C&R and Mass. FFL (but not Mass. dealer)

[milktree]

Say a Mass. based FFL01 who doesn’t have a Mass. dealer’s license (e.g. Gunbroker sales only) wants to sell a C&R gun to a Mass. based FFL03: can he hand the gun to the buyer in another state, (like at a gun show) or must it be shipped to the C&R holder?

I assume he can’t hand it to the buyer within Mass. because it triggers all the Mass. dealer laws and regulations. (Unless he transfers it to his personal collection first?)

I also assume the 01 and 03 can’t meet out of state NOT at a gun show and hand it off because of the federal rules about selling only from the 01’s place of business.

It seems like because Mass. laws are stupid, the only way for this transfer to happen would be through the mail.

Did I miss anything in my analysis?

 

[Knob Creek]

I've gotten a firearm from a FFL in several states to my C&R. In person in CT, NH, R.I, ME and Mass. I've had a FFL dealer in Mass without a Mass license ship several guns to my C&R in Mass.

 

[milktree]

I've gotten a firearm from a FFL in several states to my C&R. In person in CT, NH, R.I, ME and Mass.

Right. I've done that too. But in all of those cases the FFL01 was operating out of his place of business, not "meeting in a parking lot"

I've had a FFL dealer in Mass without a Mass license ship several guns to my C&R in Mass.

Right, but the "shipping" is the part I'd like to avoid. e.g.: go look at it, hand over money and FFL, get the gun and go home. It's stupid to have to then pay for and wait for shipping as it wastes time and is less secure/safe than simply handing it to me.

Obviously I'm not going to ask an FFL01 who mostly ships to make a special trip to another state just for me, 'cuz that would be a waste of his time.

 

[Knob Creek]

Right. I've done that too. But in all of those cases the FFL01 was operating out of his place of business, not "meeting in a parking lot"



Right, but the "shipping" is the part I'd like to avoid. e.g.: go look at it, hand over money and FFL, get the gun and go home. It's stupid to have to then pay for and wait for shipping as it wastes time and is less secure/safe than simply handing it to me.

Obviously I'm not going to ask an FFL01 who mostly ships to make a special trip to another state just for me, 'cuz that would be a waste of his time.

What do FFL dealers do at a Gun Show? Clearly not his place of business.

 

[drgrant]

Say a Mass. based FFL01 who doesn’t have a Mass. dealer’s license (e.g. Gunbroker sales only) wants to sell a C&R gun to a Mass. based FFL03: can he hand the gun to the buyer in another state, (like at a gun show) or must it be shipped to the C&R holder?

I assume he can’t hand it to the buyer within Mass. because it triggers all the Mass. dealer laws and regulations. (Unless he transfers it to his personal collection first?)

I also assume the 01 and 03 can’t meet out of state NOT at a gun show and hand it off because of the federal rules about selling only from the 01’s place of business.

It seems like because Mass. laws are stupid, the only way for this transfer to happen would be through the mail.

Did I miss anything in my analysis?

FFL Dealer to dealer transfers may not be subject to the place of business nonsense? Otherwise it would be difficult for people to operate. 01s and 07s routinely hand off guns in either direction although one side is usually at their place of business. I thought that constriction mainly applied to retail/4473 type transfers.

 

[drgrant]

What do FFL dealers do at a Gun Show? Clearly not his place of business.

Gun shows are exempt from that restriction specifically.....

 

[milktree]

FFL Dealer to dealer transfers may not be subject to the place of business nonsense? Otherwise it would be difficult for people to operate. 01s and 07s routinely hand off guns in either direction although one side is usually at their place of business. I thought that constriction mainly applied to retail/4473 type transfers.

Is it ever somewhere other than the place of business of one or the other FFL? (or a gun show)

An FFL transfer to another FFL either at his place of business, or the the other's, or by mail/common carrier. I'm 100% sure of that. (or a gun show because of the specific exception)

But I honestly don't know if it's legal for an FFL to transfer to another FFL at some random McDonald's parking lot. I can't think of a reason why it should be illegal, as long as all the paperwork gets filled out, but federal law is pretty stupid and broken on a bunch of stuff like this. (like the continued existence of the ban on FFL handgun transfer in another state, even though the NICS check has made that restriction 100% irrelevant)

As a MA. resident I can sell/transfer to another MA resident anywhere in the country, beause we're residents of the same state. It'd be a little weird that FFLs couldn't do the same thing.