FFL my assumption is I use an FA-10 to register the sale, true?

Completely FALSE. FA-10's are irrelevant if your sale is made out of state or through an FFL.

- Handgun sales to out-of-state FFL's still must go throuh MA FFL by fed law, true?

FALSE. Federal law requires a handgun sale to be through an FFL in the BUYER'S state.

- Any transaction through a MA FFL will not involve my having to file an FA-10 as the MA FFL will do this, true?

FA-10's are for registration and PRIVATE sales.

 

[ephemeratta]

Thanks fellas for taking time out to help clear these issues up for me.
I sincerely appreciate your help!