1. If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Private Gun Sale Rules in MA

Discussion in 'Massachusetts Laws' started by stsinner, Mar 3, 2010.

  1. stsinner

    stsinner

    Joined:
    Dec 16, 2009
    Messages:
    4
    Likes Received:
    0
    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.
     

  2. See2

    See2 NES Member

    Joined:
    Jan 31, 2008
    Messages:
    52
    Likes Received:
    4
    Location:
    Finally in a Green town!
    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.
     
  3. M1911

    M1911 Moderator NES Member

    Joined:
    Apr 1, 2005
    Messages:
    37,521
    Likes Received:
    4,616
    Location:
    Near Framingham
    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.
     
    1 person likes this.
  4. Tim94gt

    Tim94gt

    Joined:
    May 28, 2009
    Messages:
    3,522
    Likes Received:
    338
    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.
     
  5. 97serpent

    97serpent

    Joined:
    Feb 27, 2009
    Messages:
    292
    Likes Received:
    13
    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.
     
  6. one-eyed Jack

    one-eyed Jack Manufacturer Dealer NES Member

    Joined:
    Apr 12, 2006
    Messages:
    6,385
    Likes Received:
    3,314
    Location:
    Eastern Mass and southern NH
    I suspect that Scriv will be along soon to tell you that the FFL here CAN take possession. Brace yourself. Jack.
     
  7. See2

    See2 NES Member

    Joined:
    Jan 31, 2008
    Messages:
    52
    Likes Received:
    4
    Location:
    Finally in a Green town!
    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?
     
  8. Mark from MA

    Mark from MA NES Member

    Joined:
    Jun 4, 2008
    Messages:
    4,160
    Likes Received:
    894
    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.
     
    Last edited: Mar 3, 2010
  9. M1911

    M1911 Moderator NES Member

    Joined:
    Apr 1, 2005
    Messages:
    37,521
    Likes Received:
    4,616
    Location:
    Near Framingham
    The FFL can take possession, but he just can't transfer it to you legally.
     
  10. kevin9

    kevin9

    Joined:
    Dec 16, 2006
    Messages:
    8,966
    Likes Received:
    1,594
    Location:
    Toy Town
    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.
     
    Last edited: Mar 3, 2010
  11. EddieCoyle

    EddieCoyle Consigliere Moderator NES Member

    Joined:
    Nov 11, 2005
    Messages:
    20,558
    Likes Received:
    5,508
    Location:
    Northern, MA
    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.
     
  12. richc

    richc NES Member

    Joined:
    Oct 21, 2008
    Messages:
    12,433
    Likes Received:
    4,451
    Location:
    metro west
    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...

    :)
     
  13. drgrant

    drgrant Moderator NES Member

    Joined:
    Mar 21, 2006
    Messages:
    62,432
    Likes Received:
    15,584
    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
     
    Last edited: Mar 3, 2010
  14. terraformer

    terraformer NES Member

    Joined:
    May 17, 2008
    Messages:
    16,800
    Likes Received:
    2,124
    But your friend needs to have a MA LTC before the transaction can be legal.
     
  15. See2

    See2 NES Member

    Joined:
    Jan 31, 2008
    Messages:
    52
    Likes Received:
    4
    Location:
    Finally in a Green town!
    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?
     
  16. M1911

    M1911 Moderator NES Member

    Joined:
    Apr 1, 2005
    Messages:
    37,521
    Likes Received:
    4,616
    Location:
    Near Framingham
    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.
     
  17. See2

    See2 NES Member

    Joined:
    Jan 31, 2008
    Messages:
    52
    Likes Received:
    4
    Location:
    Finally in a Green town!
    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.
     
  18. M1911

    M1911 Moderator NES Member

    Joined:
    Apr 1, 2005
    Messages:
    37,521
    Likes Received:
    4,616
    Location:
    Near Framingham
    Yup, that is true.
     
  19. stsinner

    stsinner

    Joined:
    Dec 16, 2009
    Messages:
    4
    Likes Received:
    0
    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...
     
  20. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

    Joined:
    Feb 26, 2005
    Messages:
    49,814
    Likes Received:
    6,822
    Location:
    Escaping to NH
    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.
     
  21. PantherarmsAR10

    PantherarmsAR10

    Joined:
    Mar 6, 2009
    Messages:
    764
    Likes Received:
    127
    Location:
    Manchester, NH
    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?
     
  22. vellnueve

    vellnueve

    Joined:
    Aug 9, 2006
    Messages:
    16,917
    Likes Received:
    755
    Location:
    BIOT
    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.
     
  23. billellis50

    billellis50

    Joined:
    Jul 20, 2017
    Messages:
    3
    Likes Received:
    1
    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?
     
  24. bottle-cap

    bottle-cap NES Member

    Joined:
    Jul 20, 2014
    Messages:
    316
    Likes Received:
    98
    Location:
    mass.
    Wow. You Dug up an old post here. Nearly 9 years since last reply.

    Go green ! ​
     
    MuzzleDiscipline and desertr8der like this.
  25. Waher

    Waher NES Member

    Joined:
    Jan 2, 2014
    Messages:
    6,429
    Likes Received:
    3,620
    Location:
    BG&RA, BR&PC
    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]
     
    Last edited: Jan 12, 2019
  26. M1911

    M1911 Moderator NES Member

    Joined:
    Apr 1, 2005
    Messages:
    37,521
    Likes Received:
    4,616
    Location:
    Near Framingham
    There is no easy wall hack around the Approved Firearms Roster, other than a private sale with a MA resident who has an LTC.
     
  27. billellis50

    billellis50

    Joined:
    Jul 20, 2017
    Messages:
    3
    Likes Received:
    1
    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.
     
    andrew1220 likes this.
  28. djbradles

    djbradles NES Member

    Joined:
    Sep 16, 2014
    Messages:
    183
    Likes Received:
    148
    Location:
    Either here or there
    I find the way I use pretty easy.
     
    AMV and andrew1220 like this.
  29. slap shot

    slap shot NES Member

    Joined:
    Mar 5, 2013
    Messages:
    10,278
    Likes Received:
    3,289
    Location:
    NH
    3 posts, i'd be careful spreading info due to the latest developments
     
  30. andrew1220

    andrew1220 NES Member

    Joined:
    Oct 2, 2011
    Messages:
    9,634
    Likes Received:
    1,947
    Location:
    Glostah
    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
     

Share This Page