Efa-10 private transfers inquiry

[Picton]

You’re an FFL?
And yes that’s my problem. I am out of private sales and have a staccato p I’m looking to get rid of in search of a staccato xc…

No, it isn't anyone's "problem."

You have a legal item that someone else wants, in a state where it's currently completely lawful to sell that legal item without snitching yourself out to said state.

Put it on a bill of sale and enjoy spending your money.

 

[Mark from ?]

You’re an FFL?
And yes that’s my problem. I am out of private sales and have a staccato p I’m looking to get rid of in search of a staccato xc… obviously a dealer can’t take it in and sell it etc.

Im not an FFL, Im not even in state anymore.

Do as Picton said and stop worrying about it....you have a window given to you buy idiot lawmakers in the state that says until they come out with a reg system there is no more FA-10 required.

So use that...and enjoy your freedom for as long as it lasts.

 

[LuvDog]

I know someone who did 5 in a year.... his dog is fine.

 

[zevana]

Not "very unlikely." I'd use the term "unimaginable, given the resources the state has [not] provided for this sort of thing."

Seriously, if that's your (not yours personally, just using the generic your) level of worry, you're probably too skittish to be doing FTF transfers in this state, anyway. Might even be too skittish to be a MA gun-owner in the first place. As anyone posting here should know, it's a big-boy-pants activity in this state.

Oh I'm personally 100% with you on "big-boy-pants". But I like to be pretty clear about how this state can f*** people if they want. If I remember correctly (can't find the case at the moment) there as a dude busted for selling more than 4 guns privately. I think he did like 20ish. His problem was he was advertising them pretty widely.

Generally speaking, like almost anything guns in MA, if you keep your head down and don't do other stupid/illegal shit, you'll be fine. But if you get on your radar, they'll dig up every charge they can nail you with.

 

[zevana]

I know someone who did 5 in a year.... his dog is fine.

That's what they want you to thing, dog was replaced with a spy robot.

 

[Da_lucche]

There's no longer a requirement for an EFA10, and the EFA10 was the way the gestapo Commonwealth knew you'd done more than four transfers.

No EFA10, no worry about how many transactions you do.

Is it true now with the new legislation that you don't have to follow the AWB anymore?

 

[Sf Becket]

See....I think you are in the right neighborhood, perhaps not the right door but the right neighborhood. The State has plans to drive the FFLs out of business. Force private sales to FFLs....get FFLs to say No Mas.....and the State gets to say....what.....we didn't ban anything.

Exactly, ulterior motive

 

[Mark from ?]

Is it true now with the new legislation that you don't have to follow the AWB anymore?

Its true if you have a pre 8/1/2024 lower or rifle I believe. Mag laws are more strict now though.

This has been gone over a million times already....not that we care.

 

[Da_lucche]

Its true if you have a pre 8/1/2024 lower or rifle I believe. Mag laws are more strict now though.

This has been gone over a million times already....not that we care.

I don't pay attention to mass laws much anymore so I have been out of the loop

 

[Picton]

Is it true now with the new legislation that you don't have to follow the AWB anymore?

...uh, on advice of counsel, I'm going to decline to answer that one. Lol.



I have it on good authority that some people here have NEVER bothered following the state AWB. A little birdie told me so.

 

[Da_lucche]

...uh, on advice of counsel, I'm going to decline to answer that one. Lol.



I have it on good authority that some people here have NEVER bothered following the state AWB. A little birdie told me so.

Haha I may have been one of those....rewind... I was one of those

 

[KH56010]

The issue isn't the EFA10 now. It's been a couple of months since I dug in deep into all of this. But, from what I remember. When the new system finally does get up and running. You then have a certain timeframe to "register" the transfer in the new system. So, very much correct that right now I can sell a Glock to anyone in MA with an LTC. He gives me cash, I give him Glock. That's it.. But when the new system comes online and after the period outlined in law, I then have to "register" that transaction. And who knows what that system will demand. Will it say it needs the buyer to enter in his pin number? I literally don't have any info of even the last firearm I sold someone to. We did an online EFA10 and I drove away. If I needed his pin... good luck.

 

[MAJoe]

The issue isn't the EFA10 now. It's been a couple of months since I dug in deep into all of this. But, from what I remember. When the new system finally does get up and running. You then have a certain timeframe to "register" the transfer in the new system. So, very much correct that right now I can sell a Glock to anyone in MA with an LTC. He gives me cash, I give him Glock. That's it.. But when the new system comes online and after the period outlined in law, I then have to "register" that transaction. And who knows what that system will demand. Will it say it needs the buyer to enter in his pin number? I literally don't have any info of even the last firearm I sold someone to. We did an online EFA10 and I drove away. If I needed his pin... good luck.

Do you need to register prior sales or just what you currently own? I would read it through again, I believe it’s the latter.

 

[KH56010]

Do you need to register prior sales or just what you currently own? I would read it through again, I believe it’s the latter.

Edit: I like what Crackpot pointed out below as the better interpretation. Leaving my original response since he quote replies it.

SECTION 157. The department of criminal justice information services shall establish
2445 the electronic firearms registration system established pursuant to section 121B of chapter 140 of
2446 the General Laws, as inserted by section 32, not later than 1 year after the effective date of this
2447 act; provided, that all firearms shall be registered in accordance with this act and not later than 1
2448 year after said electronic firearms registration system is completed and publicly available

I read that basically as: Within 1 year of the law going into effect the registration system must be created and within 1 year of the system being created, all firearms transfers have to meet the conditions required under 121B. It appears retroactive because of the wording "Not later than 1 year after said electronic firearms registration system is completed". The law is very clear that it's 7 days. The only reason to put that sentence in, is to provide for retroactive registration.

Specifically:
409 All firearm transactions shall be reported by all parties to the
410 transaction via the electronic firearms registration system within 7 days of the sale, rental, lease,
411 loan or other transfer.

 

[MAJoe]

NAL, but this seems pretty clear to me

SECTION 157. The department of criminal justice information services shall establish
2445 the electronic firearms registration system established pursuant to section 121B of chapter 140 of
2446 the General Laws, as inserted by section 32, not later than 1 year after the effective date of this
2447 act; provided, that all firearms shall be registered in accordance with this act and not later than 1
2448 year after said electronic firearms registration system is completed and publicly available

I read that basically as: Within 1 year of the law going into effect the registration system must be created and within 1 year of the system being created, all firearms transfers have to meet the conditions required under 121B. It appears retroactive because of the wording "Not later than 1 year after said electronic firearms registration system is completed". The law is very clear that it's 7 days. The only reason to put that sentence in, is to provide for retroactive registration.

Specifically:
409 All firearm transactions shall be reported by all parties to the
410 transaction via the electronic firearms registration system within 7 days of the sale, rental, lease,
411 loan or other transfer.

I read it as all firearms must be registered. That means, in your possession. You can’t satisfy the bottom section because it’s not within 7 days. The system doesn’t exist.

 

[CrackPot]

NAL, but this seems pretty clear to me

SECTION 157. The department of criminal justice information services shall establish
2445 the electronic firearms registration system established pursuant to section 121B of chapter 140 of
2446 the General Laws, as inserted by section 32, not later than 1 year after the effective date of this
2447 act; provided, that all firearms shall be registered in accordance with this act and not later than 1
2448 year after said electronic firearms registration system is completed and publicly available

I read that basically as: Within 1 year of the law going into effect the registration system must be created and within 1 year of the system being created, all firearms transfers have to meet the conditions required under 121B. It appears retroactive because of the wording "Not later than 1 year after said electronic firearms registration system is completed". The law is very clear that it's 7 days. The only reason to put that sentence in, is to provide for retroactive registration.

Specifically:
409 All firearm transactions shall be reported by all parties to the
410 transaction via the electronic firearms registration system within 7 days of the sale, rental, lease,
411 loan or other transfer.

You are mixing two sections. You must record transactions in the new system when it is live. But you only have to retroactively record what you own once it goes live as that is what the law calls out in section 157. No where in the new law does it say you have to time machine your transactions.

Look at it this way. Until 121B is active, you have no obligation to record anything. Once 121B is active, you must record every transaction at the time it occurs. ALSO when 121B goes live per section 157 you have one year to register every gun you possess (which in practice you will not do until the last week unless you are selling it in which case you will do it before selling and then do the transaction to sell)

So I strongly disagree with your conclusion that you will have to go back and record transactions. No where does the law say this.

 

[850xrs]

Talking transfers here....FFL's technically can't legally transfer non roster guns. Leaving the owners essentially stuck with it, or selling/transfering it out of state to an FFL.
So these non roster people have to do FA-10's.

I was fairly amazed they still allow personal transfer in the new bill I believe.

So if a dealer has a bunch or AR's forsale and listed "in store pre 8-1" is the owner able to transfer under his name with no fa-10? or sells them under his ffl and still no fa-10 ?

 

[CrackPot]

So if a dealer has a bunch or AR's forsale and listed "in store pre 8-1" is the owner able to transfer under his name with no fa-10? or sells them under his ffl and still no fa-10 ?

They are NOT pre 8/1 but hopefully lawfully possessed in the commonwealth ON 8/1 by dealer or LTC holder. Pre 8/1 means nothing.

If they are at a ffl then the ffl will sell them as a FFL with background check. Most FFLs are still doing fa10s as part of their sales process because it easily satisfies two requirements dealers have. While there are other ways, that is easiest.

A dealer can not do a personal transfer off their books. The atf requires that any gun gotten from your own FFL be possessed at least one year before you do a personal transfer. Otherwise they consider it trying to avoid a background check and will take punitive action.

Also, a dealer doing a personal transfer at their place of business likely violates both federal and state regulations. Best practice requires a dealer complete all personal transfers away from their place of business. When present, they are a dealer and subject to the requirements of being a dealer.