Selling Longarm to Out-of-State Dealer

NE Patriot

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Can I sell a longarm (lever rifle) to an out of state dealer, myself? I.e. without going through a Mass dealer?

If so, how do I record the sale to get the longarm off my Mass. list of registered firearms?
 
Can I sell a longarm (lever rifle) to an out of state dealer, myself? I.e. without going through a Mass dealer?

If so, how do I record the sale to get the longarm off my Mass. list of registered firearms?
Federal law, yes you can ship to a licensee anywhere in the country (licensee means FFL holder). BUT 50%+ FFLs will not accept from a private party so you need to check with the receiving FFL.

There is no list of guns registered to you. The old MIRCS system is a database of transactions so there might or might not be a transaction record where the gun was sold/transferred to you. The gun is not registered to you. The state does not currently know what you own. There is nothing to be done about MIRCS.

Under the new law, MGL 140 121B requires that guns be actually registered BUT the state as 12 months from 10/2/24 to implement such a system and then you will have an additional 12 months to actually register what you own.
 
Its just like, herpies,it never goes away…

It will always be on your list, doesn't matter how you dispose of it
yep, i've posted about it a shitload but when my ltc was suspended the cops brought over a huge document to collect all the guns listed from day one of having and ltc even tho I only had like 5 still in my possession. "All others were disposed of lawfully" "ok bye"
 
OP- in addition to what @CrackPot stated....

I will also add that if you find a remote FFL that takes private inbounds... for the love of god, please follow directions especially when they ask you to include copies of your identification. Make Sure that copy is in the box, maybe email a scan of it to the dealer as well.

There is literally nothing worse than trying to log in a gun at a gun shop without having identification of the person that actually sent it there. These mystery guns become a f***ing operational nightmare. When people do not include this, this becomes he reason why shops stop taking inbounds from non dealers. 🤣

This is what happens at a lot of FFLs when a mystery gun appears:

(NSFW)

View: https://youtu.be/WDQQfBrSUs0?si=No8weEeSSgC51Snv
 
Shipping it will be easier if the FFL sends you a label to ship it on their account as many shipping companies are really cutting down on firearms being shipped by an individual who is not also a FFL

If they pay for the shipping, it becomes their property and responsibility, meaning if it is lost or stolen in transit it is their problem not yours, so get paid up front before you ship it

As for any record of it having been owned by you, as others have said every firearm that you ever bought from a FFL in MA or recorded by way of a FA-10 or eFA-10 will be forever tied to you even if you no longer own it
 
Aaargh. So the system works ... as well as the RMV. I'll keep good records in case uncle Leo pays me a visit. I guess this is my penance for living in and paying taxes to support the people's republic.
 
Aaargh. So the system works ... as well as the RMV. I'll keep good records in case uncle Leo pays me a visit. I guess this is my penance for living in and paying taxes to support the people's republic.
You have no obligation to keep records. I would argue you are better off not keeping them. Your lawyer can tell the police it is sold out of state and no, you have no idea to whom.

Don’t give yourself responsibilities not required under the law.
 
Can I sell a longarm (lever rifle) to an out of state dealer, myself? I.e. without going through a Mass dealer?

If so, how do I record the sale to get the longarm off my Mass. list of registered firearms?
You have to call them up for a form. Cant do it online.
 
You have no obligation to keep records. I would argue you are better off not keeping them. Your lawyer can tell the police it is sold out of state and no, you have no idea to whom.

Don’t give yourself responsibilities not required under the law.

Are you the out of state dealer he is trying to sell the rifle to? What kind of shady stuff are you planning to do with that lever action? 🤣
 
Aaargh. So the system works ... as well as the RMV. I'll keep good records in case uncle Leo pays me a visit. I guess this is my penance for living in and paying taxes to support the people's republic.

No mass specific advice, but I would absolutely keep the records. Do you plan to ship or drop off at the FFL location? If shipping with their label - keep a copy of the FFL, FFLeZCheck, label (verify addresses on previous 3), final tracking printout (verify delivery to the original address on label) , and comms with transaction and confirmation of the receipt.

If your lawyer actually has to talk to anybody about this rifle, records should make your life easier.
 
I'll keep records. If the DA goes on a witchhunt and says I'm doing straw sales, records will stop that. Even if you're not prosecuted, the accusation can foul you, like when renewing a LTC.
 
No mass specific advice, but I would absolutely keep the records. Do you plan to ship or drop off at the FFL location? If shipping with their label - keep a copy of the FFL, FFLeZCheck, label (verify addresses on previous 3), final tracking printout (verify delivery to the original address on label) , and comms with transaction and confirmation of the receipt.

If your lawyer actually has to talk to anybody about this rifle, records should make your life easier.
If you have a practice of keeping records and ever FAIL to keep records for such a transaction, THAT will get you in trouble. Clearly you don't have the records for this gun because you did something nefarious because see, you have records for every other gun you disposed of.

When dealing with the ATF, this is true in spades. Certain dealers like to photocopy drivers licenses. There is no regulation that requires it. When a FFL is inspected, the ATF goes through one year of 4473s. If most of them have photo copies of drivers licenses, they will write you up for a violation on every single 4473 w/o a photo copy of the drivers license. Clearly you have a process and you have failed in your process. No joke.

This is why I do not keep copies of FA10s on personal stuff and keep no records of who I sell stuff to (personally). I do nothing not required by law. I setup no expectation of keeping extra legal records.

You are doing yourself no favors with your decision to keep extra records. Ask your lawyer...
 
If you have a practice of keeping records and ever FAIL to keep records for such a transaction, THAT will get you in trouble. Clearly you don't have the records for this gun because you did something nefarious because see, you have records for every other gun you disposed of.

No, "I don't have records for this gun, because CrackPot argued I would be better of not having them, without asking about my prior record keeping practices!" 🤣😇


When dealing with the ATF, this is true in spades. Certain dealers like to photocopy drivers licenses. There is no regulation that requires it. When a FFL is inspected, the ATF goes through one year of 4473s. If most of them have photo copies of drivers licenses, they will write you up for a violation on every single 4473 w/o a photo copy of the drivers license. Clearly you have a process and you have failed in your process. No joke.

Cool anecdote. I am not sure if you would be able to successfully appeal such write up due to no laws or regulations being broken, but that is a discussion for another thread.


This is why I do not keep copies of FA10s on personal stuff and keep no records of who I sell stuff to (personally). I do nothing not required by law. I setup no expectation of keeping extra legal records.

You are doing yourself no favors with your decision to keep extra records. Ask your lawyer...


Everyone has their own risk tolerance. Even if you have FU money and win at the end, you might end up wishing you would have done things differently. Just to clarify, we are talking about the transaction that is being documented by receiving FFL anyway, not legal paperless FTF between two residents of a free state. OP's sale will eventually end up in the fed archive. That is beyond OP's control.

Basic scenario which turns this sale into potential issue: FFL sells this rifle to whoever, [maybe other sales, loss, theft happen here], then rifle is found at a scene (as a bonus - scene is back in MA), trace is run, OP is contacted.

I don't need to ask a lawyer, seems obvious to me which way will be cheaper and have less pain. If your lawyer disagrees, please do let me know! 🙏 :cool:
 
OP- in addition to what @CrackPot stated....

I will also add that if you find a remote FFL that takes private inbounds... for the love of god, please follow directions especially when they ask you to include copies of your identification. Make Sure that copy is in the box, maybe email a scan of it to the dealer as well.

There is literally nothing worse than trying to log in a gun at a gun shop without having identification of the person that actually sent it there. These mystery guns become a f***ing operational nightmare. When people do not include this, this becomes he reason why shops stop taking inbounds from non dealers. 🤣

This is what happens at a lot of FFLs when a mystery gun appears:

(NSFW)

View: https://youtu.be/WDQQfBrSUs0?si=No8weEeSSgC51Snv

My standard on inbounds is "legibility." I try and keep it simple: I don't need a license photocopy, or an email of one. Just a legible shipping label will do. But people even manage to screw that up by handwriting the origin address with crayon on tissue paper and not even bothering to tape over it. Over the weekend, I learned that Atlanta has 90 zip codes because I couldn't tell if something was an 8, 0, 9, or 6.
 
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