[Link is a #PDF] ow.ly/wa78k”
This tweet is both a misstatement of the law, and misleading to lawful gun owners in Massachusetts. The link contained in the Twitter post takes you to to the “Commonwealth of Massachusetts Executive Office of Public Safety and Security Approved Firearms Roster”, often referred to as “the EOPSS Roster”. We’d like to take this opportunity to clear up some myths about this list.
MYTH: Handgun purchasers in Massachusetts must ensure that the handgun they purchase is on the approved roster.
REALITY: The requirements of M.G.L. c. 140 s. 123 and 940 C.M.R. 16.00 apply only to licensed dealers in Massachusetts, and govern what firearms the dealer may transfer or sell to a Massachusetts resident. The laws and regulations place no burden on the purchaser of any firearm to ensure that it appears on the Massachusetts Approved Firearms Roster, or is compliant with the Attorney General’s regulations.
MYTH: Anyone selling a handgun in Massachusetts must ensure that the handgun they sell is on the approved roster.
REALITY: The requirements of M.G.L. c. 140 s. 123 and 940 C.M.R. 16.00 apply only to licensed dealers in Massachusetts, and govern what firearms the dealer may transfer to a Massachusetts resident. The above laws and regulations do not govern private transactions conducted on an FA-10 or E-FA-10 form. Therefore, it is legal for a private individual to sell a handgun which does not appear on the Approved Firearms Roster or does not meet the Attorney General’s requirements set forth in 940 C.M.R. 16.00.
MYTH: Any handgun which appears on the EOPSS Roster may be sold by a dealer in Massachusetts.
REALITY: The Approved Firearms Roster is only one-half of the requirements determining what firearms may be sold by a licensed dealer in Massachusetts to a Massachusetts resident. The transfers of handguns by Massachusetts licensed dealers are also subject to the Attorney General’s Handgun Sales Regulations, 940 CMR 16.00, et seq. Firearms on this Approved Firearms Roster do not necessarily comply with the requirements of the Attorney General’s Handgun Sales Regulations. Although handguns manufactured by Glock appear on the EOPSS Roster, those same handguns have been refused certification by the Attorney General’s office.
MYTH: Massachusetts Residents may only possess handguns which appear on the EOPSS Roster and/or are AG Complaint.
REALITY: The requirements of M.G.L. c. 140 s. 123 and 940 C.M.R. 16.00 apply only to licensed dealers in Massachusetts, and govern what firearms may be transferred to a Massachusetts resident. The above laws and regulations do not restrict the firearms which may be owned or possessed by a resident of Massachusetts. Therefore, it is completely legal to possess a handgun which does not appear on the Approved Firearms Roster; the only restriction is that a dealer may not transfer an “unapproved” handgun to a Massachusetts resident.
MYTH: A Massachusetts Resident may only purchase a handgun which appears on the EOPSS Roster and is AG Compliant.
REALITY: The requirements of M.G.L. c. 140 s. 123 and 940 C.M.R. 16.00 apply only to licensed dealers in Massachusetts, and govern what firearms the dealer may transfer to a Massachusetts resident. The laws and regulations do not place any liability on the purchaser of a non-compliant firearm from a Massachusetts dealer, even if the firearm is purchased by a Massachusetts resident. Therefore, it is not illegal to purchase a handgun which does not appear on the Approved Firearms Roster from a dealer, although the dealer may be violating M.G.L. c. 140 s. 123 or 940 C.M.R. 16.00 by selling it to you.
Additionally, there are many exceptions to the EOPSS Roster and Attorney General regulations. Those exceptions will be discussed in a future post.
MYTH: The firearms on the Approved Firearm Roster are the only firearms that may be purchased by a Massachusetts Resident.
REALITY: The M.G.L. c. 140 s. 123 and 940 C.M.R. 16.00 pertain only to the sale of handguns, and not rifles or shotguns which do not fall within the definition of “Firearm” or “Assault Weapon” under M.G.L. c. 140 s. 121. Rifles and Shotguns which are not “assault weapons” are not regulated under M.G.L. c. 140 s. 123 or 940 C.M.R. 16.00. Handguns which are exempt from the testing requirements of M.G.L. c. 123 and 940 C.M.R. 16.00 nevertheless may not be transferred if the handgun is an “assault weapon” as defined by M.G.L. c. 140 s. 121.
A more accurate version of this tweet might have read:
Dealers: Before selling a handgun, first make sure it is on the roster of ones approved in MA, as well as certified by the Attorney General, if selling to a Massachusetts resident.
What are the legalities surrounding this situation?
ReplyDeleteA family member or friend who resides in another state possesses a handgun that is perfectly legal in the state in which they reside - NH for instance - but would not be legal for a MA resident to purchase/have transferred through an FFL because it doesn't appear on the approved roster or is AG approved.
But that friend/family member is willing to loan the handgun to a MA resident. Would that MA resident (duly licensed with a Class A LTC) be able to possess and/or carry it?
Yes, if it truly is a loan and does not violate the MA Assault Weapons Ban. The MA resident would be able to possess and/or carry a weapon not on the list in MA as long as he or she has a valid MA LTC, and as long as he or she abides by the MA Assault Weapons Ban.
DeleteThe requirement to be on the Approved Weapons Roster and Attorney General's list applies to sales and transfers through FFLs, but not to the mere possession of said firearm. However, the situation you describe could be seen as a "straw purchase" if the lender never intended to own or possess the weapon themselves. You cannot get around the legal purchase requirements in MA by using a "straw man" to purchase, because that would violate the federal ban on straw purchases recently upheld by SCOTUS: http://www.wsj.com/articles/supreme-court-upholds-federal-ban-on-straw-purchases-of-guns-1402932979.
(The Assault Weapons Ban in MA is taken almost exactly from the Federal Assault Weapons Ban of 1994. Read the Federal Assault Weapons Ban here: https://www.govtrack.us/congress/bills/103/hr4296/text. Read the Assault Weapons Ban codified in MA law here: https://www.govtrack.us/congress/bills/103/hr4296/text)