Out of State Transfers

CrackPot

NES Member
Rating - 100%
66   0   0
Joined
Aug 21, 2011
Messages
4,852
Likes
7,764
Location
Worcester County
a FFL may receive firearms from both licensed parties (licensed means federal firearms license) and from unlicensed parties. Some FFLs will NOT accept firearms from out of state unlicensed parties as a matter of policy, not law.

If you are unlicensed and sending to an FFL, always include a photocopy of your drivers license.
 

AHM

NES Member
Rating - 0%
0   0   0
Joined
Dec 30, 2013
Messages
20,419
Likes
24,885
Location
Some caves off Route 40 past Groton
Everybody has a first post and there are probably 10's of thousands of lurkers that read here and don't post either because they're shy or fear the backlash if they say the wrong thing. Me, I'm shy.
4ico82.jpg

644
 
Last edited:

Taka

NES Member
Rating - 100%
4   0   0
Joined
Mar 30, 2009
Messages
1,777
Likes
787
I've been searching and this thread is as close as I could find.

If I want to purchase a pre-94 lower from an individual in NH and I live in Mass, can I FA10 it or do I need to have it shipped to an FFL?

Thanks in advance for your help.

643 more answers to go.
 

drgrant

Moderator
NES Member
Rating - 100%
61   0   0
Joined
Mar 21, 2006
Messages
82,829
Likes
70,555
I've been searching and this thread is as close as I could find.

If I want to purchase a pre-94 lower from an individual in NH and I live in Mass, can I FA10 it or do I need to have it shipped to an FFL?

Thanks in advance for your help.

643 more answers to go.

Must go through MA FFL, period, end, full stop. If it was a complete rifle you could do it through MA or NH FFL assuming the NH FFL would move it to a MA citizen. (most will, if preban, some dont tho).
 

Taka

NES Member
Rating - 100%
4   0   0
Joined
Mar 30, 2009
Messages
1,777
Likes
787
Must go through MA FFL, period, end, full stop. If it was a complete rifle you could do it through MA or NH FFL assuming the NH FFL would move it to a MA citizen. (most will, if preban, some dont tho).
Thanks. It is in fact a full rifle, I thought only the lower counts. So I can go with the seller to an NH FFL and take care of it there, rather than having to deal with shipping it. Doesn't matter too much. I'd like to avoid having to have it shipped.
 
Rating - 100%
14   0   0
Joined
Aug 27, 2007
Messages
14,877
Likes
9,954
Location
Texas
Thanks. It is in fact a full rifle, I thought only the lower counts. So I can go with the seller to an NH FFL and take care of it there, rather than having to deal with shipping it. Doesn't matter too much. I'd like to avoid having to have it shipped.
just make sure the NH FFL isn't "too askeared" of Maura to make the transfer
 

jpm

Rating - 100%
88   0   0
Joined
Jan 9, 2013
Messages
7,395
Likes
4,176
Thanks. It is in fact a full rifle, I thought only the lower counts. So I can go with the seller to an NH FFL and take care of it there, rather than having to deal with shipping it. Doesn't matter too much. I'd like to avoid having to have it shipped.

Bring some evidence of it being pre-ban too so they don't need to try to figure that out. Here's a good resource:
 

drgrant

Moderator
NES Member
Rating - 100%
61   0   0
Joined
Mar 21, 2006
Messages
82,829
Likes
70,555
Thanks. It is in fact a full rifle, I thought only the lower counts. So I can go with the seller to an NH FFL and take care of it there, rather than having to deal with shipping it. Doesn't matter too much. I'd like to avoid having to have it shipped.

Lol, no this isn't true at all. You can't do an "other" or a "pistol" direct at a remote, but if its a full, intact, rifle? no problem.

Also what JPM says, or at least some kind of docs/bullshit that show pre94 provenance.

You need to clear this with the NH dealer beforehand. Several will do it no problem if its pre 94. Several wont give a shit at all. And several wont do it at all "because MA cooties" so theres
that.
 

CATI

NES Member
Rating - 100%
3   0   0
Joined
Jan 19, 2013
Messages
1,550
Likes
2,519
What is worst case that could happen to a NH dealer for not following MA laws?
Maybe a rifle/firearm that would be one thing. Maybe federal issues?

But how about the Southern NH FFL that ask for MA LTCs for AMMO?
As far as the ammo in NH you follow the constitution mostly, a MA resident is constitutionally allowed to carry in NH, but we are afraid to sell AMMO to a unlicensed MA person who could legally be carrying in NH?
 

drgrant

Moderator
NES Member
Rating - 100%
61   0   0
Joined
Mar 21, 2006
Messages
82,829
Likes
70,555
What is worst case that could happen to a NH dealer for not following MA laws?
Maybe a rifle/firearm that would be one thing. Maybe federal issues?

The ATF sometimes holds it as an axe over the head of the remote. One of the conditions of having an FFL is you're supposed to, at least in regards to guns, obey the bullshit laws of the state of residency. In practice? It likely doesnt matter much but the feds seem to enjoy making lots of noises about it. Even though Maura's AWB bullshit is not law the ATF tends to whine
about it. Like I said you need to check with the dealer. Some wont give two f***s about it. Others will want pre 94, etc.

But how about the Southern NH FFL that ask for MA LTCs for AMMO?
As far as the ammo in NH you follow the constitution mostly, a MA resident is constitutionally allowed to carry in NH, but we are afraid to sell AMMO to a unlicensed MA person who could legally be carrying in NH?

For the love of god, can we just not go there? That horse has been beaten to death and gone to the glue factory and back 48 times. Store polices have nothing to do with law. If you dont like that shop or shops, dont shop there. Thanks.
 

Taka

NES Member
Rating - 100%
4   0   0
Joined
Mar 30, 2009
Messages
1,777
Likes
787
Pants? We don't need no stinking pants.

Thank you all for your time.

In short. Yes complete rifle.

Have all receipt and documentation from original sale prior to 1994. Serial number also is correct for pre '94 manufacture.

So if we find a NH LGS that is okay with it, I'm sure I know one, than can do the paperwork there.
Then when I get back to mass I FA10? or is the paperwork at the FFL in NH all that needs to be done.

Thank you all again for you time. This state makes it so confusing intentionally so people just give up.
 

Len-2A Training

Instructor
Instructor
NES Life Member
NES Member
Rating - 98.6%
71   1   0
Joined
Feb 26, 2005
Messages
54,917
Likes
15,754
Location
NH
Pants? We don't need no stinking pants.

Thank you all for your time.

In short. Yes complete rifle.

Have all receipt and documentation from original sale prior to 1994. Serial number also is correct for pre '94 manufacture.

So if we find a NH LGS that is okay with it, I'm sure I know one, than can do the paperwork there.
Then when I get back to mass I FA10? or is the paperwork at the FFL in NH all that needs to be done.

Thank you all again for you time. This state makes it so confusing intentionally so people just give up.
eFA-10 it as Registration, NO info on where you got it, within 7 days of bringing it across the barb-wire and you are done.

Enjoy.
 

CrackPot

NES Member
Rating - 100%
66   0   0
Joined
Aug 21, 2011
Messages
4,852
Likes
7,764
Location
Worcester County
eFA-10 it as Registration, NO info on where you got it, within 7 days of bringing it across the barb-wire and you are done.

Enjoy.
How does the state know when it crossed state lines?
If you disassemble it in NH and bring it to MA in pieces what is there to register?
If you assemble to use but store disassembled, what/when do you register?
Has anyone ever been prosecuted for failure to register and how did they prove it?
If you forget to register within 7 days, does Haynes vs United States (1968) come into play: 5th amendment self-incrimination clause Haynes v. United States - Wikipedia

Asking all this for a friend
 

drgrant

Moderator
NES Member
Rating - 100%
61   0   0
Joined
Mar 21, 2006
Messages
82,829
Likes
70,555
How does the state know when it crossed state lines?
If you disassemble it in NH and bring it to MA in pieces what is there to register?
If you assemble to use but store disassembled, what/when do you register?
Has anyone ever been prosecuted for failure to register and how did they prove it?
If you forget to register within 7 days, does Haynes vs United States (1968) come into play: 5th amendment self-incrimination clause Haynes v. United States - Wikipedia

Asking all this for a friend

The only time I ever heard of this ever happening (and that was an attempt, not a successful prosecution, per se) was apparently one of Swatgig's clients had it happen to him. Sadly because he is no longer with us (RIP, Steve) we probably won't be able to hear what the final outcome of that case was. IIRC his client was charged with "failure to register/report" or somesuch. I got the impression that was not the only charge, though. Only god knows if it was just dropped or some deal was brokered, etc.

Part of the problem in legal circles in MA is that most of the dumbest laws never truly get tested to their limits in the state's court system to the point where a well crafted legal argument is made thats traceable. I think part of this is because they're dumb, and any attorney can fling reasonable person and other things against an insanely dumb law, the other part of it is because of the deal brokerage shit that goes on, its exceptionally rare for most garbage grade gun cases to even go to trial. A deal gets brokered, someone sucks for a CWOF, the prosecutor gets a thing loosely resembling a win, for political purposes, life goes on.... Then there's also problem #3- usually shit MA gun laws come in a bundle. Prosecution ends up
getting accosted and called out on the trash charges and the trash gets dropped and the one "easy to convict" charge remains. So tons of these types of charges likely happen, but
are dropped.


All this aside.... from my POV? It's not worth worrying about. Ever. If I was thinking about "things to worry about as an MA gun owner" the concept of "failure to register/report" would be absolutely dead last on the list.
 

CrackPot

NES Member
Rating - 100%
66   0   0
Joined
Aug 21, 2011
Messages
4,852
Likes
7,764
Location
Worcester County
The only time I ever heard of this ever happening (and that was an attempt, not a successful prosecution, per se) was apparently one of Swatgig's clients had it happen to him. Sadly because he is no longer with us (RIP, Steve) we probably won't be able to hear what the final outcome of that case was. IIRC his client was charged with "failure to register/report" or somesuch. I got the impression that was not the only charge, though. Only god knows if it was just dropped or some deal was brokered, etc.

Part of the problem in legal circles in MA is that most of the dumbest laws never truly get tested to their limits in the state's court system to the point where a well crafted legal argument is made thats traceable. I think part of this is because they're dumb, and any attorney can fling reasonable person and other things against an insanely dumb law, the other part of it is because of the deal brokerage shit that goes on, its exceptionally rare for most garbage grade gun cases to even go to trial. A deal gets brokered, someone sucks for a CWOF, the prosecutor gets a thing loosely resembling a win, for political purposes, life goes on.... Then there's also problem #3- usually shit MA gun laws come in a bundle. Prosecution ends up
getting accosted and called out on the trash charges and the trash gets dropped and the one "easy to convict" charge remains. So tons of these types of charges likely happen, but
are dropped.


All this aside.... from my POV? It's not worth worrying about. Ever. If I was thinking about "things to worry about as an MA gun owner" the concept of "failure to register/report" would be absolutely dead last on the list.
I wasn't going to out you as the friend I was asking for Mike. I did not count on you outing yourself...
 

Taka

NES Member
Rating - 100%
4   0   0
Joined
Mar 30, 2009
Messages
1,777
Likes
787
Alright, Since you've been so helpful I have another question.

Can my friend (NH resident) bring the pre 94 to a mass FFL where we can take care of the paperwork?

I believe the law allows for transport of a firearm by an out of state resident to a competition etc, as long as locked and unloaded etc etc.
 

drgrant

Moderator
NES Member
Rating - 100%
61   0   0
Joined
Mar 21, 2006
Messages
82,829
Likes
70,555
No, he can't enter the state without committing a felony.


ETA: Other option is you (ltc holder) escort him with the gun down. By the time you go through all that horseshit you might as well just have him ship the rifle to the dealer LOL....
 
Top Bottom