MOVING to Massachusetts? Read Here First!

Er, no.

Ship the frame FFL to FFL after finding a MA FFL who will do a frame only transfer. This is legal, but many FFLs will not do it because they fear the AG will not be happy.

Get an LTC.

Assemble gun with your upper; file eFA-10. Procure pre-ban (1994) high cap mags or 10 rounders for your weapon.

Join gun club. Have fun.
Huh???

He already owns it. No need to ship to any FFL in this case. Just move in with it, lock it up and get the LTC.
 
Bingo. If he wants to be strictly legal, don't bring in the top end until he has the LTC.

Huh???

He already owns it. No need to ship to any FFL in this case. Just move in with it, lock it up and get the LTC.


It sounds like Boudrie is saying no one can move into Massachusetts with a pistol that is capable of using high capacity magazines, even if there are no magazines, without breaking the law.

If that is the truth, then the first post in this thread needs to be changed because it implies otherwise. If it's not the truth, Boudrie needs to stop suggesting such.

I have lined up a sale for my Springfield XD before I move back to Massachusetts, anyhow, because I would rather be lawful than risk the nebulous BS of Mass. gun law.
 
It sounds like Boudrie is saying no one can move into Massachusetts with a pistol that is capable of using high capacity magazines, even if there are no magazines, without breaking the law.
Note, however, that a stripped frame possessed WITHOUT ANY OTHER PARTS is not a firearm. Chances are a frame with internal parts also qualifies.

See Commonwealth v. Cornelius MOVING to Massachusetts? Read Here First! which concludes thusly:
The third question asked the court to determine whether the new resident exemption contained in G.L. c. 140, § 129C(j), provides a defense for violation of G.L. c. 269, § 10(m), by knowingly having in one's possession, or knowingly having control of, in a vehicle, a "large capacity weapon or large capacity feeding device therefor," without being in possession of a valid class A or class B license to carry firearms issued under G.L. c. 140, §§ 131 or 131F.

The court answered, no, finding that satisfaction of G.L. c. 140, § 129C(j), does not provide a defense to a violation of G.L. c. 269, § 10(m).

Section 10(m) states that "[t]he possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection[.]" General Laws c. 140, § 129C, provides an exemption only from the firearm identification card requirement set forth in G.L. c. 140, § 129B, not the licensing requirements of G.L. c. 140, §§ 131 or 131F. In addition, G.L. c. 140, § 129C (j), entitles new residents to own or possess "any firearm, rifle or shotgun and any ammunition therefor." A large capacity feeding device is not among the list of items covered by G.L. c. 140, § 129C (j). Also, the definition set forth in G.L. c. 140, § 121, for a "large capacity weapon" includes specific language that "[t]he term 'large capacity weapon' shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun."
 
Ah, sorry neither Rob or myself were clear about the problem here (that I was ignoring). There are other work-arounds but I will not post them anywhere, although I do discuss them in my Mass Gun Law Seminars.

MGL allows one to move into MA with their guns and proceed to obtain their LTC (MGL C. 140 S. 129C(j)), in which case no registration of those guns are EVER required. On the other hand, a court ruled (correctly) that MGL C. 269 S. 10(m) prohibits possession of ANY large capacity guns/mags without a MA LTC and has NO exemption for a new resident (grace period). So on the one hand you can bring your stuff with you but on the other hand you can't bring some of your stuff with you!
 
Asking for a friend who owns a revolver who is moving to MA and not getting their LTC.

Is it fair to say that once the revolver magically appears in MA, and within 60 days of change of residency (whatever that means, assuming the start of a lease), it has to go to an FFL (either selling to an FFL or selling through an FFL) or be surrendered to LE (pre-arranged)?

I don't believe he's interested in surrender, just wants to not run afoul of the law while trying to sell it. I told him that I believe that options are going to be sell to or through FFL (state doesn't matter as long as an FFL is involved, right?) within 60 days, and an LTC holder is going to have to do the transport. Alternatively within 60 days it could be lent to an LTC holder for storage, and subsequently sold after the 60 days as long as he, a non-LTC holder, wasn't in possession or transporting?
 
Whats this 60 days?

The grace period to apply for an LTC after moving into MA with guns.

The simplest option for your friend if they absolutely do not intend to get an LTC is to sell their revolver before moving to MA. All the other options you mention are feasible, but complicated. If I were considering buying a gun in a private sale, but then was told there would need to be some song-and-dance about meeting a friend at an FFL because they actually have the gun and the seller doesn't have an LTC...well let's just say I'd be reluctant to bother with the added complication.

The second simplest option would be to just sell the gun directly to a dealer, but he'll take a hit on the price since the dealer will only give him something like 50% of the price he could sell it for.
 
Asking for a friend who owns a revolver who is moving to MA and not getting their LTC.

Is it fair to say that once the revolver magically appears in MA, and within 60 days of change of residency (whatever that means, assuming the start of a lease), it has to go to an FFL (either selling to an FFL or selling through an FFL) or be surrendered to LE (pre-arranged)?

I don't believe he's interested in surrender, just wants to not run afoul of the law while trying to sell it. I told him that I believe that options are going to be sell to or through FFL (state doesn't matter as long as an FFL is involved, right?) within 60 days, and an LTC holder is going to have to do the transport. Alternatively within 60 days it could be lent to an LTC holder for storage, and subsequently sold after the 60 days as long as he, a non-LTC holder, wasn't in possession or transporting?
Only the owner can sell the gun legally, otherwise your scenarios will work.
 
The grace period to apply for an LTC after moving into MA with guns.

The simplest option for your friend if they absolutely do not intend to get an LTC is to sell their revolver before moving to MA. All the other options you mention are feasible, but complicated. If I were considering buying a gun in a private sale, but then was told there would need to be some song-and-dance about meeting a friend at an FFL because they actually have the gun and the seller doesn't have an LTC...well let's just say I'd be reluctant to bother with the added complication.

The second simplest option would be to just sell the gun directly to a dealer, but he'll take a hit on the price since the dealer will only give him something like 50% of the price he could sell it for.

Only the owner can sell the gun legally, otherwise your scenarios will work.

Thanks to both for the prompt answers. I think the plan is going to be to have me pick it up and drive it (and the owner) to a shop to see if the owner can sell it. The shop will have an FFL so it doesn't matter if it's in MA, right? In other words, interstate sale is not an issue if the destination is an FFL, we can go to NH with it?
 
Thanks to both for the prompt answers. I think the plan is going to be to have me pick it up and drive it (and the owner) to a shop to see if the owner can sell it. The shop will have an FFL so it doesn't matter if it's in MA, right? In other words, interstate sale is not an issue if the destination is an FFL, we can go to NH with it?
If they are selling it outright to a dealer, it can be anywhere. Just realize that they won't likely get more than 50% of actual value that way. Consignment will get them 70-80% but they will have to wait until it sells to see the money.
 
Mod: If you like this one, please sticky it. Seems that we get people moving to MA, despite all the warnings, every week.

So, for some reason you've decided to move to Massachusetts. As you may find on a search, this is highly discouraged by many people living here or people who have escaped this state. However, you've decided that you need to move here anyway for work, school, or whatever. You're wondering what you need to do to be able to own firearms in MA, what guns you can and can't bring, etc. Here's the rundown.

Moving with firearms.

This will come as a shock to many, but you must have a license to own any firearms, ammunition (including components) and large capacity magazines. In MA, there is the FID, which is shall-issue but only allows you to own low-capacity rifles and shotguns, and the LTC-B and A. Forget the B, it's useless. Go for the A, as it costs the same as the two other licenses and lets you own everything MA legal (the others don't) except machine guns, plus allows concealed carry if unrestricted.. So, getting one is your first priority on moving.

You can bring your firearms with you when you move, and this may be desirable as this is the only way you can get your firearms into the state without having to file registration forms on them once they're here. Bring them with you, immediately lock them up on arriving, and then start the LTC process. You have 60 days to apply for your license from the time you move in with firearms, but you want to do it as fast as possible so you can receive it within that 60 days.

As soon as you arrive, go to the RMV, get your car registration and license switched, and send in a voter registration, set up utilities and update your bank statements to your MA address. This should be enough to prove residency so you can start the application process with your town's PD.

If you choose to leave your firearms and bring them later, you will need to file an FA-10 form with the Criminal History Systems Board for each firearm brought in later (plus any firearms you buy in MA). These forms can be obtained from your local PD.

Most people will argue that you should move to a "Green" town, or one that is known to issue unrestricted licenses to carry. This is a good idea.

Also, if you have any criminal record or the like and are unsure if it will affect your suitability for a license (Massachusetts is shall issue on FIDs for low-capacity long guns and shotguns, but "may issue" based on suitability for licenses to carry (large capacity long guns and all handguns), make sure to consult with a qualified attorney who is expert on firearms matters. Forum members Cross-X, jcohen, and Scrivener (who is on vacation) are some of the best firearms lawyers in the state.

What Can I Bring?

There are a few classes of firearms that are not allowed in Massachuetts. So called "assault weapons," which have the same definition as under the old, expired Federal Assault Weapons Ban, cannot be brought in unless they were in AW configuration before 9/13/1994.

Thus, using an AR-15 as an example, your rifle has to have been a preban receiver with bayonet lug, flash hider, folding/collapsible stock, grenade launcher, or a threaded muzzle, etc made before that date to be legal in MA. If it was manufactured after that date, you'll have to cut off the bayonet lug, permanently pin any collapsible stock, and remove the flash hider and threads or permanently cover the threads with a muzzle brake. This also goes for any other rifles, such as post-ban AKs, which may have these features.

Basically, for a rifle with a detachable magazine or fixed magazine holding over ten rounds, (other than a fixed, tubular magazine .22 rifle), you can have one of the following: Pistol grip, flash suppressor, threaded muzzle or flash suppressor, collapsible/folding stock, bayonet lug, grenade launcher.

Also, you can't bring post-ban "assault pistols" that weigh over 50 ounces. Thus, without massive surgery, AR pistols and the like are out.

Certain classes of semiautomatic shotguns are also covered.

Violation of the above is a felony.

Other than that: Boston has a ban on the FN 5.7 pistol, SW500 revolver, Barrett .50BMG, and its own assault weapons ban that is more restrictive in certain ways (NO AR-15s, FALs, AKs, SKSs, period), as well as a ban on possessing any long gun magazines holding over ten rounds or shotgun mags holding more than 6 shells. This is a "home rule" regulation that only applies to residents of Boston, according to a vacationing attorney.

That's pretty easy to comply with. However, possession of large capacity magazines made after 9/13/1994 is a straight felony. There are ways to tell with some mags, others may be more difficult to tell. Do a search and you'll come up with some hits on how to identify some mags as pre-ban. If you have any newer mags, you'll have to sell them before you come, or leave them with someone, and buy ten rounders.

Now, you'll read some stuff about MA compliance. For guns you're bringing in, other than the above notations for "assault pistols", this does not affect what you can bring. MA compliance applies only to handguns sold to you by a Massachusetts FFL dealer, not to guns you already own and are bringing in, nor to guns you may purchase privately once you arrive in MA. For more information, do a search, this is covered on almost a daily basis. Basically, don't worry about it, you can bring your handguns in (although you may not bring any post-9/13/1994 magazines as noted above.

What to do once I get here?

Make sure you're an NRA member and a member of the Massachusetts GOAL (Gun Owners Action League). Make no mistake, the Massachusetts government has very little respect for your gun rights, with the exceptions of a minority of state reps and senators. Everyone needs to contribute.

Join a gun club. Some PDs will require you to join one anyway, but there are a LOT of very nice clubs in MA. You'll meet some great people.

Become a subscribing NES "Green" member. You'll get a lot of discounts, opportunities at group buys, NES shoots, and will help support this site.

Most of all, use the "search" function to help find answers to your specific questions. NOTE: The search function requires the query to contain at least four letters. Remember that all advice given here on the forum is subject to your own verification, and that with the exception of a few, none of us are lawyers and will not be held responsible if you don't understand something correctly. If you still have questions, contact a qualified attorney.
 
Mod: If you like this one, please sticky it. Seems that we get people moving to MA, despite all the warnings, every week.

So, for some reason you've decided to move to Massachusetts. As you may find on a search, this is highly discouraged by many people living here or people who have escaped this state. However, you've decided that you need to move here anyway for work, school, or whatever. You're wondering what you need to do to be able to own firearms in MA, what guns you can and can't bring, etc. Here's the rundown.

Moving with firearms.

This will come as a shock to many, but you must have a license to own any firearms, ammunition (including components) and large capacity magazines. In MA, there is the FID, which is shall-issue but only allows you to own low-capacity rifles and shotguns, and the LTC-B and A. Forget the B, it's useless. Go for the A, as it costs the same as the two other licenses and lets you own everything MA legal (the others don't) except machine guns, plus allows concealed carry if unrestricted.. So, getting one is your first priority on moving.

You can bring your firearms with you when you move, and this may be desirable as this is the only way you can get your firearms into the state without having to file registration forms on them once they're here. Bring them with you, immediately lock them up on arriving, and then start the LTC process. You have 60 days to apply for your license from the time you move in with firearms, but you want to do it as fast as possible so you can receive it within that 60 days.

As soon as you arrive, go to the RMV, get your car registration and license switched, and send in a voter registration, set up utilities and update your bank statements to your MA address. This should be enough to prove residency so you can start the application process with your town's PD.

If you choose to leave your firearms and bring them later, you will need to file an FA-10 form with the Criminal History Systems Board for each firearm brought in later (plus any firearms you buy in MA). These forms can be obtained from your local PD.

Most people will argue that you should move to a "Green" town, or one that is known to issue unrestricted licenses to carry. This is a good idea.

Also, if you have any criminal record or the like and are unsure if it will affect your suitability for a license (Massachusetts is shall issue on FIDs for low-capacity long guns and shotguns, but "may issue" based on suitability for licenses to carry (large capacity long guns and all handguns), make sure to consult with a qualified attorney who is expert on firearms matters. Forum members Cross-X, jcohen, and Scrivener (who is on vacation) are some of the best firearms lawyers in the state.

What Can I Bring?

There are a few classes of firearms that are not allowed in Massachuetts. So called "assault weapons," which have the same definition as under the old, expired Federal Assault Weapons Ban, cannot be brought in unless they were in AW configuration before 9/13/1994.

Thus, using an AR-15 as an example, your rifle has to have been a preban receiver with bayonet lug, flash hider, folding/collapsible stock, grenade launcher, or a threaded muzzle, etc made before that date to be legal in MA. If it was manufactured after that date, you'll have to cut off the bayonet lug, permanently pin any collapsible stock, and remove the flash hider and threads or permanently cover the threads with a muzzle brake. This also goes for any other rifles, such as post-ban AKs, which may have these features.

Basically, for a rifle with a detachable magazine or fixed magazine holding over ten rounds, (other than a fixed, tubular magazine .22 rifle), you can have one of the following: Pistol grip, flash suppressor, threaded muzzle or flash suppressor, collapsible/folding stock, bayonet lug, grenade launcher.

Also, you can't bring post-ban "assault pistols" that weigh over 50 ounces. Thus, without massive surgery, AR pistols and the like are out.

Certain classes of semiautomatic shotguns are also covered.

Violation of the above is a felony.

Other than that: Boston has a ban on the FN 5.7 pistol, SW500 revolver, Barrett .50BMG, and its own assault weapons ban that is more restrictive in certain ways (NO AR-15s, FALs, AKs, SKSs, period), as well as a ban on possessing any long gun magazines holding over ten rounds or shotgun mags holding more than 6 shells. This is a "home rule" regulation that only applies to residents of Boston, according to a vacationing attorney.

That's pretty easy to comply with. However, possession of large capacity magazines made after 9/13/1994 is a straight felony. There are ways to tell with some mags, others may be more difficult to tell. Do a search and you'll come up with some hits on how to identify some mags as pre-ban. If you have any newer mags, you'll have to sell them before you come, or leave them with someone, and buy ten rounders.

Now, you'll read some stuff about MA compliance. For guns you're bringing in, other than the above notations for "assault pistols", this does not affect what you can bring. MA compliance applies only to handguns sold to you by a Massachusetts FFL dealer, not to guns you already own and are bringing in, nor to guns you may purchase privately once you arrive in MA. For more information, do a search, this is covered on almost a daily basis. Basically, don't worry about it, you can bring your handguns in (although you may not bring any post-9/13/1994 magazines as noted above.

What to do once I get here?

Make sure you're an NRA member and a member of the Massachusetts GOAL (Gun Owners Action League). Make no mistake, the Massachusetts government has very little respect for your gun rights, with the exceptions of a minority of state reps and senators. Everyone needs to contribute.

Join a gun club. Some PDs will require you to join one anyway, but there are a LOT of very nice clubs in MA. You'll meet some great people.

Become a subscribing NES "Green" member. You'll get a lot of discounts, opportunities at group buys, NES shoots, and will help support this site.

Most of all, use the "search" function to help find answers to your specific questions. NOTE: The search function requires the query to contain at least four letters. Remember that all advice given here on the forum is subject to your own verification, and that with the exception of a few, none of us are lawyers and will not be held responsible if you don't understand something correctly. If you still have questions, contact a qualified attorney.
 
I have a Senior aged friend who believes it’s legal to buy a new Glock in AZ, fly to Ma with it and Register it. I told him he needs to triple check, and I did not think it was Ma compliant ? Any advice of a place to research would be great.
 
I have a Senior aged friend who believes it’s legal to buy a new Glock in AZ, fly to Ma with it and Register it. I told him he needs to triple check, and I did not think it was Ma compliant ? Any advice of a place to research would be great.
MA compliance is purely a dealer thing and not an owner thing. Never think about it again. EVER. If he is a resident of AZ (winter home), he is correct.
 
MA compliance is purely a dealer thing and not an owner thing. Never think about it again. EVER. If he is a resident of AZ (winter home), he is correct.
The mags aren't strictly a dealer thing, they are a "felony thing" in MA.

And if he isn't at least a part-time resident of AZ, the whole plan is a Federal Felony "thing".
 
The mags aren't strictly a dealer thing, they are a "felony thing" in MA.

And if he isn't at least a part-time resident of AZ, the whole plan is a Federal Felony "thing".

The topic was compliance and his confusion over "I did not think it was Ma compliant". You can always expand on his question, add sarcasm, etc, but it was a pretty simple question.
 
The topic was compliance and his confusion over "I did not think it was Ma compliant". You can always expand on his question, add sarcasm, etc, but it was a pretty simple question.
Yes, and since guns usually are sold with mags, anyone who has to ask that question probably won't have a clue that the mags that come with said guns is a problem in MA.
 
I have a Senior aged friend who believes it’s legal to buy a new Glock in AZ, fly to Ma with it and Register it. I told him he needs to triple check, and I did not think it was Ma compliant ? Any advice of a place to research would be great.

Is he a resident of AZ when in AZ? If not... Don't attempt. Don't do it. Bad bad bad illegal idea.
 
I’m in Marines and living in NC I bought a Glock and a AK while in NC, if I get my LTC in MA am I allowed to bring my firearms into the state. And is the date the firearms were manufactured a issue with the new “assault weapons” ban
 
I’m in Marines and living in NC I bought a Glock and a AK while in NC, if I get my LTC in MA am I allowed to bring my firearms into the state. And is the date the firearms were manufactured a issue with the new “assault weapons” ban
Only when you move into MA are you allowed to bring guns that you own in with you and NEVER have to register them with the state, so therefore they have no clue what you own. If you make the mistake of moving in first, getting your LTC and then retrieving your guns from out of state bringing them into MA, then you must register each one of them to be in compliance with MGLs.

The only REAL AWB is the one codified in MGL in 1998 (same as the old Clinton Ban passed in 1994), so as long as your guns and mags are compliant with that, either mfd on/before 9/13/1994 or Massified to comply you are GTG per MGLs.

A lot of us believe that the AG with her memo and press conference is full of shit and ignore her BS. YMMV.
 
So despite all good advice, it looks like I'm moving to Massachusetts. I see (but certainly do not understand why) that I can bring in unapproved guns that I already own (but can't get buy new ones once I already live there). I'm wondering, can I just move them in myself from out of state, or do I need to go through an FFL? Thanks in advance... this looks like a GREAT forum!

Adam
 
So despite all good advice, it looks like I'm moving to Massachusetts. I see (but certainly do not understand why) that I can bring in unapproved guns that I already own (but can't get buy new ones once I already live there). I'm wondering, can I just move them in myself from out of state, or do I need to go through an FFL? Thanks in advance... this looks like a GREAT forum!

Adam
You must move them in yourself, lock them up until you get your LTC. If they touch an FFL you likely will never get the ones not approved for sale in MA even though you own them.
 
I see (but certainly do not understand why) that I can bring in unapproved guns that I already own (but can't get buy new ones once I already live there).

The short answer to this is that the laws/regulations regarding handguns apply to dealer sales and transfers only. They do not apply to private sales or what you can bring into the state when moving here.

Note that you are required to abide by the AWB with anything you bring in, which includes magazine capacity restrictions.
 
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It is advantageous to get your NR LTC and them move in with your high cap guns. Here is why:

1. Scenario #1: Subject move in without LTC, gets LTC, and wants to move guns in. Since the guns were acquired after moving in, subject is required to fill eFA-10.

2. Scenario #2: Subject has NR LTC. Moves in with guns, keeps NR LTC, applies for resident LTC. Since subject had guns when moving in, no eFA-10 required to report such to the state. If the NR LTC is surrendered for early expiration, your possession of the guns is a civil violation, not criminal. If the NR LTC is revoked for failure to file a change of address, the protection of civil, not criminal, remains (there is a carveout in the law for this one particular revocation reason)
 
Does anyone know if it matters if the address on my license is outdated? I live in Boston and the address on my license is a different Boston address.

Just wondering if it's necessary for me to change it before my LTC exam next month.

Thanks in advance!
 
Does anyone know if it matters if the address on my license is outdated? I live in Boston and the address on my license is a different Boston address.

Just wondering if it's necessary for me to change it before my LTC exam next month.

Thanks in advance!
ANY time that you move, even within the same city/town, MGL requires you to notify issuing authority, new town (if any) PD and FRB by Certified Mail (ONLY). Failure to do so within 30 days of the move is per MGL grounds for revocation or denial of a LTC/FID. FRB policy is to NOT re-issue LTCs/FIDs for changes in name (marriage/divorce) or address. My advice on that is to put a sticky label with new address on DL and LTC.
 
Seems like it is prevailing thought that if you move with your guns to MA and do no file an FA-10 and obtain your LTC within 60 days, that is in accordance to the law. Despite no way to prove when you moved the guns in, I have another question...What happens if you were to take one of these "unregistered" guns on an out of state hunt with you? Would you have trouble "getting them back in"?
 
Seems like it is prevailing thought that if you move with your guns to MA and do no file an FA-10 and obtain your LTC within 60 days, that is in accordance to the law. Despite no way to prove when you moved the guns in, I have another question...What happens if you were to take one of these "unregistered" guns on an out of state hunt with you? Would you have trouble "getting them back in"?
Yes, the Mass Border Police will stop you at the border and arrest you for possession of an unregistered gun! [devil] /sarc

Sorry, I just had to do it!!

Ask yourself this:

- When was the last time you saw police in Mass stopping and searching every car that crossed the border into Mass? The answer is NEVER! It would be an illegal search and the USSC has already ruled against such witchhunts in the past.

- Even traveling thru Logan Airport with guns, no police are involved, so nobody cares when/where you got the gun.

- There is no legal requirement for you to carry papers with you for guns (except NFA and that is a Federal law requirement), only your LTC.

- From what I've been able to determine, the FA-10 (tissue paper variety) started in 1968, so guns purchased before then are all unregistered.
 
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