Live in Boston, gun collection in PA.

[DeadEyeDan]

Moved a few years ago from PA, thought is would be short term so left my collection of firearms back in PA. Now getting a LTC soon, I hope since next week will be 11 weeks since Moon Island. Anyway I know a lot of guns are banned for sale in MA and Boston has additional banes in place... Can you verify the the ones below should legally stay in PA until I move back?

AK-47
AK-47 Pistol
Carbon 15 Pistol
FN 5.7 Pistol
Glock 34
Sig 226

But these are ok to bring once I receive my LTC?

Pre 1994 Glock 20 with Pre 1994 Mags
Glock 26 with 10 round mags
Kahr K9
ParaOrd P10
Colt 1991
Colt Mustang Pocketlite
Desert Eagle .50 AE
Lone Eagle .308 win Pistol
NAA mini revolvers in 22 LR and Mag
AMT Automag
Browning Baby
Ruger Gov .22
Bursa .380
Makarov Pistol
FN 49 Rifle
SVT-41 Rifle
All revolvers from .17 HMR to .454 not .500 S&W
All Shotguns with 6 or less round cap
All Bolt, pump or lever action rifles with 10 or less cap
Pistol grip shotguns auto and pump

Thanks!

 

[Picton]

Well, sharper minds than mine will answer soon. But one thing I do know is that you missed your chance (legally) to avoid EFA-10ing them when you left them in PA.

You should move back there long enough to re-establish PA residency, then move back here to someplace that isn't Boston and bring your stuff with you. That way, you can keep it (other than postban standard-cap mags) and the state won't ever know about any of it.

 

[DeadEyeDan]

Not an option to change residence at this point, and back then I had many other things going on and found the whole MA/Boston anti-gun environment a bit intimidating, and thought I would only be here for a couple years anyway...

 

[DeadEyeDan]

Would BPD or the State Police freak out if I filed a few dozen FA10s in a short period of time?

 

[Picton]

Huh.

Well, I'm not conversant with the ins and outs of Boston's ban, but I do know that your guns aren't "banned in the Commonwealth." What some of them might be is "banned for sale by FFLs within the Commonwealth," which ain't the same thing, but again... sharper minds than mine will chime in eventually, probably after they wake up.

They'll tell you what a horrible mistake you've made getting your license in Boston, and many will advise you to get a law degree or become an NRA instructor so that you can carry. Others will advise you to move to New Hampshire.

But, in any case, welcome to NES. Go buy a Bruins shirt and join the fun.

 

[DeadEyeDan]

Huh.

Well, I'm not conversant with the ins and outs of Boston's ban, but I do know that your guns aren't "banned in the Commonwealth." What some of them might be is "banned for sale by FFLs within the Commonwealth," which ain't the same thing, but again... sharper minds than mine will chime in eventually, probably after they wake up.

They'll tell you what a horrible mistake you've made getting your license in Boston, and many will advise you to get a law degree or become an NRA instructor so that you can carry. Others will advise you to move to New Hampshire.

But, in any case, welcome to NES. Go buy a Bruins shirt and join the fun.

No choice about living or getting my license in Boston.

 

[mjbff]

In

 

[DeadEyeDan]

In

Out?

 

[MisterHappy]

Out?

He means that when you do a Karma (i.e. give-away) for the stuff, he'll take it.

It's NES humor.

Kinda...

 

[fshalor]

Was it perhaps this house in PA?
1612 Norristown Rd, Maple Glen, PA 19002 - realtor.com®

 

[SgtHal75]

Welcome to Moscow Comrade! When u need an outlet this is the place!

 

[DeadEyeDan]

Was it perhaps this house in PA?
1612 Norristown Rd, Maple Glen, PA 19002 - realtor.com®

Nope but that is not to far from where I grew up...

 

[milktree]

Well, sharper minds than mine will answer soon. But one thing I do know is that you missed your chance (legally) to avoid EFA-10ing them when you left them in PA.

Yea? They're not newly acquired, so there's no transaction to report.

 

[DeadEyeDan]

He means that when you do a Karma (i.e. give-away) for the stuff, he'll take it.

It's NES humor.

Kinda...

Why would I give them away, I’ve sold 8 over my lifetime and regret doing that mostly?

 

[DeadEyeDan]

Yea? They're not newly acquired, so there's no transaction to report.

https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentTrans

Sounds like you are required from the website above, does the wording of the law not agree?

 

[milktree]

https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentTrans

Sounds like you are required from the website above, does the wording of the law not agree?

The website you quote doesn't even require it.

2) you recently moved to Massachusetts and you wish to record ownership of a firearm, rifle, shotgun or machine gun

If you don't wish to, then 2) doesn't apply.

This is just them fishing for information:

3) you possess a firearm, rifle, shotgun or machine gun and there is no record of the weapon on file with the Firearms Records Bureau.

There is nothing in MGL or CMR that requires the state's records match reality.

 

[Picton]

Yea? They're not newly acquired, so there's no transaction to report.

You can move into the state with guns and not efa10 them. He didn’t move into the state with guns.

Though I’m not sure it’s been tested yet in court. Who can say?

Personally, if I were the OP, I’d probably just bring my guns in and keep my mouth shut. But that ship sailed when he posted.

 

[DeadEyeDan]

You can move into the state with guns and not efa10 them. He didn’t move into the state with guns.

Though I’m not sure it’s been tested yet in court. Who can say?

Personally, if I were the OP, I’d probably just bring my guns in and keep my mouth shut. But that ship sailed when he posted.

Well nothing done yet... still waiting LTC. But I would not want to risk interpreting the law in a way to would exposed me to any legal action, not worth the risk to reputation or employment. I’m thinking I’d probably just start with the Ruger Gov .22 and the Glock 26 anyways. The would be fine for going to the range.

 

[Len-2A Training]

The law requires that you eFA-10 each gun and by waiting a year or more after moving in to get your LTC, I'd not like to be the one who claimed that I moved in with them . . . that would be looking at a felony and PP for life status.

FN 5.7 Pistol
Glock 34
Sig 226

All of these are fine to bring in.

Shotguns . . . if mag fed, MGL prohibits >5 rd capacity unless pre-ban mags (9/13/1994). Boston prohibits >6 rd including tube-fed shotguns, but EOPS doesn't seem to care about tube-capacity in shotguns.

 

[DeadEyeDan]

The law requires that you eFA-10 each gun and by waiting a year or more after moving in to get your LTC, I'd not like to be the one who claimed that I moved in with them . . . that would be looking at a felony and PP for life status.



All of these are fine to bring in.

Shotguns . . . if mag fed, MGL prohibits >5 rd capacity unless pre-ban mags (9/13/1994). Boston prohibits >6 rd including tube-fed shotguns, but EOPS doesn't seem to care about tube-capacity in shotguns.

If limited to 10 rounds then other guns feel like a better option, I guess I could find Pre - 1994 mags for the 34 and 226... not sure I could for the 5.7, and I did read somewhere here that it was banned in Boston along with .500 S&W (that one I don’t have).

 

[CrackPot]

If limited to 10 rounds then other guns feel like a better option, I guess I could find Pre - 1994 mags for the 34 and 226... not sure I could for the 5.7, and I did read somewhere here that it was banned in Boston along with .500 S&W (that one I don’t have).

10rd mags are readily available for the five-seven. It is a sad thing, but you can buy them.

First distributor I checked had 50+ in stock. I assume someone has them at retail. If you cant find them, PM me.

 

[Len-2A Training]

If limited to 10 rounds then other guns feel like a better option, I guess I could find Pre - 1994 mags for the 34 and 226... not sure I could for the 5.7, and I did read somewhere here that it was banned in Boston along with .500 S&W (that one I don’t have).

No, Boston proposed a ban on .500 S&W and some handguns for some unknown reason it never passed into law. The Boston Ban only applies to long guns and mags for same (NMT 10 rd for rifles, 6 rds for shotgun - but MGL limits to 5 rds for shotgun). Boston doesn't allow "pre-ban" mags/guns if they are the same as the list of banned guns.

 

[milktree]

The law requires that you eFA-10 each gun

I've been looking through MGL for this requirement, and can't find it anywhere. I've understood the "must report the transaction within seven days when you buy a long gun out of state or get one through inheritance" bit for years, but I can't actually find the requirement in MGL or CMR. Do you have a link to the actual requirement?

There's clear language that a seller must report the transaction in 128A, but that's in the case of a sale or personal transfer.

If you own the guns, there's no transfer of ownership, there's no transfer. We know this because if you *have* a gun owned by someone else, it's not yours and you can't sell it, etc, even if they original owner is dead. Right?

 

[Matt-CZ]

I've been looking through MGL for this requirement, and can't find it anywhere. I've understood the "must report the transaction within seven days when you buy a long gun out of state or get one through inheritance" bit for years, but I can't actually find the requirement in MGL or CMR. Do you have a link to the actual requirement?

There's clear language that a seller must report the transaction in 128A, but that's in the case of a sale or personal transfer.

If you own the guns, there's no transfer of ownership, there's no transfer. We know this because if you *have* a gun owned by someone else, it's not yours and you can't sell it, etc, even if they original owner is dead. Right?

I paid for a consultation with a local firearm attorney when I moved into MA with pre-existing firearms. Other than selling off my full size post-ban mags, I didn't do anything in particular. No FA-10 as there was no transaction. The consultation wasn't expensive and I did it by phone in less than an hour. Money well spent to not have to worry about landing in the clink.

There's no record of when this non-EOPs gun entered the state other than my word that I brought it with me.

Out of an abundance of caution, I stored my guns with a MA licensed person until I got my my license. Ownership and possession are two distinct things and I didn't want to be in possession of a gun while unlicensed, especially since it can take a long time to get it done and the grace period might expire.

 

[Len-2A Training]

I've been looking through MGL for this requirement, and can't find it anywhere. I've understood the "must report the transaction within seven days when you buy a long gun out of state or get one through inheritance" bit for years, but I can't actually find the requirement in MGL or CMR. Do you have a link to the actual requirement?

There's clear language that a seller must report the transaction in 128A, but that's in the case of a sale or personal transfer.

If you own the guns, there's no transfer of ownership, there's no transfer. We know this because if you *have* a gun owned by someone else, it's not yours and you can't sell it, etc, even if they original owner is dead. Right?

It has been interpreted by EOPS under S. 128B that any time you bring a gun into MA (bought out of state, previously owned, etc.) that an eFA-10 must be filed. Only exception is when you move in and then only because you can't do it within 7 days of moving in since it is impossible to obtain a LTC within 7 days (LTC # required on all eFA-10s).

You'll never see exact wording you are looking for but what I stated above is current interpretation just like if you build a gun from parts/80%, etc.

 

[milktree]

It has been interpreted by EOPS under S. 128B that any time you bring a gun into MA (bought out of state, previously owned, etc.) that an eFA-10 must be filed. Only exception is when you move in and then only because you can't do it within 7 days of moving in since it is impossible to obtain a LTC within 7 days (LTC # required on all eFA-10s).

You'll never see exact wording you are looking for but what I stated above is current interpretation just like if you build a gun from parts/80%, etc.

Does EOPS document any of their interpretations? Presumably this wasn't just a press conference or radio interview.
If so, where?

 

[Len-2A Training]

Does EOPS document any of their interpretations? Presumably this wasn't just a press conference or radio interview.
If so, where?

I would ask Glidden about that. Seriously there is communication between EOPS and GCAB (Glidden), typically written. May or may not be difficult to obtain from EOPS Legal Dept. Years ago I did make a request for a document between the two, after some red tape (Glidden actually asked me to request it), I was able to obtain it. So if you really want to dig into it, that's the way to do it.

 

[milktree]

I would ask Glidden about that. Seriously there is communication between EOPS and GCAB (Glidden), typically written. May or may not be difficult to obtain from EOPS Legal Dept. Years ago I did make a request for a document between the two, after some red tape (Glidden actually asked me to request it), I was able to obtain it. So if you really want to dig into it, that's the way to do it.

So, just so I understand it correctly:

- The law says nothing about moving into state
- EOPS made a decision about it
- It's remarkably difficult, even for those of us who have a reasonable understanding of computers, CMR, and MGL, to actually find the requirement.
- failure to comply with the above, despite it being nearly impossible to find the rule, is a felony.

Is that about it?

 

[milktree]

I would ask Glidden about that. Seriously there is communication between EOPS and GCAB (Glidden), typically written. May or may not be difficult to obtain from EOPS Legal Dept. Years ago I did make a request for a document between the two, after some red tape (Glidden actually asked me to request it), I was able to obtain it. So if you really want to dig into it, that's the way to do it.

Looking in Glidden's book (9th edition), on page 56: (58 of the pdf)

§ 128B NOTES
1. Non Residents Moving Into MA: There is no requirement for non-residents to "register" their guns when they move into the state.

That's it. No mention of what "move into" means, or any timeline.

 

[CrackPot]

Interestingly as pointed out the requirement to register when you "build" or bring in from out of state are not enumerated in the law, but purely EOPS interpretation of 128B. Anyone ever been successfully prosecuted on either charge (not plead out, or similar)?