Moving to MA and most likely will be rejected for LTC - Firearm XFer to LTC Holder

Amputee Marksman

Amputee Marksman

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I have a friend who is moving from NH to MA. They will most likely be rejected for a LTC due to a 2nd. DUI less than 2 years ago. Can they legally transfer ownership of a firearm, non-compliant M&P 9mm, to me with or without going through an FFL?

Basically what I want to know if can I fill an efa10 and list them as the previous owner and myself as the new owner even though they have no LTC. Is there some place on the form to explain they are relocating from out of state and are transferring to me because they do not have an LTC.

Thanks in advance.
 
The eFA-10 requires both parties to have a valid license, so the answer is no. However, if the firearm is MA compliant, you can use an FFL. What is non-compliant about the M&P 9mm?
 
ddraper said:
Not worried about the magazines. It is the non MA version so it has a different trigger.
Click to expand...

Totally irrelevant on a used dealer transfer. They are neither required to nor do they measure trigger pulls before selling or transferring . . . only on new guns do they have to concern themselves with that idiocy.
 
terraformer said:
He should apply and contact Comm2A if he is denied.
Click to expand...

It is my understanding that if you have been convicted of DUI less than 5 years ago you are only eligible for an FID and not a LTC. This person has a DUI from 2013 and another one before that. I am thinking that is enough to deny them.
 
Thanks for all the feedback. My only concern with the xfer is the gun is non-compliant in MA and the FFL could refuse to make the transfer. Guess I will make a few phone calls and see what they say.
 
ddraper said:
It is my understanding that if you have been convicted of DUI less than 5 years ago you are only eligible for an FID and not a LTC. This person has a DUI from 2013 and another one before that. I am thinking that is enough to deny them.
Click to expand...

Not true as of 1/1/15. Any statutory DQ for LTC stands for FID as well now and is lifetime. OUI convictions that were NOT in MA usually are NOT DQs, but maybe used for suitability. MA is the only state (known to me) that makes OUI a misdefelony on 1st conviction.


ddraper said:
Thanks for all the feedback. My only concern with the xfer is the gun is non-compliant in MA and the FFL could refuse to make the transfer. Guess I will make a few phone calls and see what they say.
Click to expand...

Do NOT discuss with FFLs what trigger is in the gun. It is MERELY an M&P. You won't have any troubles then, don't ask for any. Never saw an FFL test a trigger before transferring any gun. There is no special markings on M&Ps that designate MA-compliant from non-MA compliant versions either!
 
ddraper said:
It is my understanding that if you have been convicted of DUI less than 5 years ago you are only eligible for an FID and not a LTC. This person has a DUI from 2013 and another one before that. I am thinking that is enough to deny them.
Click to expand...
Don't assume so. It's MA law that makes a MA DUI a misdefelony with a max penalty of 2 years (or more). A quick google of NH DUI law appears to show that a first DUI is a class B misdemeanor, apparently with no jail time, and even aggravated DUI or a second DUI is considered a Class A misdemeanor, punishable by up to 1 year in jail. In neither case does the penalty approach the misdefelony level of 2 years. So, assuming his DUIs were in NH not MA then it appears he is not a prohibited person.

I second the recommendation that your friend apply, and then contact Com2A if he gets denied. I double-second the recommendation of your friend should stay in NH if at all possible.

Caveats: IANAL, your friend should talk to one to be sure. The COP can still deny for suitability.
 
The friend is actually a family member and staying in NH is not an option. I am trying to help them through a difficult time and part of that is they will be moving into a rental unit I own that is currently vacant. I also pulled a few strings and helped them to get a job here in MA. The only gun is the M&P so that is all I am concerned over.
 
ddraper said:
That is what is going on now. I have the gun locked up in my safe.
Click to expand...

There is no time limit on how long you can keep the firearm in your possession. In fact there is nothing that would prohibit you from using it as your EDC, if you wanted to do that. I don't know why you would but you could and it would be perfectly legal.
 
It sounds like you friend has bigger things to worry about than applying for LTC, and potentially getting denied. Aside from you're offering long-term storage, the easiest thing would be to bring the M&P to an FFL (with both parties present), and see if they will transfer it. As said before don't offer any info in regards to what type of trigger it has/features, etc. I would think most MA dealers would transfer an M&P without much thought.
 
To the OP. As others have said, you do have options. And I'm not going to go off in another direction.

1) Bring the gun to a dealer and ask them to do a transfer. If they refuse because of the trigger pull, go to another dealer. This should not be a problem. The M&P is sold new in MA. The dealer is not going to measure trigger weight. Believe me.

2) Borrow the gun indefinitely. You keep the gun but it remains the relative's firearm forever. Don't play games here. It really has to be his firearm. NO money transfers hands or anything like that. I wouldn't carry it defensively if it existed in this state because the ATF allows this based on "sporting use". So best to keep it as a range gun.

Don

https://www.atf.gov/qa-category/unlicensed-persons
 
dcmdon said:
To the OP. As others have said, you do have options. And I'm not going to go off in another direction.

1) Bring the gun to a dealer and ask them to do a transfer. If they refuse because of the trigger pull, go to another dealer. This should not be a problem. The M&P is sold new in MA. The dealer is not going to measure trigger weight. Believe me.

2) Borrow the gun indefinitely. You keep the gun but it remains the relative's firearm forever. Don't play games here. It really has to be his firearm. NO money transfers hands or anything like that. I wouldn't carry it defensively if it existed in this state because the ATF allows this based on "sporting use". So best to keep it as a range gun.

Don

https://www.atf.gov/qa-category/unlicensed-persons
Click to expand...
What Don said. You can also have an FFL do a frame transfer to you under Federal Law and then some time in the future attach a slide to it and register it using an EFA-10. That registration requires no information of previous owner.
 
SPT 1955 actually just came up with the best idea.

Bring the frame to a MA dealer. He will transfer it in full compliance with Federal firearms laws. Mass laws don't apply to a frame because Mass doesn't consider frames to be firearms.

And then the next time you are in NH, bring the slide back and put them together. Then do a FA10 and you are good.

Don
 
I am thinking the best thing to do for now is just let it be a safe queen. I already own a couple of M&Ps so it is not like it is something I don't have.
 
I understand everyone has to live within their comfort zone.

But when you refuse to exercise your rights WITHIN the law.

They win!!

Everything we have suggested is 100% totally legal. I can send you an email from Michaela Dunne of the FRB stating that the state of MA does not consider frames/receivers to be firearms. This is not a grey area. Its pure white. Just make sure you FA10 it when it becomes functional.

Don
 
I met with an FFL yesterday. He told me there would be no problems. He said he can transfer the pistol to me or I can strip it down and he will transfer the frame. Just need to decide which way to go.
 

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