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Summary of laws regarding Interstate sales/transfers.

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Just thought I would revive this thread. It turns out My grandfather and grandmother are now RI residents. They filed for residency change last year and not knowing, I found out recently. On NRA website,

"There’s no national law that prevents someone from giving firearms to a friend or family member in the same state, but there are plenty of state laws regarding it."

I cannot find any laws on NRA-ILA for Rhode Island indicating ATF notification for gun inheritance.
 

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Just thought I would revive this thread. It turns out My grandfather and grandmother are now RI residents. They filed for residency change last year and not knowing, I found out recently. On NRA website,

"There’s no national law that prevents someone from giving firearms to a friend or family member in the same state, but there are plenty of state laws regarding it."

I cannot find any laws on NRA-ILA for Rhode Island indicating ATF notification for gun inheritance.
First, inheritance ONLY applies after DEATH, so doesn't sound relevant here. Besides that I'm certain that there is s sticky on inheritance here.

As far as a RI resident giving another RI resident a gun, I advise checking RI statutues directly. Do NOT rely on any 3rd party sites for legal info like that.
 
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This sums it up pretty much, but most people are confused by the rules: State Concealed Carry Permit Laws | State Concealed Carry Laws | State Concealed Carry Online Laws | National Carry Academy - Online Concealed Carry Permit

I think that's one reason why half the people I talk to at campsites - and bikers have VA CCWs.

Thought I'd compile a list and post it since there have been about 40 threads about this so far this month. If it deserves to be stickied, someone please do [wink]

Corrections welcome.

Long guns

A person may purchase long guns in person in any state that does not have a law against selling such items to nonresidents. For example, Massachusetts does not allow the sale of firearms (or ammunition) to ANY nonresidents, including NR LTC-A ALP holders! Any such out of state purchase may only be made through an FFL. Therefore, while a Massachusetts resident could purchase a rifle or shotgun from a FFL in New Hampshire, he/she could not purchase a long arm from a private citizen of New Hampshire, or any other state, this would have to be transferred through an FFL. This is federal law.

You cannot purchase a assault weapon that is illegal in MA in another state, even if you do not bring it back.

Handguns

ANY handgun transfer between residents of two different states MUST involve an FFL in the state of the purchaser. One may not leave the state, purchase a handgun in NH, VT, or any other state, and bring it back, it MUST go through a MA dealer. This is why one cannot easily obtain firearms that are not Massachusetts compliant. And that goes for "free state" residents as well. Since most dealers will not receive shipments of handguns from persons not holding an FFL, this generally means that the firearm must be transferred from the seller to an FFL in his state, then shipped to the FFL in the purchaser's state to do the transfer. That's three transfers! Don't try to get around these laws, they are federal, not Massachusetts or any other state, and breaking them will land you a pristine spot in a federal penitentiary next to a 300lb. guy named Bubba.

The "gift" exemption

The BATFE has a very specific clause concerning purchasing a firearm as a gift for another person, which allows this to occur without being labeled a straw purchase. For those who think this might be a way around, it is not. The purchaser and recipient must be residents of the same state (and NO money may change hands.) Therefore, you cannot have a friend in a "free state" purchase, let's say, a non-compliant Glock, and transfer it to you as a gift, unless they purchase it, move into the state, get an LTC, and then give it to you for free. If you have friends like that, more power to you.

The Massachusetts online/mail order ammunition ban myth

It is NOT illegal for any person to receive a shipment of ammunition from an out of state source. This myth stems from the Attorney General who shall not be named who relentlessly pursued suppliers and wholesalers, threatening and litigating them for selling ammunition in MA without a MA ammo dealer's license. This was based on the premise that any sales of ammunition online or from another out of state source actually occurred within the state, and thus were subject to MA sales tax in addition to MA regulations concerning the sale of ammunition in MA. This is NOT true, but most of the big suppliers have been scared off by these tactics which are expensive just to defend oneself against, and as a result only a few suppliers who either keep a low profile or have beaten the AG in court will supply MA shooters with ammo.

Magazines and other parts

In the rest of New England, purchasing any high-cap magazines, parts, or accessories is legal providing that they comply with BATF regulations. For example, possession of certain parts along with certain firearms may require registration as a SBR, etc. However, these cases are usually more uncommon.

In Massachusetts, any magazines over ten rounds capacity that were made after 9/13/1994 are ILLEGAL and getting caught with them will land you in prison for a good amount of time. As many have stated, one will most likely never get arrested and charged with this crime on its own, but it would most likely be an additional charge to something bigger. That said, why take the chance? It is blatantly illegal. This leads to a problem to MA shooters and those who sell magazines online or through mail order, in which identifying pre-ban magazines has become considerably more difficult since the AWB sunsetted in the rest of the country. There may be features and sometimes it is clearly evident which magazines are preban (defunct manufacturers, distinguishing features) but just as often it is totally ambiguous (many Glock FML magazines that are unmarked are impossible to tell preban or postban). This especially holds true for AK mags and the like which were often never marked by the manufacturer. As a result, many dealers have simply decided to refuse to ship 10+ round mags to Massachusetts in order to cover their asses. If the buyer can find someone who will ship, it is at their own risk. That said, if the buyer can find certified preban mags, it is perfectly legal to ship them to MA.
 
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