Selling to someone who lives in Maine

[Maj. Boom Boom]

Hello All,

Question for ya. What is needed to be done to give/transfer/sell a firearm to someone who lives in Maine when i live in MA?

I have a friend in Maine who's daughter loves my 22 and i would like to give, transfer or sell - if i cant give, it to her or to her father if she is too young (14) to receive it herself. What paperwork needs to be done? I did a search in the Ma law section but nothing came up to address this.

Thank You my friends!

 

[Kicker96FS]

A 22 what?

If it's a rifle, just go sell it to her, but bring it up there and do it, she can't have it down here.

Not sure about the 14 thing in Maine but I think it's OK up there.

If it's a handgun, you have to do a FFL, dealer to dealer transfer because she is not a state resident and does not have a LTC for Mass. Besides, out of state transfers of a hand gun is a federal thing and highly regulated in this state. (LTC)

 

[Maj. Boom Boom]

sorry its a 22 rifle.

what i am mainly looking for is what i need for paperwork/records here in Ma both for myself (to prove i legally transferred it) and for the gov.

thanks for the reply.

A 22 what?

If it's a rifle, just go sell it to her, but bring it up there and do it, she can't have it down here.

Not sure about the 14 thing in Maine but I think it's OK up there.

If it's a handgun, you have to do a FFL, dealer to dealer transfer because she is not a state resident and does not have a LTC for Mass. Besides, out of state transfers of a hand gun is a federal thing and highly regulated in this state. (LTC)

 

[Jose]

A 22 what?

If it's a rifle, just go sell it to her, but bring it up there and do it, she can't have it down here.

Not sure about the 14 thing in Maine but I think it's OK up there.

If it's a handgun, you have to do a FFL, dealer to dealer transfer because she is not a state resident and does not have a LTC for Mass. Besides, out of state transfers of a hand gun is a federal thing and highly regulated in this state. (LTC)

NO!

There are several things wrong with your advice:

It is illegal, according to the Gun Control Act of 1968 to transfer ANY firearm from a non-licensee (you) to a non-licensee resident of another state unless the transfer is done by a federally licensed dealer in the state of residence of the RECEPIENT.

The term non-licensee means someone who is not a federally licensed dealer. It does not mean an LTC holder.

Massachussets law is irrelevant and unenforceable in Maine, or anywhere else for that matter. So the fact that people in Maine have no LTCs is irrelevant.

The rifle can either be personally delivered to a Maine FFL for transfer, it can be mailed through the USPS by the current owner to a Maine FFL, or it can be sent via common carrier (UPS etc) to same.

Also, firearms DO NOT have to go dealer to dealer in interstate commerce. That is NOT required by the GCA 68. Handguns are not mailable, but they are certainly legal for you to ship to a dealer in interstate commerce by using common carriers (UPS etc).

Geez, how could anyone risk a trip to the federal pound-me-in-the-a$$ prison for something that should be common knowledge?

 

[vellnueve]

Kicker96FS, I would refrain from giving legal advice if you don't know what you're talking about. You advice could land any potential reader in jail for a long time.

The one thing I would disagree with with Jose is that if it's a rifle, the transfer could be done at any FFL located in a state where such transfer was allowed, since rifles and shotguns may be purchased from FFLs in other states.

Other than that, Jose's pretty spot on. Must go through a dealer for sure, but since it's a rifle, you could transfer it to any dealer in any state where the recipient could legally receive the rifle from a dealer (such as NH) and then the dealer could then facilitate the transfer to the recipient from ME.

 

[Lynne]

A 22 what?

If it's a rifle, just go sell it to her, but bring it up there and do it, she can't have it down here.

(LTC)

Gun Control Act of 1968. You can't sell ANYthing FTF with a resident of another state.

I would suggest you spend some time reading the gun laws thread dear.

 

[M1911]

Must go through a dealer for sure, but since it's a rifle, you could transfer it to any dealer in any state where the recipient could legally receive the rifle from a dealer (such as NH) and then the dealer could then facilitate the transfer to the recipient from ME.

Yup, the transfer has to go through an FFL, and since it is a rifle, the transfer can go an FFL in any state. If it was a pistol, it would have to go through an FFL in the buyer's state (ME).

 

[Len-2A Training]

I would refrain from giving legal advice if you don't know what you're talking about. You advice could land any potential reader in jail for a long time.

I know that folks want to be helpful, but PLEASE think about what Mike posted above!

If YOU are not 1000% certain of the laws (both Fed and State, as applicable), I kindly suggest "passing" on trying to answer and let someone more knowledgeable tackle the question.

Giving out bad advice that could land someone in jail is not being helpful, even if you do it with the best of intentions.

 

[KMaurer]

Even the "corrected" advice above isn't exactly correct.

A rifle or shotgun can legally be transferred through an FFL in either the buyer's or seller's state of residence, not just any state. In this specific case, Massachusetts law won't an FFL who's a state licensed dealer transfer a gun to a non-resident, meaning that a Maine FFL would need to be used.

A handgun can legally be transferred only through an FFL in the buyer's state of residence. So given the two states involved, it doesn't matter whether it's a rifle or handgun. The transfer has to go through a Maine FFL.

Ken

 

[M1911]

A rifle or shotgun can legally be transferred through an FFL in either the buyer's or seller's state of residence, not just any state. In this specific case, Massachusetts law won't an FFL who's a state licensed dealer transfer a gun to a non-resident, meaning that a Maine FFL would need to be used.

Ken, I don't understand why a NH FFL could not be used to transfer a rifle from a MA resident to a ME resident.

From the ATF FAQ:

(B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

full text here: http://www.atf.gov/firearms/faq/faq2.htm#b2

 

[Kicker96FS]

Jeesh! What a cluster frak! You gentlemen are of course right, brain fart here, it was after all 4am. I was thinking in state. Sorry....................

 

[Maj. Boom Boom]

Thank You All Very Much!!

I started to look this all up but the search only came up with a few results and none really addressed my issue. Then i didn't know if it would be in the Ma or NH law section. I even started looking up the MGLs but at this stage of my still young firearms life I'm not sure where to look for what. I promise you i will try to learn them, i don't want to have to bug you fine people all the time.

Again my thanks to you all.

 

[vellnueve]

Ken, I don't understand why a NH FFL could not be used to transfer a rifle from a MA resident to a ME resident.

From the ATF FAQ:



full text here: http://www.atf.gov/firearms/faq/faq2.htm#b2

Yep. Think about it logically (yes, when talking federal law, there is some logic... A rifle owner can sell his rifle to any FFL in any state. A legally permissible buyer can buy the rifle from any FFL in any state where said purchase is legal. Thus, transferring between a MA and ME resident for a NH dealer is no big deal.