Selling firearms previously registered in MA after moved out of state

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Forgive me if there are other threads on this topic. I'm having a hard time finding what I am looking for.

My question is, if someone purchased and registered firearms in MA when they lived there. Say a Colt 1911 and WASR10, for example. And then they moved out of state. But this person understands how difficult it is for firearms owners in MA to purchase these legally, and they wanted to sell them back to someone in MA legally, can that be done? And if so, how? I understand that this would have to go through an FFL because it would be an interstate sale. But I'm wondering if there is MA speciffic law regarding this, and particularly with the types of firearms that are considered "pre-ban".
 

CrackPot

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Being from MA is irrelevant unless you are discussing pre 1998 off roster handguns where proof they were in state helps with dealer transfer/sales.

Frame transfer covers any off roster handguns in all cases anyway.

The WASR is a post 94 AK and illegal in any case “AK, all models” is what the MA AWB says.

MA does not have registration.
 

Rob Boudrie

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I thought MA had registration. Isn't that what the FA10 form of for?
It is "defacto registration", but not in the sense of "every gun, accurate records" and there are ways (moving in, for example) to have guns not in the database. Plus, they are not removed when reported as sold to someone else.

NY has "real registration" for handguns - serial number on your pistol permit; cannot loan to anyone who does not have that serial number on the permit; offense to possess a handgun not on your permit even if permit is valid - makes MA look like amateur hour.
 
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Being from MA is irrelevant unless you are discussing pre 1998 off roster handguns where proof they were in state helps with dealer transfer/sales.

Frame transfer covers any off roster handguns in all cases anyway.

The WASR is a post 94 AK and illegal in any case “AK, all models” is what the MA AWB

So, does this more or less mean that a pre-1998 handgun can be transferred into MA but a WASR10 cannot be?
 
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Any handgun can be transferred via frame transfer.

No post 94 AKs
Got it. And does the term “frame transfer” mean some specific method of transferring a pre-1998 handgun that I’m probably unaware of? Or is this simply transferring through an FFL to another private party? I haven’t heard of the term “frame transfer” yet.
 

Shevchenko

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Got it. And does the term “frame transfer” mean some specific method of transferring a pre-1998 handgun that I’m probably unaware of? Or is this simply transferring through an FFL to another private party? I haven’t heard of the term “frame transfer” yet.
transfer the serialized part, sell the rest "separately"
 

CrackPot

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Got it. And does the term “frame transfer” mean some specific method of transferring a pre-1998 handgun that I’m probably unaware of? Or is this simply transferring through an FFL to another private party? I haven’t heard of the term “frame transfer” yet.
it
has
nothing
to
do
with
pre
1998
 
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transfer the serialized part, sell the rest "separately"
I see. I'm glad for the answers so far in this thread. I think it is kind of making me re-think the idea of selling them in MA. I don't want to be in the gray area of MA law or take any risks. I understand that may be a sort of cowardly approach. But I don't want my ignorance of the law to get me in trouble.

I was hoping the answer would be something simple like: "Yes, any firearm previously registered in MA can be sold to a MA resident from an out of state resident through a MA FFL". That way certain firearms that are not available in new production form due to MA roster/AWB could remain in MA for the poor souls who happen to be subject to MA law and want to legally own them.
 

Len-2A Training

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No post 94 AKs
I am going to respectfully disagree here.

Since MA had no law banning any so-called AWs until 1998, she can't ban something that was unquestionably legal in MA prior to that date and she has alluded to this fact a number of times in the past. If you search the URL I'll post below for "1998", IIRC this quoted sentence is repeated 3 times.

The Enforcement Notice explains how the AGO will enforce a law – the Assault Weapons ban – that was enacted in 1998 to protect public safety.
Frequently Asked Questions about the Assault Weapons Ban Enforcement Notice

I realize that almost every MA Dealer interprets it as nothing made after 9/13/1994, but that doesn't make it a correct legal interpretation. You might ask your legal counsel about this, not that it will change most dealer practices.
 

42!

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OP mentioned a 1911, which could be C&R eligible, is MA honoring C&R now?
 

CrackPot

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I am going to respectfully disagree here.

Since MA had no law banning any so-called AWs until 1998, she can't ban something that was unquestionably legal in MA prior to that date and she has alluded to this fact a number of times in the past. If you search the URL I'll post below for "1998", IIRC this quoted sentence is repeated 3 times.


Frequently Asked Questions about the Assault Weapons Ban Enforcement Notice

I realize that almost every MA Dealer interprets it as nothing made after 9/13/1994, but that doesn't make it a correct legal interpretation. You might ask your legal counsel about this, not that it will change most dealer practices.
It’s not about she. I ignore her press conference and resulting web posts.

Yes, there is a narrow case for AKs post 94 and pre 98 that were not federally banned yet caught by the slightly broader MA language. It is a thin ledge to stand on yet with enough time and money you might be successful.
 

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No post 94 AKs
I am going to respectfully disagree here. Since MA had no law banning any so-called AWs until 1998, she can't ban something that was unquestionably legal in MA prior to that date and she has alluded to this fact a number of times in the past. If you search the URL I'll post below for "1998", IIRC this quoted sentence is repeated 3 times.
The premise of the underscored proposition does not support the conclusion.

Consider 940 CMR (Office of the Attorney General) §16.00 (Handguns).
A.k.a. the "AG's regs".

Their legislative basis is MGL Ch. 93A §2(a), §2(c): Unfair practices; legislative intent; rules and regulations

(a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.​
...
(c) The attorney general may make rules and regulations interpreting the provisions of subsection 2(a) of this chapter. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act), as from time to time amended.​

None of the words "handgun", "pistol", "revolver", or "firearm" appear in the enabling statute.

Yet Marsha claims the right to prosecute
the commercial sale of any handguns she doesn't like
as unlawfully unfair/deceptive practices.

Did she cite some actual law limiting her assault weapon powers?
Or did she merely imply that the only source of her gun-banning powers was the AWB statute?

Do some other laws prevent Marsha from unilaterally promulgating
additional "double-secret probation" bans on commercial sales of any or all longarms?

We already know that she breaks promises and that she arrogates unconstitutional powers to herself.
It wouldn't be prudent to trust she won't step further over the line.
2quggm.gif


Non-existence proofs are difficult.
 

Len-2A Training

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@AHM , you are referring to handguns and I'm addressing the allegation that all AKs are banned if made after 9/13/1994.
 

AHM

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@AHM , you are referring to handguns and I'm addressing the allegation that all AKs are banned if made after 9/13/1994.
No, I am referring to the various powers of the Mass Attorney General
to ban the commercial sale of any gun at whim:
Since MA had no law banning any so-called AWs until 1998, she can't ban something that was unquestionably legal in MA prior to that date ...
She doesn't derive all of her gun-banning powers from gun-specific statutes.
 

AKMa3di

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It’s not about she. I ignore her press conference and resulting web posts.

Yes, there is a narrow case for AKs post 94 and pre 98 that were not federally banned yet caught by the slightly broader MA language. It is a thin ledge to stand on yet with enough time and money you might be successful.
I am going to respectfully disagree here.

Since MA had no law banning any so-called AWs until 1998, she can't ban something that was unquestionably legal in MA prior to that date and she has alluded to this fact a number of times in the past. If you search the URL I'll post below for "1998", IIRC this quoted sentence is repeated 3 times.


Frequently Asked Questions about the Assault Weapons Ban Enforcement Notice

I realize that almost every MA Dealer interprets it as nothing made after 9/13/1994, but that doesn't make it a correct legal interpretation. You might ask your legal counsel about this, not that it will change most dealer practices.


Interesting... What would you guys have to say about a post Sept. 1994 - pre 1998 AK that was feature compliant? There are a lot of ban-era imported AKs out there that came into the country during this time.

They were under stricter standards than "Assault weapons" since the 1989 import ban, basically came in with a thumbhole stock, no bayo lug, welded muzzle nut/no threads, many are already "feature compliant" as it is.
 
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Rob Boudrie

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Interesting... What would you guys have to say about a post Sept. 1994 - pre 1998 AK that was feature compliant? There are a lot of ban-era imported AKs out there that came into the country during this time.

They were under stricter standards than "Assault weapons" since the 1989 import ban, basically came in with a thumbhole stock, no bayo lug, welded muzzle nut/no threads, many are already "feature compliant" as it is.
The BATFE accepted "non standard threads" not compatible with available flash hiders as acceptable during the 1994-2004 period.
 

Mesatchornug

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I am going to respectfully disagree here.

Since MA had no law banning any so-called AWs until 1998, she can't ban something that was unquestionably legal in MA prior to that date and she has alluded to this fact a number of times in the past. If you search the URL I'll post below for "1998", IIRC this quoted sentence is repeated 3 times.


Frequently Asked Questions about the Assault Weapons Ban Enforcement Notice

I realize that almost every MA Dealer interprets it as nothing made after 9/13/1994, but that doesn't make it a correct legal interpretation. You might ask your legal counsel about this, not that it will change most dealer practices.
Isn't that because the law says to reproduce USC as of that date?
 

AKMa3di

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Agreed, but it clarified a mis-statement in the post. I have this thing about technical accuracy when it comes to quoting gun laws, regulations or rulings.
Funny you said that, I was just watching a video related to import laws and that exact wording came up! I apologize, Rob, that came off as rude on my part. Thanks for your clarification as that may be very helpful to another reader who is looking at this in the future. I totally get where you are coming from since that could be an answer to someone's question in the future.
 
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