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Private Gun Sale Rules in MA

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stsinner

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Can someone tell me in plain English what I would need to do to buy a gun from a friend? I know that if I buy up in NH the gun store has to ship the gun to a gun store in MA, but how does it work for a private sale.. How about if I buy a gun online? Is there any way to do that? A member of another forum has a Taurus that I want to buy, but I have no idea how to get it here.. I'm sure there are certain criteria that it must meet, such as what type of safety it has, but as far as the sale and registering it, I'm unsure..

I have a Class A Large Capacity license.

Thanks.
 
If your friend lives in MA, you can do a face to face sale, fill out an FA-10 form (not positive on that form number...), and be done with it. If your friend lives out of state, he legally has to send it through an FFL in his state to an FFL here. Add to that, if the Taurus isn't on the approved list, the FFL here can't legally take possession of it, so you can't get it. Same for online sales. They have to ship to an FFL here, and if he can't legally take possession of it, neither can you.
 
Am I correct that the gun is a Taurus handgun, and that the seller lives in another state? Private sales across state lines are against federal law -- they have to go through an FFL. For a handgun sale, it must go through an FFL in the buyer's state of residence. For a long gun sale, it can go through an FFL in any state. The buyer must pickup the gun in person at the FFL, but the seller can send the gun to the FFL via a common carrier.

That said, since the purchase of a handgun from someone in another state must go through an FFL in MA, and no Taurus is on the EOPS Approved Firearms Roster, the reality is that you can't buy it.
 
Ma resident to Ma Resident = FA-10
Out of state to Ma resident = FFL

If the firearm in question is not "ma compliant" and outside of Ma. you will probably not find a dealer willing to do the transfer. If it is Ma. compliant, ask your dealer if he will do the transfer.
 
To do an in state FTF transaction, just get an FA10 form from a PD and fill it out accordingly. You can buy a rifle or shotgun online and have it shipped to a dealer for the transfer to you. It must, however, be compliant with the AWB.
 
See2 said:
If your friend lives in MA, you can do a face to face sale, fill out an FA-10 form (not positive on that form number...), and be done with it. If your friend lives out of state, he legally has to send it through an FFL in his state to an FFL here. Add to that, if the Taurus isn't on the approved list, the FFL here can't legally take possession of it, so you can't get it. Same for online sales. They have to ship to an FFL here, and if he can't legally take possession of it, neither can you.
Click to expand...
I suspect that Scriv will be along soon to tell you that the FFL here CAN take possession. Brace yourself. Jack.
 
Handguns....Either online purchase or buying out of state. You must have the gun shipped to an FFL. Many FFL's will not transfer weapons that are not EOPS Compliant.

I know your new...browse the handgun Sticky under MA laws all your questions will be answered.
 
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Lots of good advice so far. The MA Laws part of the forum is the place to start, particular the MA Gun Laws sticky thread. I also frequently use the GOAL MA Laws and MA Laws FAQ pages.

GOAL also has a guide to buying handguns page which I think answers most of your questions. I would suggest reading that page first then coming back with specific questions.

It is worth noting that per federal laws one can buy a long gun in another state from a dealer in that state or from an individual by going through a dealer, but handgun transactions between individuals must go through a dealer in the purchaser's state. Also, Taurus handguns do not appear to be on the EOPS list which means getting one from out-of-state through a dealer is not going to happen, unless it is an older one (pre'94), and even then you may have to shop around to find a dealer that knows enough to be able to figure out whether they can transfer it in.
 
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The short answer is that you can't do what you want to do.

Federal law prohibits the private sale of firearms across state lines. Mass law prohibits the Mass FFL from transferring a non-roster handgun to you. There are no Taurus handguns on the approved roster, so you are S.O.L.
 
If your friend chooses to move to MA with the handguns he already owns, he/she can do a FTF transfer.

Or if your friend leaves the gun to you in his/her will, and they pass, I believe that also would allow you to take possession.

I'd think it might be easier on your friend to move to MA...

:)
 
See2 said:
I suspect so. LOL

But, even if the FFL here does take posession, he can't legally transfer it to stsinner, so it's a non-issue. Right?
Click to expand...

No, it's not a "non issue" when someone is spreading falsehoods about the way the law/regulations work. MA dealers can legally obtain whatever handguns they want... they just might not be able to sell (or transfer) it to an MA consumer, if the handgun in question is not compliant. There are lots of dealers in MA that have non compliant guns in inventory either for out of state sale, sale to exempt LE, etc.

For example, say I had a non compliant Taurus. I could give it to an MA dealer to sell on gunbroker for me by doing an outbound transfer out of state, but he would not be able to sell it to another MA resident.

There is no such thing as "possession illegal" when it comes to handgun compliance, unless the handgun in question is one of the few that violates the MA AWB. (That's a whole other ballgame, of course... that has nothing to do with "handgun compliance" in the typical sense in MA. )

-Mike
 
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richc said:
If your friend chooses to move to MA with the handguns he already owns, he/she can do a FTF transfer.

Or if your friend leaves the gun to you in his/her will, and they pass, I believe that also would allow you to take possession.

I'd think it might be easier on your friend to move to MA...

:)
Click to expand...

But your friend needs to have a MA LTC before the transaction can be legal.
 
drgrant said:
No, it's not a "non issue" when someone is spreading falsehoods about the way the law/regulations work. MA dealers can legally obtain whatever handguns they want... they just might not be able to sell (or transfer) it to an MA consumer, if the handgun in question is not compliant. There are lots of dealers in MA that have non compliant guns in inventory either for out of state sale, sale to exempt LE, etc.

For example, say I had a non compliant Taurus. I could give it to an MA dealer to sell on gunbroker for me by doing an outbound transfer out of state, but he would not be able to sell it to another MA resident.

There is no such thing as "possession illegal" when it comes to handgun compliance, unless the handgun in question is one of the few that violates the MA AWB. (That's a whole other ballgame, of course... that has nothing to do with "handgun compliance" in the typical sense in MA. )

-Mike
Click to expand...

Wasn't trying to spread falsehoods, Mike. I've been told by dealers they can't accept pistols from out of state. Looks like they were feeding me a line of bullshit, and I helped propagate that. Sorry if I passed on bad info.

But, the core of my point still has merit - even if the dealer takes the Taurus from the FFL in another state, the OP in this thread can't get it from the dealer since it's not on the Roster, so why bother mentioning it?
 
See2 said:
But, the core of my point still has merit - even if the dealer takes the Taurus from the FFL in another state, the OP in this thread can't get it from the dealer since it's not on the Roster, so why bother mentioning it?
Click to expand...
There are dealers who do most of their business on the internet, buying and selling guns out of state. They can (and do) buy guns that are not on the EOPS approved firearms roster, and it is perfectly legal for them to do so. We don't want to imply that they are doing something wrong, when they are not.
 
M1911 said:
There are dealers who do most of their business on the internet, buying and selling guns out of state. They can (and do) buy guns that are not on the EOPS approved firearms roster, and it is perfectly legal for them to do so. We don't want to imply that they are doing something wrong, when they are not.
Click to expand...

OK I get that, and I'm not trying to - just trying to say that for this guy, FFL transfer isn't an option, since even though the FFL here can take possession of the Taurus, the OP can't get it from the dealer. Sorry if I'm beating a dead horse. Feels like I am, so I'm gonna shut up now.
 
See2 said:
OK I get that, and I'm not trying to - just trying to say that for this guy, FFL transfer isn't an option, since even though the FFL here can take possession of the Taurus, the OP can't get it from the dealer.
Click to expand...
Yup, that is true.
 
Thanks, everyone... I'm off to read the MA laws area.. I am kind of lazy when I have questions, I will admit... And I know that some people love to demonstrate their knowledge... I'm also off to ask this guy if the gun is pre-'94...
 
stsinner said:
Thanks, everyone... I'm off to read the MA laws area.. I am kind of lazy when I have questions, I will admit... And I know that some people love to demonstrate their knowledge... I'm also off to ask this guy if the gun is pre-'94...
Click to expand...

It won't matter when it was made UNLESS it was IN MA on 10/21/1998. Since it is not on the EOPS Approved List, the only exemption that would allow it to be shipped into MA and then transferred by an FFL is if it had been in MA on that date and in the possession of a MA LTC or FFL holder.

I'm afraid that you are out of luck on this one.
 
Okay I am pretty stupid when it comes to understanding the laws but is it safe to say that I cannot drive from NH to a MA FFL to do a transfer to someone that wants to buy a pistol that I am selling?
 
Correct. If you don't have an MA license, you wouldn't be able to take the gun to the dealer, and if the gun isn't compliant and on the list, then the dealer can't transfer it.
 
The information posted in this forum is helpful but to be honest a still a bit confused with laws regarding pistol sales of handguns not on the EOPSS. I must first qualify my response by stating I've only looked at the approved firearm roster for MA and may have missed a special document but in this post its clearly stated if having a pistol transferred via FFL to FFL, outside of MA to MA, if that gun is not on the EOPSS list then the FFL cannot legally transfer to LTC holder in MA. Can someone help me understand how dealers in MA can sell guns such as Nighthawk Custom pistols when they do not appear to be on the list? Second part of my question, if there are pistols that has not been approved yet such as Sig P938 legion, 7rnd mag, has safety, are there loopholes that would allow me to make a purchase in another state and have the FFL to FFL transfer followed and my local FFL to then transfer gun to me as a MA LTC holder?
 
If it isn't on the Executive Office of Public Safety approved roster a FFL cannot sell to you or transfer an out of state purchase to you.

Some of the Nighthawk models are EOPS approved firearms which have gone through work by a gunsmith. This is no different than buying an on-list firearm in MA and sending it out to a custom shop yourself or buying a used customized gun. If the state attempted to regulate the sale of any item modified by a trade professional from factory condition there wouldn't be any used car sales in MA. You won't find a Nighthawk custom model in MA from a FFL which isn't based on a EOPS approved model.

The second question is no. Federal law requires a FFL to FFL transfer for out of state handgun purchases and state law won't allow the transfer if off list.

HI MAURA! [dance]
 
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There is no easy wall hack around the Approved Firearms Roster, other than a private sale with a MA resident who has an LTC.
 
Thanks so much for the quick reply that now makes sense to me or at least the reason why Nighthawk can be sold in MA. not much about the MA guns laws truly make sense but its nice having a place to ask questions and get straight answers.
 
billellis50 said:
The information posted in this forum is helpful but to be honest a still a bit confused with laws regarding pistol sales of handguns not on the EOPSS. I must first qualify my response by stating I've only looked at the approved firearm roster for MA and may have missed a special document but in this post its clearly stated if having a pistol transferred via FFL to FFL, outside of MA to MA, if that gun is not on the EOPSS list then the FFL cannot legally transfer to LTC holder in MA. Can someone help me understand how dealers in MA can sell guns such as Nighthawk Custom pistols when they do not appear to be on the list? Second part of my question, if there are pistols that has not been approved yet such as Sig P938 legion, 7rnd mag, has safety, are there loopholes that would allow me to make a purchase in another state and have the FFL to FFL transfer followed and my local FFL to then transfer gun to me as a MA LTC holder?
Click to expand...
Nighthawk is on the Target roster therefore some models can be sold by a dealer. See here:
https://www.mass.gov/files/documents/2018/10/01/Formal Target Shooting Roster 09-2018_0.pdf
 

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