Purchase handgun from person recently moved to MA?

[Editor]

A friend recently moved from a "free state" to Massachusetts. He owns two handguns and actually has the original bills of sale/receipts for the purchases. The "free state" required no license, and he legally owned and possessed the firearms in that state. He has now moved to MA, has acquired his driver's license, is employed in MA, and MA is his permanent and only residence.

For reasons unknown, he is choosing not to apply for a MA LTC and intends to sell his handguns (one is a Sig on the MA lists and the other is a Colt, obviously not on the lists).

QUESTION: May he sell the guns directly to a MA resident who holds an LTC-A? And can a MA LTC-A holder legally purchase them from him and then file an FA-10 for registration? Or must he sell the guns to/through an FFL in MA?

(( Sorry if this is a FAQ. I've searched and can't find anything on point. ))

 

[SamH]

I believe in MASS he needs to first get his LTC, OR, find a FFL that will do the transfer.

 

[MisterHappy]

SamH is correct; in Mass, he must be licensed to sell to another licensed individual. An FFL is needed. The problem is that if it's a gun that's not "on the list" the FFL may not transfer it.


Check your local FFL, to find out if they're cool with it.

 

[adamdifilippo]

Mass.gov


Q: Can a Massachusetts resident sell a gun without being a licensed dealer?

A: Yes. Under M.G.L. c. 140, §128A, a Massachusetts resident may sell a gun provided that he lawfully possesses it with an appropriate FID Card or LTC, or is otherwise exempt, and that the person buying the gun is also properly licensed with the appropriate FID Card or LTC (depending on the type of gun being bought).


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[dcmdon]

Mass.gov


Q: Can a Massachusetts resident sell a gun without being a licensed dealer?

A: Yes. Under M.G.L. c. 140, §128A, a Massachusetts resident may sell a gun provided that he lawfully possesses it with an appropriate FID Card or LTC, or is otherwise exempt, and that the person buying the gun is also properly licensed with the appropriate FID Card or LTC (depending on the type of gun being bought).


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I see the law.

But he does lawfully possess it, under the 60 day exemption.

I'd give a person to person transfer a try with a FA10. The worst thing they can do is kick it back.

 

[Len-2A Training]

Must have a LTC in order to file an FA-10 and register a transaction.

IMNSHO that is the only reason for the exemption allowed new residents for not "registering" the guns they bring with them when they move to MA . . . they'd never have a LTC within the 7 days that the law requires for submittal of an FA-10.

Sorry, his only options are get a LTC or deal thru an FFL.

 

[JNewell]

Deleted redundant reply

 

[Editor]

Sorry, his only options are get a LTC or deal thru an FFL.

Thank you for responding to what must be a tired old theme. Appreciated!

 

[dcmdon]

Len,

I understand you point. But what would happen if someone with firearms legally here (under the 60 day exemption) actually filed an FA10.

I dont' think anyone knows. And if it did kick back, would the FRB actually make the buyer return the firearm?

Don

 

[Len-2A Training]

Len,

I understand you point. But what would happen if someone with firearms legally here (under the 60 day exemption) actually filed an FA10.

I dont' think anyone knows. And if it did kick back, would the FRB actually make the buyer return the firearm?

Don

It is my understanding from the Glidden seminars that I have attended that the ONLY thing the 60 day exemption allows you to do is . . . bring them into MA and lock them up (don't touch them) until you get licensed. Any movement of the gun w/o the LTC could lead to felony charges. I suggest that you read Comm v. Cornelius, 78 Mass App Ct 413 (2010). Horrendous decision with massive implications for anyone moving into MA.

If anyone glances at the FA-10 (paper) filed and sees no LTC # on it, it will raise serious questions and perhaps a prosecution. E-FA-10 won't allow you to proceed w/o a LTC #.

 

[wacky_doug]

It is my understanding from the Glidden seminars that I have attended that the ONLY thing the 60 day exemption allows you to do is . . . bring them into MA and lock them up (don't touch them) until you get licensed. Any movement of the gun w/o the LTC could lead to felony charges. I suggest that you read Comm v. Cornelius, 78 Mass App Ct 413 (2010). Horrendous decision with massive implications for anyone moving into MA.

If anyone glances at the FA-10 (paper) filed and sees no LTC # on it, it will raise serious questions and perhaps a prosecution. E-FA-10 won't allow you to proceed w/o a LTC #.

Sorry Editor. Len has spoken. You're not going to get more reliable information than this.

Look, I'm assuming this is a gun you really want, and it's hard to find in MA. Help your friend get his LTC. Offer to split the cost with him. It's $100 to $150 for most instructors. Assuming he doesn't have any disqualifying issues, you can then buy the gun. You'll just have to wait out the process.

 

[SamH]

CORNELIUS, COMMONWEALTH vs., 78 Mass. App. Ct. 413

COMMONWEALTH vs. CLINT A. CORNELIUS.
78 Mass. App. Ct. 413
July 24, 2009 - December 10, 2010

COMMONWEALTH vs. CLINT A. CORNELIUS. :: Volume 78 :: Court of Appeals Volumes :: Massachusetts Case Law :: US Case Law :: US Law :: Justia