Question about selling to a non-res

[kalash]

I'd like to sell an old bolt rifle to a buddy who lives out of state. He has a C&R (mine expired) and a Mass non-res LTC.

1) How does this work, legally? Can I just give it to him FTF next time he visits, or do we need to go to a local FFL to do a transfer?

2) I'll need to report the transaction. Can I leave the buyer's info blank in this case or no?

Thanks.

 

[nstassel]

My take is that his non resident LTC is irrelevant. Since he is not a resident of Mass the transfer has to be through an FFL and is not a portal transaction.

 

[MAJoe]

My take is that his non resident LTC is irrelevant. Since he is not a resident of Mass the transfer has to be through an FFL and is not a portal transaction.

Is this the case if the buyer is in a state where no license is required to buy? Say buyer is in NH and has a C&R. This is a C&R gun.

Can OP ship to buyer? Can OP transfer face to face in NH? Does this only work if OP has a valid C&R too? I think answer is no to anything physically in MA.

 

[nstassel]

Is this the case if the buyer is in a state where no license is required to buy? Say buyer is in NH and has a C&R. This is a C&R gun.

Can OP ship to buyer? Can OP transfer face to face in NH? Does this only work if OP has a valid C&R too? I think answer is no to anything physically in MA.

A sale of any firearm to a non FFL holder resident of another state must go through an FFL. Whether they have a possessory or carry license in their home state is irrelevant. The only twist is that with long guns the FFL need not be in their home state whereas for a handgun it must be. So here, the buyer could come to Mass and do the transaction and take the gun back to NH which they could not do if it was a handgun.

 

[drgrant]

A sale of any firearm to a non FFL holder resident of another state must go through an FFL. Whether they have a possessory or carry license in their home state is irrelevant. The only twist is that with long guns the FFL need not be in their home state whereas for a handgun it must be. So here, the buyer could come to Mass and do the transaction and take the gun back to NH which they could not do if it was a handgun.

I thought simons rock nulled out non residents? Eg, S122 dealers cant sell to them.

 

[CrackPot]

A sale of any firearm to a non FFL holder resident of another state must go through an FFL. Whether they have a possessory or carry license in their home state is irrelevant. The only twist is that with long guns the FFL need not be in their home state whereas for a handgun it must be. So here, the buyer could come to Mass and do the transaction and take the gun back to NH which they could not do if it was a handgun.

With the important addition that the buyer in question has a FFL, specifically a C&R and the gun is C&R eligible. He can legally just ship the gun directly to the buyer if supplied with a copy of his FFL.

No transaction can take place in MA with the buyer because of MA law. He can also hand deliver the gun to the buyer in NH again because the buyer has a FFL.

 

[CrackPot]

I thought simons rock nulled out non residents? Eg, S122 dealers cant sell to them.

ayup. MA dealers can only sell to resident FID/LTC holders in state at their place of business or gun shows.

 

[LuvDog]

Is the rifle C&R eligible?

 

[kalash]

No transaction can take place in MA with the buyer because of MA law.

Can you explain this please? The buyer can legally possess this rifle in MA, since he has a (non-res) LTC. If I can go to a NH FFL and buy a rifle, why can't he come to a MA FFL and have said FFL transfer it to him?

 

[CrackPot]

Can you explain this please? The buyer can legally possess this rifle in MA, since he has a (non-res) LTC. If I can go to a NH FFL and buy a rifle, why can't he come to a MA FFL and have said FFL transfer it to him?

MGL 140 123, conditions of a MA dealers license. While it is permitted under federal law, it is not permitted under MA law. A MA dealer can only sell to residents of MA that possess FID or LTC as appropriate. Hard stop.

"That no delivery of a firearm shall be made to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty-one nor shall any delivery of a rifle or shotgun or ammunition be made to any minor nor to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty-one or a firearm identification card issued under the provisions of section one hundred and twenty-nine B nor shall any large capacity firearm or large capacity feeding device therefor be delivered to any person not having a license to carry firearms issued under section 131 nor shall any large capacity rifle or shotgun or large capacity feeding device therefor be delivered to any person not having a license to carry firearms issued under said section 131"

 

[MAJoe]

With the important addition that the buyer in question has a FFL, specifically a C&R and the gun is C&R eligible. He can legally just ship the gun directly to the buyer if supplied with a copy of his FFL.

No transaction can take place in MA with the buyer because of MA law. He can also hand deliver the gun to the buyer in NH again because the buyer has a FFL.

Thanks this is the nuance I was looking for. Can an 03 buy directly, interstate, from a non-licensee.

 

[LuvDog]

With the important addition that the buyer in question has a FFL, specifically a C&R and the gun is C&R eligible. He can legally just ship the gun directly to the buyer if supplied with a copy of his FFL.

No transaction can take place in MA with the buyer because of MA law. He can also hand deliver the gun to the buyer in NH again because the buyer has a FFL.

I thought an 03FFL could buy eligible firearms away from his FFL address. Is this allowed federally, but not in MA because of stupid MA laws and MA not recognizing an 03?

 

[kalash]

With the important addition that the buyer in question has a FFL, specifically a C&R and the gun is C&R eligible. He can legally just ship the gun directly to the buyer if supplied with a copy of his FFL.

No transaction can take place in MA with the buyer because of MA law. He can also hand deliver the gun to the buyer in NH again because the buyer has a FFL.

Follow up questions:
1) He lives further away than NH. But can I drive the rifle up to NH, meet him there, hand it over, and then he can drive it home to his state?
2) No matter what, I'm going to have to register this transfer via eFA10, right?

 

[CrackPot]

Follow up questions:
1) He lives further away than NH. But can I drive the rifle up to NH, meet him there, hand it over, and then he can drive it home to his state?
2) No matter what, I'm going to have to register this transfer via eFA10, right?

Yes
No

 

[appraiser]

Can you explain this please? The buyer can legally possess this rifle in MA, since he has a (non-res) LTC. If I can go to a NH FFL and buy a rifle, why can't he come to a MA FFL and have said FFL transfer it to him?

A non resident even with a non resident LTC can't even buy a round of 22LR in MA

As someone mentioned above, Simons Rock
( 1992 Bard College at Simon's Rock shooting - Wikipedia )

some college kid bought a gun, killed a few people, the State decided the best way to deal with the issue was to ban non residents from buying long guns and ammo. They were already prohibited by Federal law from buying handguns"

 

[nm1]

Yes
No

Right, since the buyer has a C&R FFL they can acquire a C&R firearm from anyone/anywhere in the US (this was buried in the ATF rules/FAQs).

If the transaction takes place outside of MA there is no issue. If it takes place in MA both parties are also bound by MA private sale laws making it a no-go according to state law.

 

[MaverickNH]

I sold a C&R to a fellow club member from NH a few weeks back. I always list saying I will sell to a club member with proof of NH residency and a NH PRL, just to weed out the non-NH club members who are confused on laws. At the point of sale, “time for the paperwork” was mentioned. I said “the only paper involved is folding cash money”. And that was the end of it.