Background check on private sales scenario...

[LoginName]

If I'm rambling/ranting/getting way ahead of myself, please let me know

Anyhow...

So, asshat gets elected and submits his grand scheme to require background checks for firearms sales between non-FFLs. Of course the Legislature obligingly votes in favor of it.

I'm assuming when Patrick says this, that it would go beyond private sales at gun shows and include any FTF transaction (including for sale listings here). Never mind the fact that there already is a de facto background check in place as the buyer must posses a valid FID/LTC and an FA-10 must be filed (creating a verifiable record of the transaction).

What could MA gun owners expect to happen?

At the very least it would mean paying a fee to have the background check initiated. It would also mean necessitating both parties having to meet-up either at an FFL or police station (if the background check goes through MIRCS)... and you can bet that if the background check is conducted by the PD, there's going to be some exorbitant fee and/or a set day and time when they will do it.

Whether or not that means a NICs check conducted by the FBI or a MIRCS check conducted by the State could have other implications... such as no more sales of "off list" handguns.

To the best of my knowledge, only an FFL can initiate a NICs check. Also (to the best of my knowledge), an FFL cannot simply pick up the phone to the NICs Operations Center and initiate a background check... every call must be preceded by completing a Form 4473.

Complicating matters, by MA law, an FFL cannot sell any handgun that is not on the EOPS list unless the firearm was registered in this state prior to 1998. What that means is that any post-1998 "off-list" handgun that was legally brought into this state cannot be transferred or sold to a MA resident (can be transferred/sold back out of state, LEO or another FFL only).

However, if it's simply an MIRCS check conducted by an FFL, would the FFL still be considered the transferring agent, or just a 3rd party conducting a background check by consent of the buyer?

I guess what I'm getting at here is that when this POS bill is introduced and passed (and it will in all likelihood pass), GOAL and MA gun owners had best be very cautious and on top of things with regard to the way the bill is worded.

 

[JonJ]

See what you can find in CA. Don't they require all handgun purchases to go via an FFL?
BTW: The PD would never be involved in the transfer process. It's hard enough for them to do LTCs and FIDs competently.

 

[FPrice]

My guess based upon discussions with my FFL is that the aim is to do away with private transactions and make all transfers go through an FFL. The MIRCs system produces an FA-10 on the computer. Why do you need a separate supply of FA-10s?

Just my paranoid guess.

 

[Rob Boudrie]

See what you can find in CA. Don't they require all handgun purchases to go via an FFL?
BTW: The PD would never be involved in the transfer process. It's hard enough for them to do LTCs and FIDs competently.

Private sales in CA have to go through a dealer - the DROS (dealer Record Of Sale) procedure. The fees are limited to $25 for the first handgun in a transaction and $31 for each additional handgun at the same time. The dealer gets $10 per gun of the fee.

 

[LoginName]

Private sales in CA have to go through a dealer - the DROS (dealer Record Of Sale) procedure. The fees are limited to $25 for the first handgun in a transaction and $31 for each additional handgun at the same time. The dealer gets $10 per gun of the fee.

So, applying CA rules (and CA does have it's own list of "allowable" firearms... much more comprehensive and no AG CMR regs, BTW), and the FFL is directly involved in the transaction, would that mean no more "off-list" handgun transactions?

Don't get me wrong, I'm not asking you directly... just speculating and wondering how bad this thing can turn out to be.

My prediction is that this is going to become a bureaucratic/legislative nightmare.

 

[Len-2A Training]

Yes, MGL currently does not allow any MA Dealer to TRANSFER any handgun not on the EOPS List AND AG Reg compliant, unless it was in-state on 10/21/98.

The law does NOT refer to "sales" but "transfers". Thus, this would stop inheritance (in almost all cases) and any transfers with non-List guns unless they were proven to be in-state on 10/21/98.

The supply of handguns in MA would shrivel exponentially, also a goal of folks like Devil/Mumbles!

The magnitude of impact of such a change is phenomenally higher than even Devil dreams!

 

[vellnueve]

From my reading of the laws C&R holders can utilize the NICS system (although it says they need not, doesn't mean they can't), so that might be one option.

 

[C-pher]

The supply of handguns in MA would shrivel exponentially for law abiding citizens, also a goal of folks like Devil/Mumbles!

Fixed it for you Len.

 

[C-pher]

You would think that this would lead to MORE illegal transfer of guns and more Straw Purchases.

Is it only me that thinks this???

 

[Len-2A Training]

From my reading of the laws C&R holders can utilize the NICS system (although it says they need not, doesn't mean they can't), so that might be one option.

Not true. BATFE must issue you a dealer number to access NICS and they won't do that for C&R holders.