Legal sale?? [Archive] - Glock Talk

PDA

View Full Version : Legal sale??


Romadoc
04-06-2009, 10:03
Can a person outside of Mass. legally sell a pre-1998 pistol to a Mass. resident?

lens
04-10-2009, 08:11
"Maybe"!

FTF sales between residents of different states is a Federal Felony, so regardless of state laws, this is a non-starter.

All sales of handguns between residents of different states MUST go thru an FFL in the new owner's state. Again Federal Law!

For a MA Dealer to make any handgun transfer to a MA Resident, the following must be met to comply with MGLs.

- New owner must have a LTC appropriate (Class B for low-cap handguns, Class A for any handguns).

- Handgun MUST be on the EOPS Approved Handgun Roster (typically only recent production guns are on this, and it's damn sparse). It is exempt IFF it was made pre-10/21/1998 AND registered in MA (to a dealer or resident) before that date. It can NOT be "imported" to MA if it never legally resided in MA prior to that date unless it's on the Approved Roster. [A new resident can bring in any non-AWB handgun when they move in and later sell it privately. Just completing a loop here, this is not pertinent to the OP's question.]

- An exemption exists for C&R guns being shipped to a MA Resident with a C&R FFL. Typically these guns are 50 yo or older.

BustedFlush
08-07-2009, 23:09
"Maybe"!

FTF sales between residents of different states is a Federal Felony, so regardless of state laws, this is a non-starter.

All sales of handguns between residents of different states MUST go thru an FFL in the new owner's state. Again Federal Law!

For a MA Dealer to make any handgun transfer to a MA Resident, the following must be met to comply with MGLs.

- New owner must have a LTC appropriate (Class B for low-cap handguns, Class A for any handguns).

- Handgun MUST be on the EOPS Approved Handgun Roster (typically only recent production guns are on this, and it's damn sparse). It is exempt IFF it was made pre-10/21/1998 AND registered in MA (to a dealer or resident) before that date. It can NOT be "imported" to MA if it never legally resided in MA prior to that date unless it's on the Approved Roster. [A new resident can bring in any non-AWB handgun when they move in and later sell it privately. Just completing a loop here, this is not pertinent to the OP's question.]

- An exemption exists for C&R guns being shipped to a MA Resident with a C&R FFL. Typically these guns are 50 yo or older.

Old thread, don't know if folks are reading this. I'm usually pretty good with all the legal "ANDs and ORs". I'm in Florida, and Massachusetts law and AG ruling makes my head hurt.

Question: I own a pre 10/21/1998 Glock 27. Can I go through FFLs (FL and MA) and sell to properly licensed individual in state of Mass ? Or is this outlawed because it was never in the state of Mass ?

My reading of above by lens is that I can't sell to someone in Mass since G27 not on the approved list. But if so, begs question of why Mark at Summit Gun Brokers in MO lists Mass Compliant Glock 26's for sale.

Help me out folks.

BF

BustedFlush
08-07-2009, 23:12
Additional info ...

see this thread in same NE forum

http://glocktalk.com/forums/showthread.php?t=913583

wheel says out of state individual can sell to MA resident, that the rule/law only applies to dealers

Is this so?

lens
08-08-2009, 07:17
ANY handgun on the EOPS List that was made before 10/21/1998 can be transferred by a MA FFL to a MA resident with a LTC. The EOPS List is updated on an irregular basis (avg is 4x/year). G27 is on the current list and I suspect that it has been for many years. So yes, you can sell your G27 to a MA resident by shipping to a MA FFL (new owner should check first with proposed MA FFL as some have no clue about MA laws and will refuse it) and a legal transfer can take place.

Here's the latest EOPS List (URL changes often):
http://www.mass.gov/Eeops/docs/chsb/firearms/Approved%20Firearms%20Roster%2004-2009.pdf