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View Full Version : Buying a handgun in MA from out of state dealer question.



BigMike72
09-03-10, 22:54
Please read I am NOT trying to break the law but I am curious on if the following transaction is possible.

In MA there are not alot of H&K dealers. I have found numerous dealers thru various websites that have models I am interested in. The issue is they have 13/15rd mags. I am limited to a 10rd mag in MA.

Can I have the dealer pull the mags, swap them out for some 10rd ones (even trade) and then have them sell me the gun thru a MA FFL dealer?

Just curious.

Thanks

8200rpm
09-04-10, 00:27
I'm not familiar with MA laws, but the laws in CA are similar in regards to magazine capacity. In my experience as a CA buyer:

1) Some out of state dealers were willing to substitute 10 rounds magazines for the full capacity magazines.
2) Some dealers were willing to ship without magazines without any sort of substitution or price reduction.
3) Some dealers flat out were not willing to do business with CA gun owners.

As long as there are no other MA laws prohibiting you from purchasing the handgun in question, you should be able to find a dealer who's willing to swap or delete the magazines.

Soxfan9
09-04-10, 06:15
Please read I am NOT trying to break the law but I am curious on if the following transaction is possible.

In MA there are not alot of H&K dealers. I have found numerous dealers thru various websites that have models I am interested in. The issue is they have 13/15rd mags. I am limited to a 10rd mag in MA.

Can I have the dealer pull the mags, swap them out for some 10rd ones (even trade) and then have them sell me the gun thru a MA FFL dealer?

Just curious. Thanks


Mike, check out this thread:

http://www.northeastshooters.com/vbulletin/threads/37553-MA-Handgun-Compliance-Q-A-Thread-(new)

BigMike72
09-04-10, 09:23
I'm not familiar with MA laws, but the laws in CA are similar in regards to magazine capacity. In my experience as a CA buyer:

1) Some out of state dealers were willing to substitute 10 rounds magazines for the full capacity magazines.
2) Some dealers were willing to ship without magazines without any sort of substitution or price reduction.
3) Some dealers flat out were not willing to do business with CA gun owners.

As long as there are no other MA laws prohibiting you from purchasing the handgun in question, you should be able to find a dealer who's willing to swap or delete the magazines.


Thanks for the response.

mass-diver
09-04-10, 10:20
As long as there are no other MA laws prohibiting you from purchasing the handgun in question, you should be able to find a dealer who's willing to swap or delete the magazines.

It's illegal for dealers to sell new H&K pistol in MA. You can buy one from a individual (personal transfer) who got the pistol into the state by either

1.) being a cop
2.) moving into the state with the pistol
3.) knows an FFL willing to look the other way and violate the AG regs

Cagemonkey
09-06-10, 14:30
The sale of handguns in MA is regulated by the Attorney General in the name of consumer protection. These AG regulations determine what handgun you can buy. Their is (2) lists of handguns that pertain to the AG Regs. The 1st list, is a list of compliant handguns that meet AG Regs and have been tested by The Dept of Public Safety. The 2nd list, is the list of handguns the AG has approved/signed off on. The 2nd list is the one that counts. The 1st list is just wishful thinking. Mass-diver has pretty much summed it up. I know of a loophole, but I have not personally tried it yet. Their is a certain Gun Shop out of state that works with an in state Dealer. You buy a handgun on the 1st list from the out of state dealer. He ships the handgun to the in state dealer mentioned. The in state dealer does the transfer and registration. The argument is that you purchased the gun out of state and that the in state Dealer is only doing the transfer.

Robb Jensen
09-06-10, 14:40
Per Federal law one must purchase handguns in their own state of residence. The only exception to this would be active duty military.
They can purchase in their home state of residence or in the state where they are PCS.

You can purchase a handgun from any dealer or person of another state. But that dealer/person would have to ship it to a dealer in your home state of residence.

PappyM3
12-03-10, 10:40
The sale of handguns in MA is regulated by the Attorney General in the name of consumer protection. These AG regulations determine what handgun you can buy. Their is (2) lists of handguns that pertain to the AG Regs. The 1st list, is a list of compliant handguns that meet AG Regs and have been tested by The Dept of Public Safety. The 2nd list, is the list of handguns the AG has approved/signed off on. The 2nd list is the one that counts. The 1st list is just wishful thinking. Mass-diver has pretty much summed it up. I know of a loophole, but I have not personally tried it yet. Their is a certain Gun Shop out of state that works with an in state Dealer. You buy a handgun on the 1st list from the out of state dealer. He ships the handgun to the in state dealer mentioned. The in state dealer does the transfer and registration. The argument is that you purchased the gun out of state and that the in state Dealer is only doing the transfer.

If I recall correctly, the only way to bypass the AG regs is with a personal transfer. As soon as the firearm is transfered to an FFL, it can no longer be transfered to a person unless that person is LEO. So even though the MA FFL isn't technically selling it, they're still doing an FFL transfer and not a personal transfer.

Boy am I thankful that I got some "banned" pistols in Georgia before I ETSed back to MA :dance3:

Cagemonkey
12-03-10, 21:33
If I recall correctly, the only way to bypass the AG regs is with a personal transfer. As soon as the firearm is transfered to an FFL, it can no longer be transfered to a person unless that person is LEO. So even though the MA FFL isn't technically selling it, they're still doing an FFL transfer and not a personal transfer.

Boy am I thankful that I got some "banned" pistols in Georgia before I ETSed back to MA :dance3:Picked up a new Glock 19 last weekend from a Mass dealer using the method described above. Completed the Federal paper work along with the Mass registration. Everything went smooth.

PappyM3
12-04-10, 17:50
Picked up a new Glock 19 last weekend from a Mass dealer using the method described above. Completed the Federal paper work along with the Mass registration. Everything went smooth.

Interesting.... very interesting. Glad it worked out for you. :D

Cagemonkey
12-05-10, 09:32
Interesting.... very interesting. Glad it worked out for you. :DPM if your interested.

60buckscash
11-17-11, 00:27
Short answer is probably no. If the gun is not on the AG approved roster then an FFL holder cannot do the transfer without breaking local laws. The way that many get around this is the private sale route.

For legal questions check out the Legal Section on Northeastshooters.com. It has all of the info you will need. For private sales check out the classifieds.