-
If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
-
Be sure to enter the NES/MFS May Giveaway ***Canik METE SFX***
Question for Len...
- Thread starter senorFrog
- Start date
Pistol, Glock sold to unsuspecting person . . . dealer faces $5K fine/gun by AG. Buyer can smile and enjoy his new purchase. Law is an anti-dealer law and has NO legal effect on buyer.
Mags, Felony possession at 5 years in jail/mag! Dealer can be charged, but buyer goes to jail and loses all rights forever.
Mags, Felony possession at 5 years in jail/mag! Dealer can be charged, but buyer goes to jail and loses all rights forever.
Well, you didn't think a total gun ban would pass into law, would it?
The mags are a start, and to get us used to being regulated. It grossly failed on a National Level, but the backlash hasn't cost enough politicians their jobs, yet.
The mags are a start, and to get us used to being regulated. It grossly failed on a National Level, but the backlash hasn't cost enough politicians their jobs, yet.
LenS said:
Not to split hairs, but what about on a private sale, no dealer or FFL involved.
Say you find a 3rd Generation Glock w/Non-Hi Cap mags on the classifieds here. They seller informs you it's legally in the state. You purchase the psitol. In addition to the bill of sale, the sign a doc stating the same. They fill out and file the FA-10. Now, assume you find out later that the gun did NOT enter the state legally. What are the repercussions for the buyer?
SF, please do a little searching here. . . been covered dozens of times.
Anyone can move in with handguns they bought the day before they moved here, sell them the day they get their LTC and that is perfectly legal! Said guns can only be sold in FTF transaction privately, NO dealer in MA can handle it (it becomes a crime for them to do the deal).
Mags are a different story . . . mere possession is a felony, so moving in with banned mags is bad ju-ju.
Anyone can move in with handguns they bought the day before they moved here, sell them the day they get their LTC and that is perfectly legal! Said guns can only be sold in FTF transaction privately, NO dealer in MA can handle it (it becomes a crime for them to do the deal).
Mags are a different story . . . mere possession is a felony, so moving in with banned mags is bad ju-ju.
hminsky said:
They apply to ALL MAGS, regardless of type of gun they fit. Even if you don't own the gun they fit, etc.
LenS said:
Len, I'm aware of the loophole.
My question is if the BUYER on an private FTF finds out LATER that the pistol actually came into the state ILLEGALLY. What exposure does the BUYER have.
Frequently in the classifieds there are banned guns for sale. The SELLER claims it came into the state LEGALLY. What if you bought it and found out later that the SELLER was lying?
Maybe I'm missing something in the law, but how does a pistol come into the state illegally? A handgun that's not on the list cannot be brought into the state by a dealer unless it's a pre-98. An individual moving into Ma. can bring any pistol they want and once they're licensed can sell this gun FTF to another licensee. If someone is running illegal guns into Ma. to be sold on the streets, well, that's a different ballgame. This is the way I understand the law, maybe someone more knowledgable can jump in. ![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
If both you and the seller have Mass resident LTC's and do a FTF transfer, then your only exposure would be if the gun is per se illegal, i.e., a banned "baby-killing scarry-looking black plastic gun". You're not the one that illegally imported the gun; you didn't have any knowledge of its illegal importation nor could you reasonably be expected to be aware of it. The only potential liability would seem to be for the person who actually imported it illegally. As far as I'm aware, the only way someone with a valid Mass resident LTC could import a gun illegally would to make an illegal purchase out of state, opening them up to time in Club Fed.
Ken
Ken
wherewolf said:A handgun that's not on the list cannot be brought into the state by a dealer unless it's a pre-98...If someone is running illegal guns into Ma. to be sold on the streets, well, that's a different ballgame. This is the way I understand the law, maybe someone more knowledgable can jump in.
Couldn't 3Gen Glocks be LEGALLY puchased for a short time around 2000. Then the AG put them on his banned list. I know there is a note on four seasons website stating that Glock would like to have these guns returned.
Also, say the SELLER is dumb. Brings a 3Gen Glock w/NON-Hi Cap Mags into state illegally. Post in the board here it's FS. Isn't it the SELLERS responsibility to file the FTF papers? Again, say he's dumb and files them. Or never files them. In any case you have an illegal gun you thought you purchased on a private sale legally. What's your exposure?
Only reason I'm asking is because I would like to know how careful or paranoid I should be when dealing with Private Sales.
Thanks for input thus far.
Sorry but you are making me see cross-eyed. You are beating a horse that you've already beat to death, over and over again.
I have answered this question dozens of times here . . . do a search on a keyword or two and do some reading.
You won't believe what has already been said by me, Ken, wherewolf . . . sorry but nothing that we say seems to convince you.
My policy has always been (on buying or selling anything), if something doesn't feel right about the sale, I run away. That is the final advice I can give you here.
I'm giving up, and I don't give up easily!
I have answered this question dozens of times here . . . do a search on a keyword or two and do some reading.
You won't believe what has already been said by me, Ken, wherewolf . . . sorry but nothing that we say seems to convince you.
My policy has always been (on buying or selling anything), if something doesn't feel right about the sale, I run away. That is the final advice I can give you here.
I'm giving up, and I don't give up easily!
