I'm an FFL in MA but not licensed in MA and I do not sell in MA does the new MA laws apply

[Goldsmith's Guns]

So, here's the deal. Back a couple of years ago I decided to get my FFL but between my Mustang performance business and life it took me until April 2024 to finally become an 07 FFL here in MA. I was planning on specializing in pre-94 AR's, AK's, etc. and have this job as a part time gig until later when I getting closer to retiring and closing my Mustang business and then it would be more of a full time job. Anyway, due to the fact the the property I own here in MA has an apartment on premise this beautiful state of ours denied me an firearms or ammo license(s).

So, I then said no worries, I'll just sell online and then came the now infamous 08/01. At that point I put everything on the back burner to be determined later. In the meantime I figured I would still buy and sell pre 94 items and have them shipped to MA then sell them online to NON MA residents. These days as more people have become aware of 08/01 most, if not all, people and or dealers will not ship anything pre-94 here. So, my question is since I have a FEDERAL FIREARMS LICENSE and I am NOT doing business here in MA do the new or past even MA laws apply to me, or any other FFL in MA that is not doing business in this state? I personally believe whereas I am not doing business here in MA or selling to anyone in MA why should I not be able to buy and sell any FEDERALLY allowed firearm and/or accessories?

I have emailed the legal librarian on mass.gov and she said that they are not lawyers but couldn't find any law saying that I could or could not do so. Does anyone here know the answer? Or even who I should contact to try and figure out the law / section that says I can or cannot? If you've read this far I really appreciate it and hopefully I can sort this out for me and an other FFL stuck in this godforsaken state. Chris @ Goldsmith's Guns and Collectibles

 

[FPrice]

due to the fact the the property I own here in MA has an apartment on premise this beautiful state of ours denied me an firearms or ammo license(s).

I am puzzled, do you live in MA?

If so, have you applied for an LTC from your local police dept?

 

[CrackPot]

So, here's the deal. Back a couple of years ago I decided to get my FFL but between my Mustang performance business and life it took me until April 2024 to finally become an 07 FFL here in MA. I was planning on specializing in pre-94 AR's, AK's, etc. and have this job as a part time gig until later when I getting closer to retiring and closing my Mustang business and then it would be more of a full time job. Anyway, due to the fact the the property I own here in MA has an apartment on premise this beautiful state of ours denied me an firearms or ammo license(s).

So, I then said no worries, I'll just sell online and then came the now infamous 08/01. At that point I put everything on the back burner to be determined later. In the meantime I figured I would still buy and sell pre 94 items and have them shipped to MA then sell them online to NON MA residents. These days as more people have become aware of 08/01 most, if not all, people and or dealers will not ship anything pre-94 here. So, my question is since I have a FEDERAL FIREARMS LICENSE and I am NOT doing business here in MA do the new or past even MA laws apply to me, or any other FFL in MA that is not doing business in this state? I personally believe whereas I am not doing business here in MA or selling to anyone in MA why should I not be able to buy and sell any FEDERALLY allowed firearm and/or accessories?

I have emailed the legal librarian on mass.gov and she said that they are not lawyers but couldn't find any law saying that I could or could not do so. Does anyone here know the answer? Or even who I should contact to try and figure out the law / section that says I can or cannot? If you've read this far I really appreciate it and hopefully I can sort this out for me and an other FFL stuck in this godforsaken state. Chris @ Goldsmith's Guns and Collectibles

Gun laws apply to you, yes. You are not subject to MGL 140 123 which are the conditions on a MA licensed dealer. That is about all you get a pass on.

pre-94 is not a thing under the new laws and it is not lawful to import into MA any assault style firearm (and all ARs and AKs are ASFs) that was not lawfully possessed IN MA on 8/1/24. Dealers are correct to not ship you pre-94 product.

You can do business in accessories, but you don't need a FFL for that. But no mags over 10rds ever.

 

[Rockrivr1]

So I was an 07 FFL at the Mill. After the Mill was sold and the rent prices went up I had tto leave the Mill. When that happened I had to inform the Littleton PD about not being there anymore and they confiscated my licenses for my FFL business to sell guns and ammo. The Police Sergeant was a pretty cool guy and he basically told me in no uncertain terms that without a Mass business licenses I could not do any FFL business in the State. He basically said that if I got caught doing so I could be prosecuted.

Now I’m not sure if he’s right or not, but I’m not taking any chances for just a side gig. I’ve moved since to the Cape so now I’m looking for a new place to set up shop and get properly licensed.

 

[Marty McFly]

So I was an 07 FFL at the Mill. After the Mill was sold and the rent prices went up I had tto leave the Mill. When that happened I had to inform the Littleton PD about not being there anymore and they confiscated my licenses for my FFL business to sell guns and ammo. The Police Sergeant was a pretty cool guy and he basically told me in no uncertain terms that without a Mass business licenses I could not do any FFL business in the State. He basically said that if I got caught doing so I could be prosecuted.

Now I’m not sure if he’s right or not, but I’m not taking any chances for just a side gig. I’ve moved since to the Cape so now I’m looking for a new place to set up shop and get properly licensed.

If you fond one let me know. I've been wanting to do that for a while down here

 

[Goldsmith's Guns]

Ok but let’s look at car dealers for example. They buy non MA compliant cars all the time and as long as they don’t sell them here there’s no issue, they don’t need to make them MA compliant to sell out of this state. What is the difference if I’m just bringing a non compliant gun in the state only to ship it out if the state? Other than it taking up residence here for a short period of time while I sell it online what’s the difference between an FFL and a car dealer? Again; a federal firearms license, federal should be exempt from any state laws unless if I was trying to sell them here in MA. Is there a section of the new laws that state an FFL cannot purchase a post 08/01 rifle and sell it outside of this state?

 

[Goldsmith's Guns]

So I was an 07 FFL at the Mill. After the Mill was sold and the rent prices went up I had tto leave the Mill. When that happened I had to inform the Littleton PD about not being there anymore and they confiscated my licenses for my FFL business to sell guns and ammo. The Police Sergeant was a pretty cool guy and he basically told me in no uncertain terms that without a Mass business licenses I could not do any FFL business in the State. He basically said that if I got caught doing so I could be prosecuted.

Now I’m not sure if he’s right or not, but I’m not taking any chances for just a side gig. I’ve moved since to the Cape so now I’m looking for a new place to set up shop and get properly licensed.

I’m not sure how they confiscated your FFL. Your mass licenses I can understand but how could they take your federal license? As far as I read with the ATF that if you do not have a address for your FFL, then you’d have to forfeit it but as long as you had an improved address, you shouldn’t have lost your FFL only your mass licenses. At least that’s the way I read it. Plus, I wouldn’t trust anything from the PD they usually know less than any gun owners. My local PD thought that they would be able to get me the license, even though I had a apartment on premise so again they typically don’t know the laws that well.

 

[Goldsmith's Guns]

I am puzzled, do you live in MA?

If so, have you applied for an LTC from your local police dept?

Yes, I’ve lived in mass all my 50 years. I’ve had a mass LTC for over 15 years. I own a building in Massachusetts that I was approved and have in 07 FFL license. I was denied the Massachusetts firearms and ammo licenses due to the fact that I have a residence on my property. They said if I got rid of the apartment that I could then reapply but I wasn’t going to throw my tenant out.

 

[Len-2A Training]

Yes, I’ve lived in mass all my 50 years. I’ve had a mass LTC for over 15 years. I own a building in Massachusetts that I was approved and have in 07 FFL license. I was denied the Massachusetts firearms and ammo licenses due to the fact that I have a residence on my property. They said if I got rid of the apartment that I could then reapply but I wasn’t going to throw my tenant out.

In 1998, I bought my first AR-15 at AG Guns in Lowell. AG Guns was in a block of stores with apartments above them. At some later time, I asked Chief Glidden about that due to the 1998 law (question wasn't specific to AG Guns, just in general terms) and I never did get an answer. Back in the day, prior to the 1970s, it was common in cities for buildings to have businesses on the street level and apartments on the upper floors.

 

[Rockrivr1]

I’m not sure how they confiscated your FFL. Your mass licenses I can understand but how could they take your federal license? As far as I read with the ATF that if you do not have a address for your FFL, then you’d have to forfeit it but as long as you had an improved address, you shouldn’t have lost your FFL only your mass licenses. At least that’s the way I read it. Plus, I wouldn’t trust anything from the PD they usually know less than any gun owners. My local PD thought that they would be able to get me the license, even though I had a apartment on premise so again they typically don’t know the laws that well.

My bad. I should have been clearer. They don’t take my 07 FFL. They took my MA issued FFL business licenses to sell firearms and ammo.

 

[MAJoe]

Ok but let’s look at car dealers for example. They buy non MA compliant cars all the time and as long as they don’t sell them here there’s no issue, they don’t need to make them MA compliant to sell out of this state. What is the difference if I’m just bringing a non compliant gun in the state only to ship it out if the state? Other than it taking up residence here for a short period of time while I sell it online what’s the difference between an FFL and a car dealer? Again; a federal firearms license, federal should be exempt from any state laws unless if I was trying to sell them here in MA. Is there a section of the new laws that state an FFL cannot purchase a post 08/01 rifle and sell it outside of this state?

The difference is there are now laws that say you can’t import a non compliant gun even if you’re an FFL and have a MA dealers license. Just because you can do it with cars doesn't mean you can with guns.

A provision of your FFL is also complying with state laws.

 

[Goldsmith's Guns]

The difference is there are now laws that say you can’t import a non compliant gun even if you’re an FFL and have a MA dealers license. Just because you can do it with cars doesn't mean you can with guns.

A provision of your FFL is also complying with state laws.

Ok. Can you give me the section or part of the law that says an FFL can not “import” an banned weapon? I’m not saying it doesn’t exist I just haven’t found that part of the law yet. The only “import” part I’ve seen is about large capacity feeding devices. I didn’t see where it has said anything about firearms and/or an FFL.

 

[Rob Boudrie]

Ok. Can you give me the section or part of the law that says an FFL can not “import” an banned weapon?

The law is clear that such an activity is prohibited, and carves out exemptions. As such, it would require finding the exemption in the law, not finding a statement specifically applying the prohibition to FFL holders.

Other than an 07 being allowed to posses suppressors, an FFL does not convey any special gun priviliges in the DPRM. The dealer exemptions from some MA gun laws come from holding a MA License to Sell Firearms (or in some cases, a gunsmith license), not an FFL. In many cases people in this state use the term "FFL dealer" when they really mean "FFL and MA Licensed dealer".

So, the first thing that comes to mind is "well, I can still get the FFL". True, there are scenarios where intent to resell for profit is not a requirement to get an FFL. The ATF has even stated in an advisory letter that this includes "volunteers" consulting for gun companies.

But, the FFL does not relieve you of the MA legal obligation to report aquisitions to the crown within 7 days of acquisition (if you had a MA dealer license, you could just enter the gun into your inventory). Suppose you take in 30 guns a year on a temporary basis for activity consistent with the reason you got the FFL (photography, evaluation, etc.) - that's 30 acquisitions you have to report that don't come off your record (unless they fix it when they finish the new registraton system).

Of course, many people doing this will just "declare exemptions" and assert that the FFLexempts them from some of the state requirements even though there is no basis in law for such conclusions.

 

[KMM696]

Ok. Can you give me the section or part of the law that says an FFL can not “import” an banned weapon? I’m not saying it doesn’t exist I just haven’t found that part of the law yet. The only “import” part I’ve seen is about large capacity feeding devices. I didn’t see where it has said anything about firearms and/or an FFL.

Session Law - Acts of 2024 Chapter 135

Ch135, section 71 changed C.140 S.131M to read:

Section 131M. (a) No person shall possess, own, offer for sale, sell or otherwise transfer in the commonwealth or import into the commonwealth an assault-style firearm, or a large capacity feeding device.
(b) Subsection (a) shall not apply to an assault-style firearm lawfully possessed within the commonwealth on August 1, 2024, by an owner in possession of a license to carry issued under section 131 or by a holder of a license to sell under section 122; provided, that the assault-style firearm shall be registered in accordance with section 121B and serialized in accordance with section 121C.

They specify that "a holder of a license to sell under Section 122" (which is the MA dealers license), is exempt from S.131M(a) which among other things forbids the import into the commonwealth of assault-style firearms. MA doesn't care if you have the FFL, they care if you are licensed under S.122. Sorry.

 

[Goldsmith's Guns]

Session Law - Acts of 2024 Chapter 135

Ch135, section 71 changed C.140 S.131M to read:



They specify that "a holder of a license to sell under Section 122" (which is the MA dealers license), is exempt from S.131M(a) which among other things forbids the import into the commonwealth of assault-style firearms. MA doesn't care if you have the FFL, they care if you are licensed under S.122. Sorry.

No need to be sorry man; You found exactly what I wanted to know so that I don't get in trouble or get someone else in trouble. I wasn't trying to be combative with anyone I just wanted to see it somewhere in this ridiculous new law, that's all. Thanks to everyone who responded for taking the time! Chris