C&R question

[PATRON]

If you are selling C&R firearms to some one out of state are you limited to the MA law to 4 a year and how about if you are selling to a C&R in MA . I did not think that the out of state would fall under MA law but I would like to be sure

 

[jdubois]

Interesting question. I'd say the four a year definitely applies to in state C&R sales. Out of state is an interesting question. The MA laws seem to have been written without regard to C&R licenses, so who the heck knows... One of the lawyers wanna chime in?

 

[Lynne]

From my understanding (and no, I'm NAL), a sale is a sale - period. It doesn't matter if its a C&R or non C&R firearm.

Scriv? Cross-X?

 

[OnTheRoad]

...and the less the state gets involved in C&R stuff, the better off we all are.

 

[KMaurer]

Massachusetts law is written without any regard for federal licensing, dealer or C&R. As a result, it tends to overlook situations that would be perfectly legal for a licensed person under federal law, but illegal for unlicensed individuals. As a result of Simon's Rock College shooting (late 80's) the legislature prohibited sales of long guns (otherwise allowed under federal law) by Massachusetts dealers to non-residents. However, there's nothing in the law regulating interstate sales by those who are not Massachusetts licensed dealers. The 4 sales per year limit is explicitly written to apply only to sales by one FID/LTC holder to another. As a result it applies to sales by one C&R holding resident to another, but not by a C&R holding resident to a C&R holder in another state. (At least that's the plain language of the law. It wouldn't surprise me in the least if the AG's office were to consider such transactions patently illegal, despite the total absence on any statute or regulation prohibiting them.)

Ken

 

[jdubois]

Massachusetts law is written without any regard for federal licensing, dealer or C&R.

Ch 140 Sec 128A does actually specifically mention federal dealers:

"sells or transfers to other than a federally licensed firearms dealer or organization named above not more than four firearms"

That seems not to differentiate between in and out of state sales. Then the law goes on to say that the purchaser must also be licensed by the state (LTC/FID/etc). So, if taken literally, I'd say that MA law says by omission that all out of state sales to C&R holders are illegal (with a few complicated and not important to this discussion exceptions). But wouldn't that cause the law to be in conflict with the commerce clause of the Consitution?