Private Sale of a handgun - NH resident to MA resident

[jpk444]

Hi all,

I have a friend who legally purchased a new SIG P226R DAK (10 rd mags). He would like to sell it to me. He is a NH resident, and I am a MA resident possessing an LTC-A ALP. Can anyone offer guidance about the process? I would really like to purchase the firearm, but it is not MA-Compliant, so I can't get it at a dealer here. Can I still purchase it from my friend in a private sale? Thanks for your help!

 

[Finalygotabeltfed]

Interstate handgun transfer must go through an FFL in your state(MA). If its a non MA AG compliant gun, the dealer cannot sell it to you.

 

[C-pher]

Interstate handgun transfer must go through an FFL in your state(MA). If its a non MA AG compliant gun, the dealer cannot sell it to you.

Yes, as doing a private sale across state lines is what's called a "Straw Purchace." And that's gounds for you to lose your license, as I believe it's a felony.

I'm sure one of our residents law dogs will have more details.

 

[Len-2A Training]

Yes, as doing a private sale across state lines is what's called a "Straw Purchase." And that's gounds for you to lose your license, as I believe it's a felony.

I'm sure one of our residents law dogs will have more details.

C-pher, you have the right idea but the wrong terminology.

A "straw purchase" is not related to the issue here as far as we know.

Fed Law dictates that ALL interstate gun purchases MUST involve an FFL. They allow us to purchase a long gun from ONLY an FFL in any state (as long as state law allows it), BUT ALL HANDGUN sales are ONLY allowed in the "state of buyer's residence" from an instate FFL in this case. Violation is a Fed Felony, with rights to a free, all-expense paid vacation at the Gray Bar Hotel.

Since a gun isn't MA compliant, the MA FFL is prohibited by MGLs from making the transfer.

Bottom line, you can't buy this gun, given the circumstances you outlined.

 

[rscalzo]

It wouldn't be a straw purchase as such. Here is the definition:

A straw purchase is a situation in which a buyer uses an intermediary (a "straw purchaser") through which to acquire one or more firearms from a licensed firearms dealer. The purpose is to hide the identity of the true purchaser or ultimate possessor of the firearm(s). Straw purchases and theft are common ways that prohibited people, such as convicted felons, obtain firearms.

You might check with Dave's in Plastow. He works with a dealer in Ma. for just such transfers.

 

[jpk444]

Thanks guys, I appreciate the help! Talk about disappointing...

 

[rscalzo]

I don't think it is a big deal to have a dealer in NH transfer it to MA. Dave seemed to indicate that it was done all the time. Might be worth giving him a call to check it out.

 

[Cross-X]

Take that last post as a giant hint!

 

[drgrant]

While this transfer is legal (if facilitated through an MA FFL) I don't hold
out much hope, unless you find an FFL in MA thats willing to do it that doesnt
care about the compliance BS. (And if you do, DO NOT post their name
here, or on any other public board!)

Make sure you clear this with the recieving FFL ahead of time, otherwise someone's
going to be out shipping charges when the handgun "bounces" because the MA FFL
rejects it because he doesn't want to transfer it to you.

-Mike

 

[Scrivener]

I don't think it is a big deal to have a dealer in NH transfer it to MA.

A NH dealer cannot transfer a handgun to a MA resident; only a MASS dealer can. If he doesn't "think it is a big deal," he is blissfully unaware of Federal law or its application to him.

The MA dealer has to address the consequences of non-compliance with the AFR statute and regulation, plus the addition regulation imposed by the AG.

Can you say "We Are Guns?" Suuuuuuuuuuuuure, you can!

 

[M1911]

I don't think it is a big deal to have a dealer in NH transfer it to MA. Dave seemed to indicate that it was done all the time. Might be worth giving him a call to check it out.

It is a big deal. The gun is not MA compliant, so a MA FFL cannot sell it to a MA resident.

Sorry, but you are out of luck. The only thing you could do is to buy a new Sig 226 and then have it converted to DAK -- not an inexpensive proposition.

 

[jpk444]

I have exchanged information with Sig, and they stated that the DAK trigger system is not currently "approved" for civilian use in Mass, so it is not available for purchase from a MA dealer on a DAK-model firearm. I am awaiting a response from them regarding the feasibility of doing so for a pistol with other trigger systems. Since only DAO or DA/SA systems are available for purchase here, the only solution would be a retrofit.

A retrofit is certainly is not an inexpensive proposition, but it is not terribly cost-prohibitive one either. Spending an extra 150 bucks or so to get a retrofit seems like a "no-brainer" to me, given that the DAK system is absolutely PHENOMENAL...their DAO is also very good, but the DAK is a huge improvement. Coupled with the quality of a Sig firearm, I cannot think of a better shooting platform.

Can anyone provide insight into the legalities associated with swapping trigger systems?

 

[drgrant]

A retrofit is certainly is not an inexpensive proposition, but it is not terribly cost-prohibitive one either. Spending an extra 150 bucks or so to get a retrofit seems like a "no-brainer" to me, given that the DAK system is absolutely PHENOMENAL...their DAO is also very good, but the DAK is a huge improvement. Coupled with the quality of a Sig firearm, I cannot think of a better shooting platform.

Can anyone provide insight into the legalities associated with swapping trigger systems?

There aren't any, at least not by virtue of MGL, etc. There is nothing in the law that says you cannot modify your handgun to suit your
tastes.

Of course, theres always the ayoobisms about modified guns, but that
all depends on wether or not you believe that stuff.

The retrofit is expensive, unless you find someone to swap parts
with, though. (eg, there are some weirdos that change DAKs to
DA/SA, and thats the best way to get DAK parts at minimal real
cost. ) .

-Mike

 

[jpk444]

Someone would change from a DAK to DA/SA? Say it ain't so! Thanks for the information.

 

[M1911]

Spending an extra 150 bucks or so to get a retrofit

I thought that changing to DAK costs $300, not $150. Also note that the DAK refit is not available on older Sigs.

 

[drgrant]

I thought that changing to DAK costs $300, not $150. Also note that the DAK refit is not available on older Sigs.

It's about $200 if you do it yourself, parts wise.

It may cost more than that if the factory does it, but from what I understand
the factory wont do it for MA residents.

And yes, the frame has to be one of the recent (past couple of year)
frames. You can tell by taking the right side panel off, the DAK compatible
frames have more room there than the non compatible ones do. (there
are pics, somewhere, perhaps sigforum, I think...)

-Mike