Private Purchase long rifle ME to MA

[JayMcB]

If I buy a C&R long rifle in ME from a private party, can I legally transport it from ME to MA and have an FFL do the 4473 and eFA-10 once it's back in MA?

 

[Stape]

I'm pretty sure sales to out of state has to be transferred to an FFL in your state of residence. Not sure how a C&R affects that though, or if its a C&R the out of state from private party doesn't matter? Pure WAG on my part but i'd be interested as well.

 

[gerrycaruso]

If you buy a C&R gun and you have a C&R license, then you are the FFL.

 

[Golddiggie]

IIRC, long guns you can use a FFL in the owner's home state. You'll need to involve the FFL since you're crossing state lines for the purchase. You can then take it home on your own and do the [ghey] FA10 BS later. Not like for a handgun where it needs to be shipped to a FFL in your home state.

If you buy a C&R gun and you have a C&R license, then you are the FFL.

plus this...

 

[allen-1]

I'm pretty sure sales to out of state has to be transferred to an FFL in your state of residence. Not sure how a C&R affects that though, or if its a C&R the out of state from private party doesn't matter? Pure WAG on my part but i'd be interested as well.

Federal law says that you can only buy handguns in your state of residence. You can buy longarms in any state so long as the longarm is legal to purchase in your state of residence.

 

[whacko]

Federal law says that you can only buy handguns in your state of residence. You can buy longarms in any state so long as the longarm is legal to purchase in your state of residence.

That statement is accurate for an ffl purchase. Private purchase is different and the op states private sale A long gun needs to go through an ffl if going private purchase over state lines.

 

[JayMcB]

Federal law says that you can only buy handguns in your state of residence. You can buy longarms in any state so long as the longarm is legal to purchase in your state of residence.

This one is. Long gun, legal in MA.

 

[tripletaco]

Do the transfer at a Maine FFL. Done.

 

[whacko]

This one is. Long gun, legal in MA.

You need to get the gun to an ffl.......you can transport it yourself as you are legal to own it in mass. Just need an ffl to complete the transfer. Call the ffl ahead though.

 

[DW357]

Does the seller have a C&R? If so, then you don't need to involve a dealer.

 

[dhuze]

Does the seller have a C&R? If so, then you don't need to involve a dealer.

The buyer needs the C&R, not the seller.

If you have a C&R and the firearm is C&R eligible you can buy it directly from the seller. If you do NOT have a C&R ALL out of state purchases MUST go through an FFL dealer. ALL handguns (unless C&R eligible and you have a C&R license) Must be either purchased in your state of residency, or shipped to a FFL dealer in your home state.

 

[tripletaco]

The buyer needs the C&R, not the seller.

If you have a C&R and the firearm is C&R eligible you can buy it directly from the seller. If you do NOT have a C&R ALL out of state purchases MUST go through an FFL dealer. ALL handguns (unless C&R eligible and you have a C&R license) Must be either purchased in your state of residency, or shipped to a FFL dealer in your home state.

I dont think this is completely accurate. As a C&R FFL you can sell a long gun to a non-FFL holder from another state, so long as the transaction takes place at the address listed on you license.


EDIT
Found the cite:


§ 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of § 478.96(c) and

(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§ 478.30 and 478.97.

 

[DW357]

The buyer needs the C&R, not the seller.

If you have a C&R and the firearm is C&R eligible you can buy it directly from the seller. If you do NOT have a C&R ALL out of state purchases MUST go through an FFL dealer. ALL handguns (unless C&R eligible and you have a C&R license) Must be either purchased in your state of residency, or shipped to a FFL dealer in your home state.

I was under the impression that the OP had a C&R but I may have misinterpreted that.

 

[Rockrivr1]

I must be way off on this. I thought the FFL issue was for Handguns only. If you buy a rifle (non-C&R) from an FFL out of state they would do the 4473 on you. Then when get home you'd need to register it with an EFA-10 knowing it must meet MA guidelines. I've never done it, but seen it happen in a NH gun store to a MA resident who was in the shop buying a bolt action rifle when I walked in.

 

[whacko]

I must be way off on this. I thought the FFL issue was for Handguns only. If you buy a rifle (non-C&R) from an FFL out of state they would do the 4473 on you. Then when get home you'd need to register it with an EFA-10 knowing it must meet MA guidelines. I've never done it, but seen it happen in a NH gun store to a MA resident who was in the shop buying a bolt action rifle when I walked in.

Re read the original post. Where did he say anything about buying it from an ffl! He clearly states It's a PRIVATE PURCHASE. If you sell a long gun private sale and the seller a s buyer are in a different state it needs to go through an ffl. The op is buying the gun PRIVATE purchase.

If the buyer and seller reside in the same state (free state of course) they can just exchange $ and the long gun and be on their way.

 

[IPSC_DRL]

If I buy a C&R long rifle in ME from a private party, can I legally transport it from ME to MA and have an FFL do the 4473 and eFA-10 once it's back in MA?

Are you a C&R FFL?

No, then see a ME FFL, or find a MA FFL that will accept the gun and do the transfer.

 

[JayMcB]

Are you a C&R FFL?

He is (expired and waiting for renewal from BATFE), I am not.

 

[dhuze]

He is (expired and waiting for renewal from BATFE), I am not.

What you are saying is neither of you have a C&R. If his is expired he does not have one. This does not matter in this case anyways. If YOU do not have one you MUST go through an FFL since you are in different states.

 

[JayMcB]

What you are saying is neither of you have a C&R. If his is expired he does not have one. This does not matter in this case anyways. If YOU do not have one you MUST go through an FFL since you are in different states.

It was never a question about going through an FFL. The question was always can I do a FTF in ME, transport to MA and then do the 4473 and eFA-10 in MA in one step.

 

[dhuze]

I dont think this is completely accurate. As a C&R FFL you can sell a long gun to a non-FFL holder from another state, so long as the transaction takes place at the address listed on you license.


EDIT
Found the cite:


§ 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of § 478.96(c) and

(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§ 478.30 and 478.97.

An 03 FFL cannot be in the business of buying and selling firearms so this seems a bit odd to me. I have never seen that before.
So according to 478.96(c) an 03 FFL can deliver the rifle at the location where his license is held as long as the buyer meets him in person AND fills out a 4473 form

§ 478.96 Out-of-State and mail order sales.

a. The provisions of this section shall apply when a firearm is purchased by or delivered to a person not otherwise prohibited by the Act from purchasing or receiving it.

b. A licensed importer, licensed manufacturer, or licensed dealer may sell a firearm that is not subject to the provisions of § 478.102(a) to a nonlicensee who does not appear in person at the licensee's business premises if the nonlicensee is a resident of the same State in which the licensee's business premises are located, and the nonlicensee furnishes to the licensee the firearms transaction record, Form 4473, required by § 478.124. The nonlicensee shall attach to such record a true copy of any permit or other information required pursuant to any statute of the State and published ordinance applicable to the locality in which he resides. The licensee shall prior to shipment or delivery of the firearm, forward by registered or certified mail (return receipt requested) a copy of the record, Form 4473, to the chief law enforcement officer named on such record, and delay shipment or delivery of the firearm for a period of at least 7 days following receipt by the licensee of the return receipt evidencing delivery of the copy of the record to such chief law enforcement officer, or the return of the copy of the record to him due to the refusal of such chief law enforcement officer to accept same in accordance with U.S. Postal Service regulations. The original Form 4473, and evidence of receipt or rejection of delivery of the copy of the Form 4473 sent to the chief law enforcement officer shall be retained by the licensee as a part of the records required of him to be kept under the provisions of subpart H of this part.

c.
1. A licensed importer, licensed manufacturer, or licensed dealer may sell or deliver a rifle or shotgun, and a licensed collector may sell or deliver a rifle or shotgun that is a curio or relic to a nonlicensed resident of a State other than the State in which the licensee's place of business is located if—

i. The purchaser meets with the licensee in person at the licensee's premises to accomplish the transfer, sale, and delivery of the rifle or shotgun;

ii. The licensed importer, licensed manufacturer, or licensed dealer complies with the provisions of § 478.102;

iii. The purchaser furnishes to the licensed importer, licensed manufacturer, or licensed dealer the firearms transaction record, Form 4473, required by § 478.124; and

iv. The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.

2. For purposes of paragraph (c) of this section, any licensed manufacturer, licensed importer, or licensed dealer is presumed, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both such States.

 

[mac1911]

It was never a question about going through an FFL. The question was always can I do a FTF in ME, transport to MA and then do the 4473 and eFA-10 in MA in one step.

You could? I would arrange the details with the FFL your going to use. Your FFL might want to see the ID of the seller?
I bought an estate and the owner was to sick to travel anywhere. He had a notary stamped letter of sale and copies of his IDs I brought that to the FFL and was in and out with 18 guns in an out 40 min.

 

[whacko]

It was never a question about going through an FFL. The question was always can I do a FTF in ME, transport to MA and then do the 4473 and eFA-10 in MA in one step.

Your best bet for one step is YOU transport the gun......the seller and you meet at the ffl in mass and do the transfer there.

If he won't come to he ffl in mass......you can try a me ffl and see if they will do the transfer in Maine.....then you just take the gun into mass with you and efa10 it within 7 days......or not.

 

[tripletaco]

An 03 FFL cannot be in the business of buying and selling firearms so this seems a bit odd to me. I have never seen that before.
So according to 478.96(c) an 03 FFL can deliver the rifle at the location where his license is held as long as the buyer meets him in person AND fills out a 4473 form

Correct, an 03 FFL cannot be in "business". And I agree it is a bit odd but from my reading online and of ATF documents it seems to be perfectly legal. Now, if you make a habit of it that arguably opens you up to increased ATF scrutiny.

Also, I dont see where it says a 4473 is needed. I was pretty sure an 03 FFL is exempt from all requirements of the 4473 form including this situation.

 

[dhuze]

I dont think this is completely accurate. As a C&R FFL you can sell a long gun to a non-FFL holder from another state, so long as the transaction takes place at the address listed on you license.


EDIT
Found the cite:


§ 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of § 478.96(c) and

(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§ 478.30 and 478.97.

Correct, an 03 FFL cannot be in "business". And I agree it is a bit odd but from my reading online and of ATF documents it seems to be perfectly legal. Now, if you make a habit of it that arguably opens you up to increased ATF scrutiny.

Also, I dont see where it says a 4473 is needed. I was pretty sure an 03 FFL is exempt from all requirements of the 4473 form including this situation.

Section b of your quote says "with the provisions of § 478.96(c)" 478.96(c) says in part

The purchaser furnishes to the licensed importer, licensed manufacturer, or licensed dealer the firearms transaction record, Form 4473, required by § 478.124; and

https://atf-eregs.18f.gov/478-96/2016-00112#478-96-c

 

[Len-2A Training]

C&R FFLs can not do 4473s. They can buy a C&R (only) gun anywhere, transport it home and then eFA-10 as Registration (NO info on source, skip that page).

If a C&R FFL is expired, you don't have one and can't do a transfer this way. In that case you go to an 01/07 FFL (dealer/mfr) and do a normal transfer there, come home and do the eFA-10 Registration (if not at a MA FFL) as I noted above.