Dear Penthouse Forum, I never thought…
Wait, wrong email.
Jay,
Since you are the official unofficial guru on the asshattery that is Massachusetts gun law I thought I’d write to you and ask this question:
Is it kosher for me, a non-resident, to do a face to facesale of a firearm to a resident of Massafuckingchusetts? Or do we need to go to an FFL, have the sale blessed by both a Rabbi and a Catholic priest and sacrifice four goats and a duck?
I would be selling my Glock 22 along with three 15 round magazines, the buyer is a buddy of mine who was just hired by [city], Mass PD and has to provide his own duty weapon that is a full frame size in a caliber of .40 or larger. He currently does not own any weapons that meet that requirement and so he is quite interested in purchasing my G22, since it is more or less a safe queen that hasn’t seen the light of day in close to a year and seriously, a fucking Glock should NOT be a safe queen.
Thoughts?
-MedicMatthew
Note1: Dear Penthouse forum... heh.
Note2: In the interest of saving time, the answer to any question that starts with "Is it legal in MA to..." regarding firearms is always "No".
Note3: Must refrain from commenting on queen...
But seriously, this is an excellent question for two reasons: there are Federal issues in the interstate transfer of firearms; and there are state issues in the "Approved Firearms Roster".
My quick response:
Good morning Matthew,More information on the interstate transfer of handguns can be found here, particularly:
The quick answer is that private transfer of handguns cannot occur across state lines. End of story - that was the Gun Control Act of 1968's work. At least one FFL will have to be involved, possibly two. If you can find an FFL to make the transfer, you might be able to bring the gun to them and they will transfer it to your friend from you with only one transfer needed.
You may be in luck in this case - since your friend is a police officer, you may be able to find an FFL willing to make the transfer of a NON-APPROVED (ZOMG) handgun - LEOs can buy guns that we mere mortals cannot. Apparently those unsafe Glocks that our esteemed Attorney General will not allow us to purchase because of their general unsafe construction magically become safer in the hands of OnlyOnes...
Sales Between IndividualsAn individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.
Person-to-person sales of firearms are verboten across state lines per Federal law. At least one FFL must be involved (on the receiving end). As for the Approved Firearms Roster, what I feared might happen (the MA FFL refusing the transfer) actually happened:
Okay, I don't have a problem involving an FFL, in fact as soon as I got your email I called my buddy to see if he could find an FFL to take care of the transfer and they told him that it would have had to have been manufactured before a certain date, which I don't understand because the Glock 22 is in fact on the Approved Firearms Roster.Why yes, yes it is on the Approved Firearms Roster:
Glock 22 .40 S&W
However, Glocks cannot be sold by an FFL in MA as per the AG's secondary rules (which are unpublished and known only to the MA AG). See this letter from Glock explaining to their dealers in MA that they cannot sell new Glocks in MA. No, it doesn't make any sense. Glock jumped through all the hoops they were supposed to jump through in order to sell handguns in MA (which I outlined as part of my interview with the President of Charter Arms at the NRA convention), yet still cannot sell any new pistols. Because the MA market is so small, they have decided not to sell in MA, period (except, of course, to Law Enforcement, who are exempt from the AG's regulations, natch).
Which is why a used and abused G26 will sell for $700+ in MA even though you can buy a new one for about $200 less in Free America, but I digress... As for the "made before a certain date", that's October of 1998 when the Gun Control Act of 1998 was passed making the Attorney General's office responsible for determining which handguns were suitable for sale to us
Madness? THIS IS MASSACHUSETTS!
Anyway, the story has a happy ending for Matthew and his friend:
Okay, it has all been sorted out. I have confirmed with the FFL and the local popo that I can in fact sell him the G22 since he is a law enforcement officer. Sorry for the multiple emails, he and I both had a moment of panic this morning because he needs the weapon soon and well, prison bitch isn't a title that I want to add to my resume any time soon.
Thanks for your help!
-Matt
Heh. Glad everything worked out; wish it didn't have to be so damned complicated.
That is all.
12 comments:
This. This is why I hate MA gun laws.
IT SHOULD NOT REQUIRE EIGHTEEN DIFFERENT RULES, SIX DIFFERENT LAWS, AN APPROVAL LIST THAT DOESN'T ACTUALLY APPROVE ANYTHING AND A @%#DAMN $^%@ING FLOWCHART TO DEAL WITH LEGAL FIREARMS AND LEGAL OWNERS.
Hope those mags are pre-September 13, 1994, or that the buyer is AWB-exempt.
@Kevin
If the buyer is a LEO, he's exempt from the AWB. LEOs, you see, are magically incapable of committing crimes, and since actually obeying the laws would be time consuming and complicated, they go ahead and exempt all LEOs from those laws.
Like guns wielded by LEOs, guns and magazines made before 1994 are magically safe even when they hold a dishonest amount of rounds. Guns imported before '88 are safer than guns imported after '88, but the safest kind of guns are guns made before '86. See in 1986, full-auto and burst-fire guns caught a plague which causes them to kill babies. Apparently, this plague goes into remission in the presence of certain types of FFL holders, as well as LEOs, certain military bases, and the US border.
Ok, I've vented enough spleen for the morning, back to work.
If his friend wouldn't mind buying a Kahr PM45, I'll make it well worth his while.
Dear professor know it all,
Why do people live in MA?
Confused,
Wally
A. Because we're stupid.
You're welcome.
Sweet sufferin' Shiva!
We've got the AWB to contend with (making the Ruger Charger, a 10-shot .22LR semiauto, illegal; a .50 DE is A-OK), and COBIS on new guns ... but that is just ...
just ...
Wow.
Explains why the Glocks I see on NES are $700-800 and Nothing Special.
Here's a protip, though: Glock offers LE pricing, making most of the popular service guns about $400. Unless he's getting it for less, that's going to be the best price going.
Just to add some more detail regarding LEO exceptions.
All transfers to LEOs are exempt from the AG regs. However, avoiding the AFR is more complex. Transfers of non-AFR guns has to go through the department, not just to an individual LEO.
Also, a related point. If a gun isn't on the AFR or AG-OK, it needs to have been legally owned in MA prior to 10/98 to be dealer transferable. If it's on the AFR but the AG hates it (Glocks being the prime example), it only needs to have been *manufactured* before the magic date. One of the major MA dealers makes a bunch of money by rounding up pre 98 police trade in glocks and selling them at a big markup to residents who don't understand that they could order them directly and only pay a transfer fee.
I am starting the process to get my Mass out of state LTC. Wish me luck.
libertyman, Why? Its $100 for a single-year permit. That's a bit rich for my blood.
Also the big nasty is traveling to Chelsey MA to do all the paperwork.
FYI I belive you have my email in case you need an armed wing-man for that shitty area. (You're also welcome to park at my place and take the train in if you feel the same as I do about driving in Boston)
I am thinking that I want to avoid getting caught out with anything firearms related in Mass. I do work there part time in lovely Lowell. I know $100.00/year is a lot, but I have a lot more to lose if there is a problem.
"Note3: Must refrain from commenting on queen..."
I LOL'd. VERY loudly. And actually startled someone next to me.
I'm actually humored that you printed the whole email exchange, snark & all. By Saturday at 1pm, my eeeevil Glock will be owned by a MA resident who will carry it both on and off duty just because he can.
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