WTK: Law RE:Pre-ban AR-15 From Out-Of-State Resident to MA Resident

[Kid Durango]

I'm thinking about selling my pre-ban Eagle Arms EA-15 and would appreciate any information regarding the legalities of selling this rifle to a MA resident or FFL if I live in another state.

Not even sure if I can do it or not.

Thanks guys.

 

[doobie]

You need to sell it through a FFL; you cannot sell it directly to them. If you do not have an LTC you'll need to be escorted with it, or bring it to an FFL in your state and have them ship it to MA.

You could also do a transfer at an FFL in your own state (if the MA buyer will travel there; and can buy it there). The MA buyer still needs an MA LTC-A.

 

[pdm]

You need to sell it to an FFL; you cannot sell it directly to them. If you do not have an LTC you'll need to be escorted with it, or bring it to an FFL in your state and have them ship it to MA.

You could also do a transfer at an FFL in your own state (if the MA buyer will travel there). The MA buyer still needs an MA LTC-A.

Sell it through an FFL, you mean.

 

[jrbtzx12r]

You need to sell it to an FFL

Sell it through an FFL, you mean.

Both of these statements are incorrect. You can sell the rifle to an individual meaning the cash is transferred between the two of you, but to transfer the rifle to the person in MA (if it is to be shipped). You will need to have the rifle shipped to an FFL in MA, who will then transfer the rifle or receiver to the individual (after a small fee of course).

IANAL, and I think I said that right.

 

[jpdopes]

Additional clarification: You do not have to use an FFL in your state. You can ship the gun yourself to an FFL in Mass. using a private carrier such as UPS or Fedex. However, it will probably be cheaper to have your FFL ship it.
As far as pre-ban legality goes you are fine. MA residents can possess and purchase (in state and out of state) pre-ban AR's as long as the gun was made into a full rifle before the ban.
There is plenty of info on this site about this...just use the search function.

 

[jrbtzx12r]

Additional clarification: You do not have to use an FFL in your state. You can ship the gun yourself to an FFL in Mass. using a private carrier such as UPS or Fedex. However, it will probably be cheaper to have your FFL ship it.
As far as pre-ban legality goes you are fine. MA residents can possess and purchase (in state and out of state) pre-ban AR's as long as the gun was made into a full rifle before the ban.
There is plenty of info on this site about this...just use the search function.

+1

 

[vellnueve]

Here's the short version.

The preban rifle, and any preban mags for it, may be transferred to an MA resident holding an LTC-B or LTC-A, but must be transferred through a FFL dealer, as is the case for a sale to anyone outside your own state. No special rules for MA other than the license requirement for the buyer.

DOOBIE, please note your error regarding the necessity of an LTC-A.

 

[n1heu]

If the buyer goes to another state to pay for and pick up the rifle and then brings it home to fill in an FA-10, would that be legal? Or does an FFL have to touch it at some point?

 

[jdubois]

You can ship the gun yourself to an FFL in Mass. using a private carrier such as UPS or Fedex.

Since it's a rifle and not a handgun, you can also ship it USPS.

If the buyer goes to another state to pay for and pick up the rifle and then brings it home to fill in an FA-10, would that be legal? Or does an FFL have to touch it at some point?

No, that's not legal. An FFL has to be involved for interstate transfers.

 

[BeerGuy]

No, that's not legal. An FFL has to be involved for interstate transfers.

Is that only for pre-ban rifles? I drove to NH, bought a Rem. 700 LTR and drove that baby right back into MA. Then I filed an FA-10 registering the rifle within the 7 day limit.

 

[BeerGuy]

Okay, though we did transfer through a NH FFL. I was thinking you meant it had to go through a MA FFL.

 

[vellnueve]

It must go through an FFL. Doesn't matter where the FFL is as long as it's an FFL (other than a C&R).

 

[jdubois]

Doesn't matter where the FFL is as long as it's an FFL (other than a C&R).

C&R FFL would be ok too, if the buyer is the FFL and the gun is C&R eligible. Interesting question about other types of FFLs, though. Like, say, would ATF take kindly to a gun manufacturer (07 FFL) transferring a random used gun for somebody?

 

[M1911]

It must go through an FFL. Doesn't matter where the FFL is as long as it's an FFL (other than a C&R).

Just for clarification, that is true for long guns. For handguns, however, the transfer must go through an FFL in the buyer's state of residence.

 

[jdubois]

There's an interesting quirk of federal law regarding out of state firearms transfers. It doesn't say anywhere that a non-FFL firearms transfer has to take place in your home state. Only that it has to be between residents of the same state. So you and your neighbor could legally go up to, say, NH, and transfer a firearm privately between you. However, there IS a law that states you cannot import into your state of residence any firearm you acquired outside that state. So, while you could legally transfer the firearm privately out of state (again, only from another resident of your home state), you couldn't bring it back home without shipping it to an FFL in your home state and doing a second transfer.

I know, I know, in effect, it results in pretty much the same thing as just saying "no private transfers outside of your home state". But it's interesting none the less. The only case I could possibly see it as being useful is if you wanted to buy an off-list handgun from another MA resident who has already transferred four guns that year, that you intended to keep permanently at a location outside of the state (like, say, a summer cottage). That's a bit of a stretch, though.

 

[vellnueve]

Just for clarification, that is true for long guns. For handguns, however, the transfer must go through an FFL in the buyer's state of residence.

Yes, however this topic is specifically about an AR-15, which is why I posted that.

 

[M1911]

Yes, however this topic is specifically about an AR-15, which is why I posted that.

Agreed. I just wanted to make sure that readers realize that the rules are different for handguns.

 

[vellnueve]

Yep, probably good to note.