Personal Transfer Question

[CFFuts]

Here is the scenario:

I am a NH resident and my shooting buddy in MA really likes my Sig Mosquito. How can I legally transfer it to him? He has a Class A LTC, so I know it is legal for him to own firearms.

A dealer won't touch it, but why can't I sell it and have him register it on an FA10? The firearm would be on the official state books and it is no different than if my buddy moved from NH to MA and brought the gun with him.

Under this scenario, would my friend be breaking any laws? Please provide a link or reference to the law. Thx

 

[DR]

You and your friend would be breaking federal law. Transfers between non-licensees (i.e. folks without an FFL) can only happen between residents of the same state.

http://www.atf.gov/firearms/faq/faq2.htm#b1

 

[Lynne]

DR is correct. Non FFL's in different states can NOT sell/purchase from another. I believe that federal law was enacted in 1968. If you can't transfer it through an FFL, then he can't get it.

 

[Chris]

Handguns via different state residents can only be transferred via a FFL in the state of the recipient.

Long Guns can be transferred in the any State FFL.

Civilian to Civilian transfers are ONLY allowed between residents of the same state.

Since the Sig in question is not available via a MA FFL, there is no way short of moving that can make the transfer legal.

 

[CFFuts]

Bad news

So the only way I could do a personal transfer is to become a resident of the state of MA....hmmm. That's why I couldn't find an issue when reviewing the MGLs.

Moving to MA is not gonna happen - it took me years to get out of MA to NH. Buddy is out of luck.

Thanks for the info.

 

[Len-2A Training]

Right and he's "very out of luck" as it is my understanding that Sig has decided NOT to get the Mosquito MA certified!

That was a gun that I was also interested in for my Wife! Sigh!

Perhaps if MA folks put pressure on Sig, they may change their mind . . . assuming there aren't some design issues where it would fail the testing. If it passes CA requirements, it would most likely meet MA requirements too.

 

[Chris]

Well, he could move to NH! (^_^)

 

[Rob Boudrie]

Transfer

I believe you can legally do an interstate transfer to him without an FFL by leaving it to him in your will and then dying. Just make sure you have an executor you can trust.

 

[Len-2A Training]

Re: Transfer

I believe you can legally do an interstate transfer to him without an FFL by leaving it to him in your will and then dying. Just make sure you have an executor you can trust.

[lol] [lol]

Very true, but a rather drastic step to give someone a gun!

 

[FPrice]

Very true, but a rather drastic step to give someone a gun!

Well, just how good of a buddy IS he???

[?]

 

[Rob Boudrie]

Loopholes

The one loophole remaining in MA is an FFL holder who transfers no more than 4 guns per calendar year, and does not hold a MA license to sell firearms. The MA license is only required if you sell > 4, and absent such a license, the ch 180 EOPS list and AG double secret list do not apply.

Of course, with the no residential FFL law, it's going to be very hard to find such an FFL - and even harder to get him to use one of his four transfers on your gun.

 

[KMaurer]

As long as we're talking about hypotheticals, there's one more. Find someone who's either moving from NH to MA, or who is a resident of both states at different times of the year. Sell the gun to this person while they're living in MH (for their own use, of course). Then when they relocate to MA they could change their mind, decide that they no longer wanted it, and sell it (totally by coincidence) to your friend who had been lusting after it all along.

Oh, yes, before you do that ask one of the moderators to delete everything in this thread.

Ken

 

[Len-2A Training]

Oh, yes, before you do that ask one of the moderators to delete everything in this thread.

Ken

That's likely to be a costly proposition! [lol]

 

[Chris]

Well, technically, there is another way...

Become an outlaw.

You have to love the fact that the only issue here is the violation of some words written in some book. When the real outlaws violate it, it's rare to discovr the fact unless they violate some other and more violent law.

Yet the peacable person who simply wants to trade a product to another person is prohibited.

Oh yea, makes so much sense to me.