1977 Colt Python legal to own/get shipped to MA from GunBroker?

[Rivers556]

Hi all,

Anyone here know if the older 60s/70s Pythons are legal to buy on GunBroker and have shipped to MA FFL for pickup?
I'm not really familiar with guns shipped from out of state/the laws.

Thanks!

 

[Reptile]

If manufactured before 10/21/1998 a gun does not have to comply with AG regulations.

Legal.

 

[jakeroub]

Ask the FFL you plan to have it shipped to. Also, consider getting a C&R license.

 

[AmeriKHAN]

Ask the FFL in question. My boss ordered a 2nd gen Colt SAA and it shipped to MFS in Holliston but, they wouldn't transfer it to him because of it not being on the approved handgun roster. They shipped it back to the seller and he had to wait to get his C&R license before the seller shipped the post office.

 

[milktree]

If manufactured before 10/21/1998 a gun does not have to comply with AG regulations.

Legal.

Not strictly true. The law says it has to be owned or possessed by an LTC holder before 10/21/1998.

Many shops will conflate "manufactured before" with "owned in Mass. before".

Since it's unlikely a pre ’98 gun was owned by an LTC holder, some shops will be more cautious and refuse to transfer such gun without some proof it was in-state before ’98.

 

[Reptile]

Not strictly true. The law says it has to be owned or possessed by an LTC holder before 10/21/1998.

Many shops will conflate "manufactured before" with "owned in Mass. before".

Since it's unlikely a pre ’98 gun was owned by an LTC holder, some shops will be more cautious and refuse to transfer such gun without some proof it was in-state before ’98.

I don't believe that.

Glidden's book says pre-98 is all good.

The state follows his interpretation.



2. TRANSFERS OF NEW AND USED HANDGUNS -- MANUFACTURE DATE


The Attorney General will enforce the regulations as follows:


Guns manufactured on or before October 21, 1998


If a handgun-purveyor transfers a new or used handgun that was manufactured on or beforeOctober 21, 1998, the handgun must meet applicable requirements of sections 16.05(1) and16.06 of the regulations. That means it must have an approved lock, and the dealer mustprovide the appropriate written and verbal warnings and disclosures upon transfer of thehandgun. The other requirements of the regulations will not apply.


Guns manufactured after October 21, 1998


If a handgun-purveyor transfers a new or used handgun that was manufactured after October21, 1998, the handgun must meet all requirements of the regulations applicable to that makeand model of handgun.

 

[Toast]

If manufactured before 10/21/1998 a gun does not have to comply with AG regulations.

Legal.

Whether it's legal or not, it all comes down to the FFL deciding to take it or not. I know an FFL who applies "the list" to everything regardless of age, and another who is rational. YMMV.

 

[gerrycaruso]

Just get a C&R license and much of this state's stupid nonsense goes away.

 

[greencobra]

and another who is rational.

is the ag rational?

this is a straightforward question with more than one answer/opinion ranging from the law to "what's rational."

 

[JDL]

Isn't there some kind of Massachusetts stupidity surrounding a hand gun C&R purchase?

 

[Toast]

is the ag rational?

No, the AG is an anti-American, leftist, racist zealot who will adopt any position she sees fit in order to maximize the implementation of her interpretation as to how society should be organized.

 

[Rockrivr1]

Isn't there some kind of Massachusetts stupidity surrounding a hand gun C&R purchase?

Not that Ive experience and I’ve had a C&R for over 20 years.

 

[not new guy]

All that matters is if you can find an FFL who will transfer it to you.

 

[milktree]

I don't believe that.

The law is quite clear:

MGL C. 140 §123
(o) [can't sell guns not on EOPSS list]

(p) Subsection (o) shall not apply to:

(i) a firearm lawfully owned or possessed under a license issued under this chapter on or before October 21, 1998;​

The fact that Glidden suggests something else might be a matter of practicality.

Glidden does not attempt to describe what the law says, he writes guidelines for cops.

"It's basically impossible to prove a gun wasn't possessed by a Mass. LTC holder sometime before 10/21/98, so don't bother prosecuting this one" is NOT the same as "it's legal to transfer a pre 10/21/98 gun"

 

[gerrycaruso]

The only problem I've ever seen is that some vendors will not recognize a C&R license if the holder is a Ma resident, even though it's a federal license.

 

[jakeroub]

Isn't there some kind of Massachusetts stupidity surrounding a hand gun C&R purchase?

Just the opposite, I think. I believe there is specific allowance for C&R license holders to bring C&R firearms into the state.

 

[IPSC_DRL]

Isn't there some kind of Massachusetts stupidity surrounding a hand gun C&R purchase?

No. I have a C&R FFL & have had handguns shipped to my door.
Completely legal state and Fed.

 

[dcmdon]

Let's be clear.

It's 100% legal to own and carry.

The question is if the retailer will do the transfer. If he does agreee to do the transfer any risk is 100% ON THE RETAILER.

In other words, if someone agrees to do it, then buy the gun without hesitation. There is ZERO risk to the buyer.

The wording of the law is to the effect of "A dealer may not sell or transfer". There are no limitations or restrictions on what the buyer may buy or what he may possess.

 

[Mark from ?]

All that matters is if you can find an FFL who will transfer it to you.

This is all you need to worry about on a revolver.

 

[Rob Boudrie]

Let's be clear.

It's 100% legal to own and carry.

The question is if the retailer will do the transfer. If he does agreee to do the transfer any risk is 100% ON THE RETAILER.

In other words, if someone agrees to do it, then buy the gun without hesitation. There is ZERO risk to the buyer.

The wording of the law is to the effect of "A dealer may not sell or transfer". There are no limitations or restrictions on what the buyer may buy or what he may possess.

If a purveyor of firearms transfers a handgun not on one of the lists (Lab Tested, Target, Roster) but denounced by the AG, the buyer has been the victim of an unfair and deceptive trade practice . So the risk is being such a victim, not a legal risk.

When Bass Pro sold AG-denounced Glocks, and was subsequently ratted out by the rat Bass Pro lied to buyers stating that "these guns have to be returned". If would have been worth buying one just to have fun with Bass Pro legal on that one.

 

[not new guy]

If a purveyor of firearms transfers a handgun not on one of the lists (Lab Tested, Target, Roster) but denounced by the AG, the buyer has been the victim of an unfair and deceptive trade practice . So the risk is being such a victim, not a legal risk.

When Bass Pro sold AG-denounced Glocks, and was subsequently ratted out by the rate, Bass Pro lied to buyers stating that "these guns have to be returned". If would have been worth buying one just to have fun with Bass Pro legal on that one.

So sellers should just have the buyers of such handguns sign a waiver, or a covenant not to file a claim with the AG's office. Everyone wins.

 

[dcmdon]

So sellers should just have the buyers of such handguns sign a waiver, or a covenant not to file a claim with the AG's office. Everyone wins.

Don't say "sellers". Because these restrictions don't apply to individual sellers. (people who don't hold a FFL and state of MA license to sell firearms)
They only apply to DEALERS.

This is why the NES classifieds are often a good place to pick up these guns. There are a number of ways for people to get them and if they sell them on the secondary market, then that's great for everyone.

If you are a cop, dealers can sell to you. If you own property out of state, you can buy the gun there and bring it into MA. (still subject to mag capacity limits and the AWB, though the AWB. rarely affects normal pistols)

If any of these people have a personal gun to sell, it's legal for all involved.

So even if a dealer has the buyer sign a waiver, it doesn't mean he's not subject to some kind of legal jeopardy. There are 2 levels.

1) the state police roster - this roster is based in law. If a dealer sells an off list gun, he is at real risk. Glocks are on the list.
2) the AG safety requirements - these involve loaded chamber indicators, manual safeties, and/or heavy triggers - If the dealer ignores this, he is at much less risk. Dealers sometimes ignore this.

Again, the buyer has no risk.

 

[Rob Boudrie]

So sellers should just have the buyers of such handguns sign a waiver, or a covenant not to file a claim with the AG's office. Everyone wins.

The AG still has the right to file a complaint even without a willing "victim". You could even be subpoenaed to testify you were victimized.

 

[MGnoob]

Just get a C&R license and much of this state's stupid nonsense goes away.

This is the correct answer. It’ll show up at your door.

“ this does not constitute legal advice, but you find a C&r in any other state. I don’t think they’re gonna ask twice about it”

 

[Dennis in MA]

It's got some finish problems, but there's a very early model nickel plated one at Armour Sports in Taunton. Like, very early.