Private Gun Sale Rules in MA

[Rbarlow]

I think everyone is confused over what pistol a dealer can legally "sell" to a customer and what he can legally "transfer" to a customer. There is a big difference when it comes to "selling" and greatly limits the new and older pistols that can be sold to customers by a Massachusetts DEALER.

TRANSFERS- Maybe someone can comment on OUT of STATE Transfers. I believe that the "sweet spot" when it comes to out of state transfers for psitols (always must be from an out of state FFL into a Mass FFL) that are pre-ban (pre-September 1994) as they avoid the 10 round high capacity limit as well as the state's roster. After this date and before October 31, 1998 inter-state transfers of pistols to Mass. must meet the 10 round limit but not the roster as the roster came into law after October 21, 1998. After October 21, 1998 the roster rules. The issue is that many dealers might not know the law very well and not take in the transfers.....

 

[one-eyed Jack]

I think I need a drink. Jack.

 

[Len-2A Training]

I think everyone is confused over what pistol a dealer can legally "sell" to a customer and what he can legally "transfer" to a customer. There is a big difference when it comes to "selling" and greatly limits the new and older pistols that can be sold to customers by a Massachusetts DEALER.

TRANSFERS- Maybe someone can comment on OUT of STATE Transfers. I believe that the "sweet spot" when it comes to out of state transfers for psitols (always must be from an out of state FFL into a Mass FFL) that are pre-ban (pre-September 1994) as they avoid the 10 round high capacity limit as well as the state's roster. After this date and before October 31, 1998 inter-state transfers of pistols to Mass. must meet the 10 round limit but not the roster as the roster came into law after October 21, 1998. After October 21, 1998 the roster rules. The issue is that many dealers might not know the law very well and not take in the transfers.....

Also, you don't know the law either. "Transfers", "sales", "inheritance", etc. are all the same if a gun touches a MA Dealer. The Dealer must comply with the law and AG Regs if they want to stay legal. Period! No legal difference wrt new vs. used either. What dealers do or don't do is another matter.

 

[swatgig]

I think I need a drink. Jack.

In

 

[whacko]

I think everyone is confused over what pistol a dealer can legally "sell" to a customer and what he can legally "transfer" to a customer. There is a big difference when it comes to "selling" and greatly limits the new and older pistols that can be sold to customers by a Massachusetts DEALER.

TRANSFERS- Maybe someone can comment on OUT of STATE Transfers. I believe that the "sweet spot" when it comes to out of state transfers for psitols (always must be from an out of state FFL into a Mass FFL) that are pre-ban (pre-September 1994) as they avoid the 10 round high capacity limit as well as the state's roster. After this date and before October 31, 1998 inter-state transfers of pistols to Mass. must meet the 10 round limit but not the roster as the roster came into law after October 21, 1998. After October 21, 1998 the roster rules. The issue is that many dealers might not know the law very well and not take in the transfers.....

I think the op got his answer 10 years ago......back in 2010...when this thread was started.

 

[one-eyed Jack]

Well, there are these two big books free from the GPO. Federal laws and State laws. All you need to know in the 700 pages. Getting and reading them would reduce questions on NES by 73.54 %. Jack.

 

[Rbarlow]

Whacko, I can say for sure that the correct answer was not provided 10 years ago as no one in this forum had considered the difference in rules for dealer sales and dealer transfers. No matter what the timing of my reply, it might help someone looking for this information today. The Massachusetts laws are not crystal clear and are deliberately written this way to keep Massachusetts gun owners in a confused state . As an example, you can still buy out of state and transfer in pre-ban assault weapons with 30+ round magazines. The same goes for pre-ban pistols.

 

[DW357]

Whacko, I can say for sure that the correct answer was not provided 10 years ago as no one in this forum had considered the difference in rules for dealer sales and dealer transfers. No matter what the timing of my reply, it might help someone looking for this information today. The Massachusetts laws are not crystal clear and are deliberately written this way to keep Massachusetts gun owners in a confused state . As an example, you can still buy out of state and transfer in pre-ban assault weapons with 30+ round magazines. The same goes for pre-ban pistols.

Preban pistols? Is that pre-1998 you’re referring to? If so, that’s not true. Pistol must be on the roster and if it’s not, it needed to be in state prior to the 1998 crap, in order for a dealer to transfer them.

 

[42!]

I think everyone is confused over what pistol a dealer can legally "sell" to a customer and what he can legally "transfer" to a customer. There is a big difference when it comes to "selling" and greatly limits the new and older pistols that can be sold to customers by a Massachusetts DEALER.

TRANSFERS- Maybe someone can comment on OUT of STATE Transfers. I believe that the "sweet spot" when it comes to out of state transfers for psitols (always must be from an out of state FFL into a Mass FFL) that are pre-ban (pre-September 1994) as they avoid the 10 round high capacity limit as well as the state's roster. After this date and before October 31, 1998 inter-state transfers of pistols to Mass. must meet the 10 round limit but not the roster as the roster came into law after October 21, 1998. After October 21, 1998 the roster rules. The issue is that many dealers might not know the law very well and not take in the transfers.....

Ah, nope.
While few if any dealers would do it in MA, an interstate transfer only requires that it be transferred through a MA based FFL, anyone can ship it to them, but like I said, MA dealers shy away from this. And if the seller can legally bring it into MA, he can hand deliver it to a dealer for transfer.

 

[CrackPot]

Whacko, I can say for sure that the correct answer was not provided 10 years ago as no one in this forum had considered the difference in rules for dealer sales and dealer transfers. No matter what the timing of my reply, it might help someone looking for this information today. The Massachusetts laws are not crystal clear and are deliberately written this way to keep Massachusetts gun owners in a confused state . As an example, you can still buy out of state and transfer in pre-ban assault weapons with 30+ round magazines. The same goes for pre-ban pistols.

Two posts both asserting that sales and transfers are different and zero reference to MGL or CMRs to support your INCORRECT assertion. The laws in question are not ambiguous. Your lack of understanding does not make them "not crystal clear", it just makes it clear you don't understand them.

MGL chap 140 sec 123 paragraphs 16-20 all start with the following language "That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm..." and then go onto describe limitations that result in "the list". Please note that SELL, TRANSFER or OFFER for SALE or TRANSFER are the restrictions on a dealer. There is no "transfer" loophole.

I would also quote 940 CMR 16 from multiple sections that start with "It shall be an unfair or deceptive practice for a handgun-purveyor to transfer or offer to transfer to any customer..." before listing restrictions. Again, there is no "transfer" loophole.

Please try and read the relevant law before posting, as fact, utter rubbish.

The only "pre-ban" pistol is redundant with "pre-ban" assault weapon. There are no pre-ban non-assault weapon pistols as pistols are not banned unless they are assault weapons. Bad choice of terminology that only shows a lack of understanding.

 

[EddieCoyle]

Whacko, I can say for sure that the correct answer was not provided 10 years ago as no one in this forum had considered the difference in rules for dealer sales and dealer transfers.

I can. There's no difference. None. Read the law. It includes both.

 

[Rbarlow]

Crackpot we are trying to sort through all of this as what occurs at dealers does not match your interpretation of the law as pre-October 21,1998 guns are being transferred by dealers. Maybe you can teach us the law rather than being insulting.
Since you are schooled in the Massachusetts gun laws please explain to us all how an unnamed popular dealer around Boston is able to sell many Gen 2 Glock 17s? These were purchased out of state as recently as 2019, and they are all pre-1998 Glocks. Seems like this dealer is breaking the law as Glocks are not on the approved list and these were not in the state prior to 1998. I am 100% sure the business goes by the books as it has been in business for years so there seems to be no issue on the dealer transferring these into Mass to later sell. Please explain to us how this dealer could legally do this given the laws you have quoted. I really want to know.

 

[CrackPot]

Crackpot we are trying to sort through all of this as what occurs at dealers does not match your interpretation of the law as pre-October 21,1998 guns are being transferred by dealers. Maybe you can teach us the law rather than being insulting.
Since you are schooled in the Massachusetts gun laws please explain to us all how an unnamed popular dealer around Boston is able to sell many Gen 2 Glock 17s? These were purchased out of state as recently as 2019, and they are all pre-1998 Glocks. Seems like this dealer is breaking the law as Glocks are not on the approved list and these were not in the state prior to 1998. I am 100% sure the business goes by the books as it has been in business for years so there seems to be no issue on the dealer transferring these into Mass to later sell. Please explain to us how this dealer could legally do this given the laws you have quoted. I really want to know.

I know various dealers that have no issue with transferring pre-1998 pistol that are not on the Mass approved list. I recently asked if they would transfer a 1983 H&K P7. if I bought it out of state from an auction. This pistol is not on the roster. Dealer response was "as long as it is pre-Oct 21, 1998 pistol we have no problem on the transfer". Thus, according to you they are breaking the law. I do not think that they would risk their living to make 30 or 40 bucks on a transfer.

The analogy to the assault weapon is that Maas law allows no assault weapons to be sold or transferred into the state. However, you can still acquire and transfer pre-1994 guns even though the law leads you believe you can not....

Almost all glocks are ON THE LIST, so your comment about glocks is both wrong and not relevant

Pre 10/21/98 must still be on the list unless "lawfully owned or possessed under a license issued under this chapter". Most dealers will transfer pre98 S&Ws since they were clearly in the state and we assume S&W was licensed under chap 140 (sec 122)

Some dealers either don't know or don't care about the law. If you have someone willing to transfer you the 1983 P7, then get it. Not on you, it is on them. That someone will transfer it is not proof of anything except that someone will transfer it. Yes, they are breaking the law. Maybe they know it, maybe they dont. Maybe they are confused by 940 CMR 16 which flat out does not apply to anything pre 98. Glocks are on the list but do not satisfy the LCI in 940 CMR 16. pre 98 glocks are exempt from 940 CMR 16 so are transferable by any dealer.

The H&K P7 is not on the list so must have been in the state prior to 98 and lawfully possessed.


There is no analogy to assault weapons. That is MGL 140 131M. It clearly states that pre 13 sep 1994 is the cut off and anything before that date can be lawfully possessed/transfered without violating the AWB.


None of this is unclear. This has all been thrashed out here 100000 times. There is an FAQ that covers this. Maybe read more and post less...

 

[JNewell]

Since you are schooled in the Massachusetts gun laws

Are you?

 

[Petrops]

Hoping that I can rejuvenate this thread with a specific use case.
I am a Massachusetts resident. I would like to own a Taurus 454 Casull. It is not on the EOPSS list. I found one in VT. I have a friend that has a home in VT but is a MA resident. He can buy the gun. Can he legally transfer it to me in MA? Thanks

 

[Boghog1]

Hoping that I can rejuvenate this thread with a specific use case.
I am a Massachusetts resident. I would like to own a Taurus 454 Casull. It is not on the EOPSS list. I found one in VT. I have a friend that has a home in VT but is a MA resident. He can buy the gun. Can he legally transfer it to me in MA? Thanks

Sounds a lot like a straw purchase

 

[Wickedcoolname]

If you're looking for a Taurus try a couple of scrap metal yards. That's where most of them wind up. Maybe you can grab one before they turn it back into Harbor Freight jack stands.

 

[Len-2A Training]

Hoping that I can rejuvenate this thread with a specific use case.
I am a Massachusetts resident. I would like to own a Taurus 454 Casull. It is not on the EOPSS list. I found one in VT. I have a friend that has a home in VT but is a MA resident. He can buy the gun. Can he legally transfer it to me in MA? Thanks

He could but both of you could end up in Federal prison together. It's called a "straw purchase" by the Feds.