carguychris
New member
Howdy all,
[EDIT]I've decided to paraphrase my post since it was way too long...
The $60,000 question: Can an out-of-state C&R holder buy a gun from an unlicensed gun owner in MA, and what are the legal risks to the buyer and seller for doing this?
Here's a few snippets I've found:
Chapter 140: Section 128A. Application of Sec. 128: "The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed... sells or transfers a firearm, rifle or shotgun... to a federally licensed firearms dealer or to a federal, state or local historical society..." So an unlicensed person can sell a gun to an FFL holder, and my 03 C&R makes me an FFL holder... right?
Chapter 140: Section 128B. Unauthorized purchase of firearms; report to commissioner; penalties: "...any nonresident of the commonwealth who purchases or obtains a firearm, rifle, shotgun or machine gun from any source... other than such a licensee or person, and receives such firearm, rifle, shotgun or machine gun, within the commonwealth shall within seven days... report, in writing, to the executive director of the criminal history systems board the name and address of the seller or donor and the buyer or donee, together with a complete description of the firearm..." So I have to report the sale... or do I? Or am I exempt from the reporting the sale under 140-128A because I'm an FFL holder? And who's this "executive director" anyway?
HELP!!
[EDIT]I've decided to paraphrase my post since it was way too long...
The $60,000 question: Can an out-of-state C&R holder buy a gun from an unlicensed gun owner in MA, and what are the legal risks to the buyer and seller for doing this?
Here's a few snippets I've found:
Chapter 140: Section 128A. Application of Sec. 128: "The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed... sells or transfers a firearm, rifle or shotgun... to a federally licensed firearms dealer or to a federal, state or local historical society..." So an unlicensed person can sell a gun to an FFL holder, and my 03 C&R makes me an FFL holder... right?
Chapter 140: Section 128B. Unauthorized purchase of firearms; report to commissioner; penalties: "...any nonresident of the commonwealth who purchases or obtains a firearm, rifle, shotgun or machine gun from any source... other than such a licensee or person, and receives such firearm, rifle, shotgun or machine gun, within the commonwealth shall within seven days... report, in writing, to the executive director of the criminal history systems board the name and address of the seller or donor and the buyer or donee, together with a complete description of the firearm..." So I have to report the sale... or do I? Or am I exempt from the reporting the sale under 140-128A because I'm an FFL holder? And who's this "executive director" anyway?
HELP!!
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