How to sell a C&R handgun in Mass?

[dannyk45]

I have a C&R license and understand that if I sell it to someone with a C&R license we exchange signed copies and log it out of my bound book. Does that have to be done FTF or can someone send me there info and I can mail the firearm directly to the buyer. I am out of FTF's for the year, can a Nagant 1895 be transferred through a dealer in Mass? Thank you in advance.
Dan

 

[vellnueve]

Is the buyer in MA? If he is, log it out of your book and file an FA-10.

If he's outside of MA and has a C&R FFL, you can ship it to him (he can't come here unless he has a MA license)

If he's outside MA and has no license, you would have to ship to the out-of-state FFL.

Dealers can't transfer 1895s unless they were in MA before the 98 cutoff date.

If you're out of personal transfers, you'll have to wait until January. The best option would be for both of you to find a willing 01 FFL outside MA to act as an intermediary (no NICS check would be required)

 

[dannyk45]

If I transfer it to someone with a C&R I don't have to file a FA-10 the buyer would correct.

 

[colt_fan]

I believe in MA you still have to file an FA-10 as a transfer even if you have your C&R. That's what I've done whenever I've done a FTF C&R in MA with another MA person with a C&R.

 

[dannyk45]

Does that count against your FTF transactions for the year?

 

[colt_fan]

I believe so, I'd rather error on the side of safe though.

 

[vellnueve]

If I transfer it to someone with a C&R I don't have to file a FA-10 the buyer would correct.

No, YOU have to file it. It counts against your transfers.

 

[dannyk45]

Thank You.

Dan K

 

[KMaurer]

Massachusetts law only distinguishes between Massachusetts licensed "purveyors of firearms" and everybody else. Now obviously you need a regular FFL in order to be in the business of selling firearms, but having an FFL (whether regular 01 or a C&R) has no significance under state law. Thus, and sales to another Massachusetts resident have to follow the regular rules (i.e. through a Massachusetts licensed dealer or FTF with an FA-10 and a 4 sales/year max), regardless of whether either or both parties have a C&R. All federal rules applicable to C&R holders must also be followed. The only way that a C&R serves as a way around Massachusetts laws is that it allows you to buy and sell across state lines without having to involve a dealer licensed by the Commonwealth. In the case of such purchases, an FA-10 still needs to be filed for registration only.

Ken