Post 10/98 Glock lower receiver transfer

[joncalibur]

Hi,

I searched and couldn't find anything on the topic, so I thought I would ask.

Basically, there is an out of state seller offering a Glock 3rd gen lower that was made after 10/98. Does the the receiver qualify as a firearm and cannot be transferred to a MA FFL, because it was not made or otherwise in the state before 10/98? I am assuming so, but wanted to make sure.

Thanks,

Jon

 

[Len-2A Training]

If you do some Advanced Searches in the Gun Laws area here you will learn:

- frames are guns per BATFE
- frames are NOT guns per MGL (must be in a condition to discharge a bullet)

Therefore, frames would have to be shipped to a MA FFL for transfer to you, AND it is legal to do the transfer even if the frame isn't pre-1998 or on the EOPS List. There are MA dealers out there who will do it, and some won't. Ask the dealers you do business with regularly.

Do NOT post names here, they will be deleted to protect the innocent! Although MGL allows this, the AG WILL threaten any dealer who does it if he becomes aware of it and his goons do troll online forums/eLists for that info on who to go after.

 

[Saint]

From my reading and calls to Glock.

1- Glock will not upgrade your MA compliant pre-98 frame to a 3rd generation.
2- Glock will not replace a broken MA compliant pre-98 frame with either a pre-98 or post-98 frame.
3- Glock will not let you "keep" your old serial number.

But with all this it is legal to buy a post-98 reciever ship it to a MA FFL, fill out the paperwork, and then when you get home assemble it into a firearm?

(I don't get it)

I wish I got it. All I want is a G17 with a rail

 

[joncalibur]

I spoke to a dealer, and they said that if someone could point out in the MGL where it specifically mentions a frame not being a firearm (is it by exclusion? ie. a firearm is capable of shooting a cartridge in its current state, but frame is not and therefore not a firearm?), they would gladly do the transfer.

i found a thread a while back that supposed, if this were the case, dealers out of state would simply strip guns not on the "list" and not compliant with the ag's stupid regulations and ship the slides and frames seperately and have the customer reassemble and do the FA10. the same person posting says that clearly if this were the case, it would be more common and we would see more current unlisted handguns in MA.

thanks for any help on the subject.

jon

 

[Len-2A Training]

Jon,

Some dealers are NOT going to transfer in any frames. As some have told me, they don't want to be a test case! Some have gone "a round" with the AG before and it cost them plenty in legal fees, just not worth it to the dealers.

There are other dealers who will sell a frame. Just ask around where you shop. If they don't know you, they may not do it . . . as they could suspect that you are one of the AG's goons, but if you know a dealer well and have been doing business with them for a while, you might get what you want.

 

[FunYun]

"a firearm is capable of shooting a cartridge in its current state, but frame is not and therefore not a firearm"
jon

Bingo!

If it doesn't go BANG its not a gun. Though like Len said, you still need to find a dealer who will take a chance.

 

[FunYun]

From my reading and calls to Glock.

1- Glock will not upgrade your MA compliant pre-98 frame to a 3rd generation.
2- Glock will not replace a broken MA compliant pre-98 frame with either a pre-98 or post-98 frame.
3- Glock will not let you "keep" your old serial number.

But with all this it is legal to buy a post-98 reciever ship it to a MA FFL, fill out the paperwork, and then when you get home assemble it into a firearm?

(I don't get it)

I wish I got it. All I want is a G17 with a rail

I've heard different on GlockTalk on all 3. Though not as confident on the MA part as the others.

 

[HAVMEDIC26]

Glock Will Indeed Upgrade Your Frame. I Believe It Involves Modification, Not Replacement. I Also Believe That They Do Assign A New Serial Number. I Am Trying To Find Out From Glock If They Would Provide Paperwork Indicating The Original Born On Date. Will Update When I Hear Back From Them.

Jt
Glock Armorer

 

[KMaurer]

Here's the legal definition of a firearm in Massachusetts:

MGL Chapter 140, Section 121:
...
“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.
...

As you can see, it has to be able to fire a bullet, otherwise it's not a gun. There's a decision, either SJC or Appellate, I can't remember which, that says that a gun that only needs some minor parts which could be easily added (in the case at hand, a firing pin) is still a firearm under the law. If they wanted to stretch that to cover a frame, then it seems that just about any part of a gun would constitute a firearm, and I should file FA-10's for all my grips, sights, barrels, triggers, grip panels, cylinders, magazines, bolts, ...

Ken

 

[second]

Bingo!

If it doesn't go BANG its not a gun. Though like Len said, you still need to find a dealer who will take a chance.

So if you but a lower and then later get an upper and put it together you should file an fa-10 form with the state?

 

[Scrivener]

So if you but a lower and then later get an upper and put it together you should file an fa-10 form with the state?

Yes, as it is now a functioning gun.