Question on private sale

[MACCW34]

Hi All new to the fourm:

I have a question that I hope I can get some info on. A acquaintance of mine has a mass license because he has a business in mass (his main CCW is NH, NH resident). Can a private sale be completed by him to a mass resident or does it need to be ffl and following all the bs rules? I tried looking but really cannot find a solid yes no answer?

 

[PaulR]

I'd like to guess and see if I'm correct if I could, others please correct me.


The answer would be no.

Facts as I see them:

NH res -> Mass res = Requires FFl, no FTF allowed.
biz or non res license does not matter

I've been reading a lot of LenS's posts, so I'm feeling smart......not sure if I should feel that way or not.

 

[MachineHead]

If both people live in different states, regardless of carry licenses, the guns have to go through an FFL.

If it's a long gun, the buyer can buy it from the out of state FFL directly as long as it's legal to possess in the buyer's state. Handguns have to be sent to FFL in buyer's home state to complete 4473.

There might be more info involved but this is a basic view.

 

[PaulR]

Cool, so I was basically correct. I was going to add in the handgun vs rifle thing as I sorta knew that reading all the inheritance rules, but wasn't 100%.

 

[MACCW34]

If both people live in different states, regardless of carry licenses, the guns have to go through an FFL.

If it's a long gun, the buyer can buy it from the out of state FFL directly as long as it's legal to possess in the buyer's state. Handguns have to be sent to FFL in buyer's home state to complete 4473.

There might be more info involved but this is a basic view.

Thank you that is what i am getting as well its FFL

But let me ask this as his LTC does not indicate non resident and he has a PIN with it as well. So if his MA business address (he is checking on that for me) is the one that is on his MA LTC would that make him also a MA resident for that issue?

Sorry guys just asking to cover every base.

- - - Updated - - -

Thank you

 

[MachineHead]

This might apply here:

May a person who resides in one State and owns property in another State purchase a firearm in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.

[27 CFR 478.11]

https://www.atf.gov/questions-and-a...tate-and-owns-property-another-state-purchase

It doesn't sound like your acquaintance lives at his business and even if he owns the property the business is on, it's still not legal. Personally, I'd be on the safe side and stick with the FFLs.

 

[Asaltweapon]

Pistol FFL only "legal residence".

Long arms. Why bother

AR/AK NFW.

 

[Len-2A Training]

I'd like to guess and see if I'm correct if I could, others please correct me.


The answer would be no.

Facts as I see them:

NH res -> Mass res = Requires FFl, no FTF allowed.
biz or non res license does not matter

I've been reading a lot of LenS's posts, so I'm feeling smart......not sure if I should feel that way or not.

You are correct. Fed Law applies here. Licenses are irrelevant to the issue at hand.

Thank you that is what i am getting as well its FFL

But let me ask this as his LTC does not indicate non resident and he has a PIN with it as well. So if his MA business address (he is checking on that for me) is the one that is on his MA LTC would that make him also a MA resident for that issue?

Sorry guys just asking to cover every base.

Thank you

Both would be facing a Federal Felony, even if the MIRCS system allowed the transaction.

Fed Law has nothing to do with licenses/permits and it is very clear in black and white . . . it is all about residency, nothing else.

 

[CaseHardened]

I've been reading a lot of LenS's posts, so I'm feeling smart......not sure if I should feel that way or not.

Last time I felt smart I screwed it all up.

Now I just leave it to Len-2A Training for my answers.

 

[FrugalFannie]

Thank you that is what i am getting as well its FFL

But let me ask this as his LTC does not indicate non resident and he has a PIN with it as well. So if his MA business address (he is checking on that for me) is the one that is on his MA LTC would that make him also a MA resident for that issue?

Sorry guys just asking to cover every base.

- - - Updated - - -

Thank you

No. The business address does not "make him a resident" for purposes of transferring a firearm. I had a "resident license" in MA after I move d to NH because of my business being in MA. Didn't mean I could buy in MA.