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Can we sell ARs person to person still? What are the laws now?
- Thread starter stevel48
- Start date
Face to face personal transfers up to the yearly limit of 4 are still gtg. Current law is still in force so use the EFA10 for transfers up to 10/23. On 10/23 the new law takes place and the EFA10 is then a relic of the past. Who knows what to do with transfers at that point because there is no existing registration system per Section 122A and B.
CrackPot
NES Member
It is totally deleted in the new law. All references to reporting to the state or using the online system reference 121B. 121B the state has one year from effectiveness of the law to implement. We all have one year once implemented to register our guns. So come 10/23, we are in no-man's land where there is no system current proscribed by the state active and available to use.
I predict they will give some guidance like "use the existing system", but of course this has no binding effect.
Rob Boudrie
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It established an "entrapment by estpooel" defense, making it very very unlikley the state will prosecute someone for following its published guidelines.
AS to "no registration system exists" - that is just a meaningless declaration based on one interpretaiton of the law. The state may declare the existing reporting system is in fact "registration".
CrackPot
NES Member
That sets up an interesting problem since the existing system clearly does not satisfy the requirements listed in 121B and EOPS has not yet promulgated regulations for the implementation of 121B as required under 121B. If they declare it meets the requirements, it starts the one year clock for everyone to register, yet the database is clearly not setup for registration, bounds checking, etc. That would be a legally challenging path for the state to take (but hey, its MA and they will always do whatever they want). It is also missing the recording and receipt mechanism for a dealer when they confiscate an LTC and many other proscribed features of the new system.
Private party transfers would seem to be fine under the new law absent a 121B compliant system. The law requires you register/record per 121B and also says there is a year for 121B to exist and a subsequent year to bring yourself into compliance. A straight forward reading of this says you can do the transfer w/ no engagement with the portal (since not 121B compliant) and then once it becomes compliant, you would then go in and record your past transactions. This is similar to the need to register what you already own within a year of 121B being active.
A dealer is a little different. There are requirements on a dealer to keep a record of all transactions including the name written BY the recipient. This does not directly reference 121B so goes into immediate effect. I have always done this by having a printout with all the required documents I must give the buyer combined with a cover page that they wrote name, date and signed. To this I would staple a copy of the eFA10 satisfying all needed current requirements. w/o a 121B system, I would have ot manually record all the info that a FA10 contains or use the antiquated FA10 system to meet compliance with 140 123 dealer requirements.
Rob Boudrie
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Which is exactly why textual analysis of the law often fails.
People tend to make erronous (on an "as applied" basis) and absurd conclusions becuase the MA wording is often absurd - like the claim that dealers could not obtain ammo in MA because their distributor did not hold a MA dealer license at location of delivery (MA gunshop).
CrackPot
NES Member
"reasonable" states and I use that very loosely since I am referencing states passing similar highly restrictive gun laws, have taken the path of repeatedly postponing implementation of certain sections of new laws to accommodate the states need to "do work" to meet the plain text meaning of the laws they have passed. I do not expect such reasonable behavior here in MA, but that in no way makes their actions consistent with their own law. Of course MA courts being what they are, they will agree that a circle meets the definition of a square if it suits their interests.
My statements are always plain text reading until such a time as binding case law exists to redefine plain english (or a CMR doing the same thing, think large capacity weapon). I am under no delusions about MA courts and the executive branches willingness to read english as spanish when it suits them.
CrackPot
NES Member
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