Seeking Clarification regarding FFL new sale vs used private sale

[mike59271]

Hey all,

I won't name the FFL's from this encounter, but will mention that they are both located in MA.

Here's the deal. I am looking to buy a Beretta M9A3. However, it is not on the MA Gun Roster.

However, I found one for sale, NEW, from an FFL in MA and went to check it out. I ended up not buying just because of finances but then happened to go to another FFL to buy some ammo on the way home since the first FFL had inflated prices.

I mentioned to the owner that I was looking for an M9A3 and asked if he would be able to get one at a better price point. His response was that it is illegal since it's not on the roster and that what the First FFL was doing was illegal with the exception being that he would be allowed to sell to LEO's since they are exempt. Then telling me that I would be free and legal to buy it from a personal private sale.

I am so confused on this. Let's assume for a moment that I am in possession of said gun, and I happen to use it in self-defense. The cops check out the gun to see if it's all legal.

Under what circumstances would I be safe and which would I be in trouble?

New FFL Sale
Used FFL Sale
Used Private Sale

What's the deal?

 

[LuvToGoFast]

Dealers can sell what’s on the roster. If you find what you want and a dealer will sell it to you, then buy it and be happy.

 

[mike59271]

Sure, but it's not on the roster and the FFL is still selling it. So, my question would be, if I bought it and used it, would I get pinched for having a non-compliant gun? Who would be at fault there?

 

[milktree]

The laws govern what a *DEALER* can *SELL* to a *NON-DEALER*.

The laws say nothing about what you can buy, or what a non-dealer can sell.

 

[appraiser]

in no way are you ever in trouble

If a FFL chooses to sell a gun to you, it is on them, not you

so get the gun by any (legal) avenue you can.

Where here it gets sticky is magazines, on any new gun you are limited to 10 round magazines and it is up to you not to posses them post AWB94 effective date construction

look at all the gen5 Glocks out there, there are ways around the law

 

[milktree]

Sure, but it's not on the roster and the FFL is still selling it. So, my question would be, if I bought it and used it, would I get pinched for having a non-compliant gun? Who would be at fault there?

No. There are no rosters about what we can *OWN*, only what a DEALER can SELL.

Note the emphasis.

If a dealer sells you something he shouldn't have, and he gets caught, the state and/or dealer might ask you to return it, but you can say, "no thanks! I'm keeping it!" and you're in the clear.

individuals can buy or sell whatever they want.

(subject to the AWB crap, of course.)

 

[mike59271]

Got it, Thanks!! This really helped clear things up

 

[greencobra]

we're here for you to water the plants and feed the cat while you're away!

 

[Rob Boudrie]

If a dealer sells you something he shouldn't have, and he gets caught, the state and/or dealer might ask you to return it, but you can say, "no thanks! I'm keeping it!" and you're in the clear.

If you get such a request, reply with "Please have your attorney contact me with the details of the legal theory that dictates I must return the gun". Be aware that some ignoranus may contact your local PD for help, so make sure you are willing to deal with them on the issue, unless it's Brookline in which case contact Comm2A or hire an attorney for the appeal when your LTC is revoked for suitability.

If the dealer sells you a gun on the EOPS list, but not on the AG's "non-list" (like a new Glock), YOU are the VICTIM of an unfair and deceptive consumer trade practice. I doubt even our AG would try to prosecute someone on the legal theory of conspiring to commit a deceptive practice against themselves.

If the dealer sells you a gun not on the EOPS list the dealer has committed a criminal offense.

As mentioned before, you have not committed a civil or criminal violation in either case.

 

[CrackPot]

I would also point out that a dealer cannot sell offlist guns to LEO either. There is no exemption. LEO are exempt from the AG regulations. That is why we can sell glocks to LEO but not prisoners of MA

 

[SomeGuy]

Where does one find the AG's "non-list?"

 

[drgrant]

Under what circumstances would I be safe

all of them

and which would I be in trouble?

none of them, assuming other applicable laws followed

New FFL Sale
Used FFL Sale
Used Private Sale

What's the deal?

From dealer obeying compliance POV:
There is no difference between the first two, and the third is exempt if it goes FTF. (dealer doesn't touch it at all)

You would never be in trouble in any 3 cases. This is a dealer reg only and doesnt matter to you. So do yourself a favor and forget about as much of it as you possibly
can. Handgun compliance is a waste of time to even think about, unless you are a dealer engaged in selling handguns in the commonwealth.

 

[drgrant]

Where does one find the AG's "non-list?"

For the love of god, just stop thinking, stop caring about it. It doesn't f***ing matter.

I'm 110% serious about this. Unless you're going to become an FFL and sell guns in MA it literally doesn't matter.

Killing this thread, we've beat this to death here. any further compliance bullshit belongs here, thats how awful it is.

MA Handgun Compliance Q+A Thread (new)

I decided to start this thread because of the enormous amount of questions we get on this issue. Any URLs that you guys want me to add to the sticky, please post in thread. MA Handgun Compliance Q+A/FAQ: Q: How do I know if a handgun is "MA compliant" or not? How do all these...

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