Private Sale in MA

[maccw34]

Ok i have a friend that has a NH resident CCW as well as a MA CCW as he has a business in MA. My question would be if he wishes to sell one of his guns to me can we do so as a private sale between MA ccw holders? Any help would be grateful.

[2ndsojourn]

If you are a resident of MA and he is a resident of NH then No. Transfers between residents of different states must go through a FFL. The law makes no mention of exceptions between ccw holders.

[carguychris]

Originally Posted by 2ndsojourn

Transfers between residents of different states must go through a FFL... The law makes no mention of exceptions between ccw holders.

Additionally, if the firearm is a type other than a shotgun or a rifle—e.g. a handgun, PGO shotgun, or a stripped receiver—the transfer MUST take place at a FFL in the recipient's state of residence.

If the firearm is a rifle or shotgun and the transfer is intended to take place outside of the recipient's state of residence, the firearm must be lawful to possess in the destination state, and the transfer must be legal under the laws of that state. Some states have laws prohibiting residents from receiving firearms at out-of-state dealers, but I'm not adequately well-versed with MA law to know whether MA is one of them.

[FlyFish]

Remember also that if the gun in question is a handgun, it must be legal for sale in MA according to the EOPS list, and also comply with the secret AG regulations, which aren't made public. If you could do a private in-state sale (which you can't, as 2ndsojourn said), then the gun does not have to be on the list, which only applies to dealer sales. Because your transfer must go through a MA FFL, it's treated the same as if you were buying directly from that dealer.

[Chaz88]

and also comply with the secret AG regulations, which aren't made public.

Was this just sarcasm? How can anyone comply with secret regulations?

[FlyFish]

Was this just sarcasm? How can anyone comply with secret regulations?

Not really sarcasm. Admittedly a bit of hyperbole, but only a bit.

The Attorney General regs ("standards" actually) in Massachusetts were devised as a consumer protection ploy to ensure that firearms sold in the state meet certain requirements. They were, and are, distinct and separate from the Executive Office of Public Safety (EOPS) "Approved Firearms Roster" (just to confuse things a bit further, "firearm" in Massachusetts means "handgun"). The Roster is a list of handguns that have been submitted to the state by the manufacturer for destructive testing - such things as drop tests - and, upon passing, are approved for sale. The list of approved guns is published and updated at irregular intervals. So far so good, I guess, if you agree with the basic concept and the process (I don't) - but at least there's a published list, so everyone knows where they stand.

Now, back to the AG's regulations. Even if a gun is on the Roster, it may not satisfy the AG regs, which deal with such things as trigger pull weight, magazine disconnectors, etc. The problem is that the regulations are somewhat nebulous (for example, operating the handgun must require multiple motions such that a 5-yr old would not be able to fire it - whatever that means), and have changed without warning, notice, or due process over the years. In addition, there is no list published of which handguns satisfy the regs and, if asked specifically about a particular gun, the AG's office will decline to answer. Hence, "secret" and "not made public," IMHO.

If you can stand it, you can get a somewhat more objective review of all this at the Massachusetts Gun Owners' Action League (GOAL) web site and a somewhat less objective, but more entertaining discussion in this thread at the Northeast Shooters Forum or this article from a Rhode Island newspaper.

ETA: the newspaper I linked to is actually published in Fall River, MA - near but not actually in Rhode Island