Questions about older (pre-1998) handguns

[Marcus in the Darkus]

I'm trying to work my way through the convoluted Mass regs that pertain to legality of firearms purcases. Specifically, I want to know whether I could buy an older gun from an out-of-state source and have it transferred to my local FFL where I would pick it up. Lets say I'm interested in a 1960's vintage S&W Model 27 .357 magnum revolver, or maybe a 1960s vintage Colt Python.

Since the gun would have pre-dated the 21 October 1998 AG regulations therefore they would be exempt from those regs. That leaves the Approved Firearms Register. These two revolver models are not listed on the Approved Firearms Roster, even though it stands to reason that they were, at the time of their manufacture, readily available in Massachusetts. So it appears to me the only way to legally buy these revolvers would be the exemption established by section 79 of Chapter 180 of the Acts of 1998:

“SECTION 79. Clause Eighteenth to Twenty-first, inclusive, of said section 123 of said chapter 140, inserted by section 19 of this act, shall not apply to any firearm lawfully owned or possessed under a license issued under said chapter 140 on the effective date of this act.”

Does this mean the specific gun I want would have to have been registered in Massachusetts before 1998? This would drastically limit the universe of available guns. Or does it mean the model was registered in Massachusetts prior to 1998 and that I can own any particular revolver of that model that I please? This would allow me to shop outside of Mass for a nice old revolver.

One other thought...don't the C&R exemptions apply to guns that are 50 years old or older? Could I get my C&R and buy a 1955 Colt Python (not that I could actually locate or afford one)?

 

[Lynne]

Does this mean the specific gun I want would have to have been registered in Massachusetts before 1998? This would drastically limit the universe of available guns. Or does it mean the model was registered in Massachusetts prior to 1998 and that I can own any particular revolver of that model that I please? This would allow me to shop outside of Mass for a nice old revolver.

One other thought...don't the C&R exemptions apply to guns that are 50 years old or older? Could I get my C&R and buy a 1955 Colt Python (not that I could actually locate or afford one)?

The gun has to be in MA prior to 10/1998. It only refers to the firearm itself, not the model of said firearm.

And, if the 1955 Colt Python is on the C&R list (I don't have mine handy to look it up right now), then yes, you can get a C&R and then hunt for one.

 

[Len-2A Training]

Mark, the gun has to be possessed by someone with a MA LTC or MA FFL ON 10/21/98 to be exempt from the law. Therefore, even if S&W made a gun in 1997 and shipped it to a distributor in CT (for the sake of argument) on 10/15/98, that gun would NOT be exempt. The exemption is for a SPECIFIC GUN, not a specific model of gun.

Yes, the intent was to dry up the supply of handguns in MA and it is very successful.

There are four ways to legally get a non-exempt handgun as a MA resident:
- Have it willed to you (by an out of state person), BUT you have to do the transfer WITHOUT a FFL (perfectly legal) otherwise the gun becomes "contraband in MA" and the FFL can NOT do the transfer.

- OWN property in another state, live there for an extended time and purchase the handgun as a RESIDENT of the second state (legal per BATF, not many FFLs will do this however). Bring said gun back to MA and file a FA-10 as "Registration" (no info on source, only info on gun and "purchaser").

- Someone moves into MA with a non-compliant gun. Said new MA Resident can sell it privately (up to 4 guns/year) once they get their MA LTC.

- Get a C&R FFL and you can get C&R qualified handguns (basically those >50 years old) shipped directly to you. Some distributors will refuse to ship to MA, but this is perfectly legal as long as you do NOT involve a MA Dealer FFL.

 

[KMaurer]

Len has all 4 workarounds down pat. If anyone actually finds themselves in a dual residency situation with involving NH, I know two NH dealers who are well aware of the law involved and more than willing to sell to part-time residents. The federal law and regulations don't specify just how long the "extended period" has to be to satisfy the requirements, but it would appear that living in a vacation home or rental for a weekend or a couple of weeks would not work, but that a spending the summer in a seasonal rental or vacation home would.

Ken

 

[bobr]

Last year my father passed away in Florida and left me and my brother his small collections of firearms. I got the shotguns I had as a boy and the 20 year old Colt Python. I have since had the shotguns sent to a local FFL and legally registered in MA. I have an MA Class A LTC. However, because of our great guns laws that were created to "protect us" I cannot find an FFL that will accept the Python. It is not on the "approved list".

LenS comment about legally getting an non-exempt handgun as a MA resident appears to solve this problem.

"- Have it willed to you (by an out of state person), BUT you have to do the transfer WITHOUT a FFL (perfectly legal) otherwise the gun becomes "contraband in MA" and the FFL can NOT do the transfer.
"

Does anybody have a suggestion as to how I initiate this process? I want to be legal so I will register the Python once I have it.

This was a verbal presentation of the firearms so there is no written will detailing the transfer of the Python. However there were family witnesses.

The big question is what is meant by "transfer WITHOUT a FFL (perfectly legal) "? How is this done?

bobr