Purchasing antique firearm out of state

[Mustang5L5]

So my dad has interest in an 1870s colt pistol he found while on vacation in New Orleans. Shop won't ship to MA however.

He's interested in buying it, but unsure how to complete a purchase like this. Any advice?

 

[R_Wilson]

have him get his FFL03 curio & relics license and then they should be able to mail directly to him without MA ffl involvement

 

[cockpitbob]

Inter-state handgun transfers have to come in through an FFL. I don't believe there's any legal reason to not do the transfer. The New Orleans shop probably is afraid of Maura or something. If you haven't, give them a call and see what their reasons are.

For future reference, you should check out Len-2A's thread Every Shooter Should Get a C&R FFL. Basically any of us can do the paperwork and become an "-03 FFL" meaning you are a "collector", not dealer or manufacturer. You can't make any money buying/selling and you are limited to guns at least 50 years old. Buy you are a real FFL and can have handguns shipped right to your door.
EDIT: I was too slow proof reading and R_Wilson beat me to the -03 FFL suggestion.

 

[Mustang5L5]

have him get his FFL03 curio & relics license and then they should be able to mail directly to him without MA ffl involvement

Not a bad suggestion, but in this case he's looking to do it ASAP.

No idea why the shop won't ship to MA other than the usually not wanting to get involved with MA BS.

He's on the fence about it now, so probably not going to overthink this too hard

 

[jpm]

If its made prior to 1899 then I believe it is not subject to the typical laws regarding transfer of firearms, which means it can be sold and shipped right to him with no FFL required unless I'm missing something in the question. He's not a prohibited person I assume? It shouldn't be a straw purchase to have someone from a different state buy it for him since there's no 4473 being filled out, etc.

 

[Picton]

If its made prior to 1899 then I believe it is not subject to the typical laws regarding transfer of firearms, which means it can be sold and shipped right to him with no FFL required unless I'm missing something in the question. He's not a prohibited person I assume? It shouldn't be a straw purchase to have someone from a different state buy it for him since there's no 4473 being filled out, etc.

This.

Pre-1898 isn’t legally a firearm. No?

 

[jpm]

This.

Pre-1898 isn’t legally a firearm. No?

That's been my understanding and experience. Bought a trapdoor at a well established store near me (one that wouldn't do something to jeopardize their license) and needed to give nothing more than the money and walked out with the gun and a register receipt and that's it!

 

[Len-2A Training]

That's been my understanding and experience. Bought a trapdoor at a well established store near me (one that wouldn't do something to jeopardize their license) and needed to give nothing more than the money and walked out with the gun and a register receipt and that's it!

Ditto, did the same on a Trapdoor. Didn't need my C&R FFL, nothing but payment.

 

[Mustang5L5]

If its made prior to 1899 then I believe it is not subject to the typical laws regarding transfer of firearms, which means it can be sold and shipped right to him with no FFL required unless I'm missing something in the question. He's not a prohibited person I assume? It shouldn't be a straw purchase to have someone from a different state buy it for him since there's no 4473 being filled out, etc.

Not a prohibited person. Has a MA license. Everything in good standing. Shop apparently just doesn't want to have anything to do with MA.

Probably going to pass on it. We discussed and I think he can do better

 

[EJFudd]

Shop apparently just doesn't want to have anything to do with MA.

I'm up against this same problem on an older collectible S&W revolver I'm looking at: Remote dealer just refuses to do business with any entity in Massachusetts. The revolver is not quite C&R, but it wouldn't make any difference. Just another benefit of living in the People's Republic of Taxachusetts.

 

[CrackPot]

I'm up against this same problem on an older collectible S&W revolver I'm looking at: Remote dealer just refuses to do business with any entity in Massachusetts. The revolver is not quite C&R, but it wouldn't make any difference. Just another benefit of living in the People's Republic of Taxachusetts.

LOTS of entities out there that have the mindset of "you are the moron who lives in a state with laws I cant begin to comprehend so I am not going to do business with ANYONE from MA". It is true of retailers, distributors, manufacturers, wholesalers, etc.

As a FFL07/MA dealer, legally I can buy/possess, just about anything. I have a long list of companies that will NOT ship anything to me. I can quote chapter and verse of MA law to show them why it is ok and they just don't care. There at least 40 or so states that they can do business with without the drama and prefer it that way.

 

[jpm]

Not a prohibited person. Has a MA license. Everything in good standing. Shop apparently just doesn't want to have anything to do with MA.

Probably going to pass on it. We discussed and I think he can do better

He could still have someone in another state buy it for him then ship it to him since he's GTG and its antique.

These folks have a lot of nice pieces, new/C&R/and antiques and they will ship wherever: Collectors Firearms He can probably find something there he likes.

 

[aim]

Some possible options?

Have a non-MA FFL buy it and ship it on.

Pay a MA FFL to travel to New Orleans and ship it back.

Since this is not a firearm the buyer could travel to New Orleans, purchase the item F2F, and return with it.

Note that not having an LTC may be a problem for the buyer during transportation however, considering that
the exemption for antique guns under C. 140 § 121 doesn't apply to C. 269 § 10 (Commonwealth vs. Bibby)

 

[radioman]

As far as I’ve been told before 1899 it might as well be a brick.
Not even considered to be a firearm.
Couldn’t he just buy it, put in his luggage and take it home with him?
Maybe disassemble it if he’s worried about something?
I have no experience traveling with pre-1899 firearms I’m only relaying what I’ve been told.

 

[jpm]

he could just buy it there and mail it to himself before he went home! As you said, its a brick.