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Private Sale MA to NH
- Thread starter roadkingrider_2001
- Start date
It's a long gun being purchased private sale between states so an ffl needs to be involved per federal law. Use a nh FFL because if you use a mass ffl you'd be taking posession of it in a state you are not legal to posess it in.
Still amazes me how many people don't know that it's a federal law that a private sale of a long gun between states needs to be done through an ffl. Not adhering to this law is felony.
Long guns need an ffl involved but can be transferred to the buyer in a different state provided that the buyer is legal to posess the fire arm in the state of purchase and the state of residence. A nh buyer would not be in compliance to take possession in mass due to mass licensing law.
For handguns the fire arm must always be transferred at an ffl in the buyers state of residence.
Long guns need an ffl involved but can be transferred to the buyer in a different state provided that the buyer is legal to posess the fire arm in the state of purchase and the state of residence. A nh buyer would not be in compliance to take possession in mass due to mass licensing law.
For handguns the fire arm must always be transferred at an ffl in the buyers state of residence.
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one-eyed Jack
Manufacturer
That makes it, what, 1022 posts on this? Jack.
D
Deleted member 67409
Private seller to FFL03 buyer is a private person to a FFL transaction. The buyer is the FFL. The FFL is supposed to log the transaction into his bound book.
That being said, I don't think this situation applies. If OP had a 03, he'd probably be aware of the procedures and what is/isn't available for C&R'ing.
1023 now
KBCraig
NES Member
If you know why early 10/22s are C&R, you win a crackerjack prize.
JayMcB
NES Member
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- Aug 8, 2011
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I'd like to know this.
Also, I'd like to see Derek have to add a petabyte of storage for this forum for this question being earnestly asked so times than see one Pro-2a citizen get fvcked over by The Man because of a statist firearm law....you know, because SO many 'gun crimes' happen in shithole dump cities with a deer rifle....
NHCraigT
NES Member
How's about going easy on the OP.
They are new to the site (join date shows 1/20/20). Looks like their first post, so possibly a newer gun owner and does not know what all of the laws are.
Welcome to the site and the community OP. Hope the answers here help.
CrackPot
NES Member
Federal law permits the transfer of firearms between two unlicensed persons ONLY if
a) they are in a state where they both are residents
b) neither is a federally prohibited person
a licensed person is a person who holds a federal firearms license, a FFL. This includes dealer (01), pawn (02), manufacture (07) AND C&R (03).
residence is as defined by the ATF, not by the state or other government bodies. Think of this as your home and your vacation home(s); so snow birds include both homes, or your MA house and your summer home in ME or NH all count.
If these conditions are met AND state law permits it you can perform a face to face transfer of a firearm.
The example by the OP fails condition (a) as one is a NH resident and the other is a MA resident
State laws also apply but in the OPs case they are not relevant since we fail federal law.
More federal law
1) a licensed person can acquire a firearm in any state
2) an unlicensed person can acquire a long gun from a licensed person (not 03) in any state as long as the long gun is legal to acquire in their state of residence (any state they reside in)
So as a licensed person living in MA can go to any state and buy guns (per federal law). You have to make sure it is also legal under that states law.
To transfer a shotgun between a MA and NH resident the gun needs to be brought to a FFL. Under federal law that can be an FFL in any state as the FFL can sell the gun (a long gun) to a resident of any state. Federally it is that simple. BUT, MA law only allows MA dealers to sell to holders of resident LTCs which means no bueno. The FFL has to be in NH, or ME or VT or any state that state law does not prohibit the sale of a long gun to an out of state resident.
So have your friend bring the gun to an FFL in NH and do the transfer there.
a) they are in a state where they both are residents
b) neither is a federally prohibited person
a licensed person is a person who holds a federal firearms license, a FFL. This includes dealer (01), pawn (02), manufacture (07) AND C&R (03).
residence is as defined by the ATF, not by the state or other government bodies. Think of this as your home and your vacation home(s); so snow birds include both homes, or your MA house and your summer home in ME or NH all count.
If these conditions are met AND state law permits it you can perform a face to face transfer of a firearm.
The example by the OP fails condition (a) as one is a NH resident and the other is a MA resident
State laws also apply but in the OPs case they are not relevant since we fail federal law.
More federal law
1) a licensed person can acquire a firearm in any state
2) an unlicensed person can acquire a long gun from a licensed person (not 03) in any state as long as the long gun is legal to acquire in their state of residence (any state they reside in)
So as a licensed person living in MA can go to any state and buy guns (per federal law). You have to make sure it is also legal under that states law.
To transfer a shotgun between a MA and NH resident the gun needs to be brought to a FFL. Under federal law that can be an FFL in any state as the FFL can sell the gun (a long gun) to a resident of any state. Federally it is that simple. BUT, MA law only allows MA dealers to sell to holders of resident LTCs which means no bueno. The FFL has to be in NH, or ME or VT or any state that state law does not prohibit the sale of a long gun to an out of state resident.
So have your friend bring the gun to an FFL in NH and do the transfer there.
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It was not directed at him. It was a general comment......I know plenty of gun owners that have owned guns for years that don't know the fed law......some that have even made private purchases and sales over state lines and didn't know it was a felony! Then corrected themselves and took the gun to an ffl for the transfer.
KBCraig
NES Member
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