Puchase of Used Firearms from out of State

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Having read other posts, I'm still unclear about purchase of USED firearms from out of state. IE: Generation 4 Glocks (for scenario sake). According to EOPS approved roster list, Glock is o.k. Now, according to the AG regulations, as referenced here , it seems as though it'd be ok as well according to "16.07: Transfers of Used Handguns". However, once thing that's confusing me, is all those reg's end with "...was manufactured prior to the enforcement date for 940 CMR 16.0--". What date is being referenced?

I'm pretty sure if a law enforcement officer goes into a MA dealer and buys a brand new gun (Glock) for duty, he can turn around and sell it private party to a MA civilian and they can legally own/possess it cause it's "preowned". So my train of thought here is if someone in, lets say NH, wants to sell their brand new gun, why couldnt a MA resident buy that seeing as how it'd be "preowned" as well?

Im no lawyer, so maybe I'm missing something that's blatantly right in front of my eyes. Any info is much appreciated, thanks!
 

DickWanner

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OnTheRoad

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Without wading into what is and isn't AG and EOPS-approved, the involvement of an FFL in the transaction is what derails an "off-list" transaction and it is the FFL's role that is regulated by the State.

A "preowned" pistol in MA can be sold face to face between residents without involving a dealer and that is why the AG/EOPS approval criteria is irrelevant as there is no authority to regulate that transaction. Since a pistol coming in from out of state has to go through an FFL, the transfer from the FFL to the buyer comes under the regulations and if it is not a blessed gun the FFL cannot complete the transfer. You can buy it, there's just no lawful way to take possession of it from the FFL.

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drgrant

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What date is being referenced?

10/21/98 generally.

I'm pretty sure if a law enforcement officer goes into a MA dealer and buys a brand new gun (Glock) for duty, he can turn around and sell it private party to a MA civilian and they can legally own/possess it cause it's "preowned". So my train of thought here is if someone in, lets say NH, wants to sell their brand new gun, why couldnt a MA resident buy that seeing as how it'd be "preowned" as well?

You're reading too far into the regs/laws. It's a lot less complicated than all that stuff you just invented. Pre owned is meaningless in the law. There are ZERO ownership/possession issues with "non compliant" handguns. The regulated act is MA dealer based transfers, not private FTF sales- which are completely exempt from these laws/regulations.

Read this faq, here....

http://www.northeastshooters.com/vbulletin/threads/37553-MA-Handgun-Compliance-Q-A-Thread-(new)

I'm closing this because this topic gets beaten like a rented mule around here. If you have questions, please post them in the faq thread, and at least read it, first...

-Mike
 
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