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Moving from CA to MA - Questions re: Firearms

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Posted by: mrshank

Hey! I am finally moving back home to mass. I own several guns which I believe to be mass legal. ( Keltec su 16b .223 Rifle - USP .40 Compact - FNH Auto Shotgun - .38 taurus revolver ) Now, Im flying back, but my wife will be driving our truck cross-country. The guns are registered to me, not her. If she was to get stopped with the guns unloaded, locked and stowed in the back of the truck under the lid, would there be issues? If so, is it possible to ship guns via fedex/ups/mail ? Oh, one unrelated question- I am wondering if a "Tri Folder" Knife is illegal or not to carry/own in western mass. I dont plan on being a idiot and getting stopped, but if I did I dont want to be looking @ jail time. ( Image of the knife in question here:



Posted by: Wolfman

SOT will chime in soon but I'll get the ball rolling with my take...Assuming your wife is not licensed to carry these arms, you can ship long arms via UPS / FedEx / USPS. USPS will not ship handguns. Probably your best bet would be to cover your ass by having a FFL in your state ship to a FFL in MA, pick up the guns in MA when you get here. You will need to fill in a FA-10 for each one (registration only, even though there is no gun registration) when you get them in state.

If your wife is properly licensed and the guns are properly stowed, she can transport them although they are your property. You can review the Mass laws concerning transport and possession here, lots of info: www.northeastshooters.com

If that knife is double-edged, sell it before you move.



Posted by: mrshank

Quote:
Originally Posted by Wolfman
If that knife is double-edged, sell it before you move.
Hi! The knife is single-edged- Does that mean its good? re: shipping guns via fedex//UPS - Can I just ship the guns to my fathers house? Hes not a gun dealer or anything, but legally owns a few rifles / handguns himself. Am I making this more complicated than it has to be? Whats the "simplest" solution? Thanks again!



Posted by: SOT

In order to transport firearms under the FOPA (Firearms Owners Protection Act) You must be legal from point A to point B on your trip, where ever that may take you. Point A will always be your original starting point, and there may be point B, C, D, E etc depending on the length of the trip.

So some things to consider. If when you wife leave Cali, does she need some sort of identification or right or registration to possess those firearms? If so and she doesn't posses that, she would not be legal for any portion of the trip as at her original stepping off point she was not legal.

Let us pretend that she is legal at the original stepping off point, she would have to travel in a manner whereby she would be legal at each subsequent stop. Let us pretend that one of her stops along the way take her into NY. She would not be legal, as persons outside of NY can only bring pistols into the state under very specific circumstances.

Further MA has an assault weapons ban and a high capacity magazine ban. If any of the firearms would have been considered assault weapons they must be pre 1994. If any of the magazines are high capacity, they too must be pre 1994. If any of the firearms, rifles, or shotguns are of large capacity you must get in MA a license commiserate with said guns within 90 days of entry into MA. You may not transport those firearms ANYWHERE while waiting for the license. In order to get a license, you must take a firearms safety course from a MA approved and licensed instructor and receive a MA state safety certificate, so as soon as you get to the town where you plan on living, go get the paperwork and start with the class.

The owner of a rifle or shotgun may ship said gun to a dealer via USPS (and sometimes a common carrier like UPS FedEx).
You man NOT ship a firearm (as an individual) to another individual, ever. At least one person must be a licensee.
So in your example, you can not ship your rifles and shotguns to your dad, because that would constitute and illegal transfer.
What some people do, and I am not advocating this, is they ship their rifles and shotguns to themselves at the far destination, all while being locked in a case and while they maintain possession of the keys for said case. An example would be: hunters that ship their rifles to a hunting lodge for a hunt v. checking them in at the airport.
The BEST way to do this would be to: ship all the rifles and shotguns to a MA dealer, then when you get your license, pick them up from said dealer. The pistols will be more problematic as no dealer in MA can transfer an HK USP that wasn't lawfully owned in the state prior to 1998, and I am not sure on the Taurus revolver if those are "approved" in MA.

On the pistols, you would probably be best to transport those yourself, being legal in CA and being legal in MA int hat you have 90 days to secure the license.



Posted by: mrshank

I figured teh HK USP would be fine. As far as I know, California is even harder on gun laws than MA is. Its not like its a tactical usp (No threaded tip, etc..) Just a tiny USP with 10 round mags.



Posted by: TopCop24

Here's a simple question...Why on earth are you flying and your wife driving?? Man up and put your wife on the plane and drive cross country yourself



Posted by: mrshank

Quote:
Originally Posted by TopCop24
Here's a simple question...Why on earth are you flying and your wife driving?? Man up and put your wife on the plane and drive cross country yourself
Shes doing a road trip with 2 of her friends, whereas I cant go as I cant take off 10 days- + We have a cat :P



Posted by: SOT

Quote:
Originally Posted by mrshank
I figured teh HK USP would be fine. As far as I know, California is even harder on gun laws than MA is. Its not like its a tactical usp (No threaded tip, etc..) Just a tiny USP with 10 round mags.
In 1998 Ma came up with a list of guns that were "OK" for dealers to sell and transfer. Now here is the rub, any individual can OWN just about any pistol in MA, but dealers are still beholden to transferring what is on the list and what is approved by the AG. The HK USP is on the list but not approved for sale or transfer in MA by the AG. So if you try and send the gun to an MA dealer and then pick it up, they can not "transfer" it to you.

Crazy stuff but true.



Posted by: mrshank

ok, here comes a question im sure you guys wont like answering- What if I just put all the guns in a metal case in the back of the truck, locked up with a key that only I have, under the Tonneau Cover- If my wife was to get stopped (and then actually search the car) what would happen, considering tis a locked box which she has no key to? Would you let her go on? What would the fines be if they did break into the box and found the guns? -Dan



Posted by: SOT

Depending on what state, she would go to jail or they wouldn't care.
It's not a fining issue in some states, it isa minimum mandatory sentence (NY, NJ maybe parts of OH, certain cites along the way maybe). Other states wouldn't even care...like AZ doesn't care if you bring pistols into the state, NM same, most of the "fly over states" do not care..PA doesn't care, etc and so on...but I think if you drove into Philly, they care and they care a "lot"...or maybe they don't...and that is the issue...you may run afoul of the law someplace along the line...chances are...don't know because I don't know your wife and her friends. Lastly consider if the guns get stolen...then what.
As always it is best to follow the law.





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