I'm trying to get a gift for a friend in MA and I'm wondering if you can transfer a stripped lower in MA? I know here in CT you can't after the passage of the new law (mainly because the state won't let you, the law is questionable on the topic), so I'm hoping somebody can help me out. I know they have a LTC as they have a Sig P226.
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Transferring a Stripped Lower
- Thread starter whubbard
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No reason to get a FFL involved for the transfer of a lower in MA. MA does not recognize a lower as a firearms so no fa10 either. Draw up a good bill of sale, make sure he has a valid LTC-A, and you're done.
But if you buy a lower from a FFL and plan on using it as a "gift" for a friend, you'd be lying on question 11a of the 4473. (Straw purchase).
But if you buy a lower from a FFL and plan on using it as a "gift" for a friend, you'd be lying on question 11a of the 4473. (Straw purchase).
MA does not consider a stripped lower as a firearm but a 4473 is required at time of purchase because the Feds consider it a firearm. If you purchase it in Conn it is considered a firearm. To legally do what you want to do buy your friend a gift certificate at the gun shop and have him purchase the lower and complete the 4473. What you want to do is tantamount to a straw purchase. Yes it's stupid and inconvenient and an affront to decent law abiding citizens.
IANAL
IANAL
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So he can purchase a firearm in Conn with the express purpose of gifting it to a person in another state? Does this apply to rifles only? If it apples to any firearm I will get my friend to purchase a KHAR CM9 for me in NH and then gift it to me.
Romokid
NES Member
No. You said what he was doing was tantamount to a straw purchase, which is incorrect. If he bought a lower (or any other firearm) and directly gifted it to his friend in in another state without going through an FFL, it would be an illegal interstate transfer, but it would not be a straw purchase.
The same would apply if you had a friend buy a CM9 in NH and gift it to you.
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Guns other than rifles and shotguns must go through an FFL, except by bequest.
The striped lower used to be checked on the 4473 as a rifle/shotgun, however, the BATFE decided they wanted to make a bit of law so the agency added a third box for frame/lower. By creating a third box, the stripped lower is no longer a rifle/shotgun for the purpose of 4473, an therefore subject to the same in-state only transfer restrictions as handguns.
A rifle can go across state lines without an FFL? I thought you still had to involve an FFL either in your state or in the state of purchase.
Another bit of ridiculousness to be aware of: the recent case of a police officer being nailed for a straw purchase because he bought a handgun for his father. It was discussed elsewhere here on NES.
inerlogic
NES Member
one FFL for long guns in either state, for handguns, FFLs (new owner's) state.....
thought i'd read that inter state transfers had to be to-from FFLs.... n/m
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FIFY!
Only legally requires one FFL at new owner's state. So private party can ship directly to new owner's FFL legally (many FFLs won't accept shipments other than from another FFL, but the law is clear).
This is what I thought the situation was - the same for handguns and long guns interstate with regards to federal law and FFLs. The biggest difference is that handguns can't go through USPS unless you have an FFL, whereas long guns can.
