This is an interesting topic and I will add my two cents.
All of you are generally correct in your various statements about sales of non-compliant firearms in MA.
I think we all agree that the following conditions must be met for firearms for sale in MA:
When discussing sales of firearms one must understand that most of these rules are focused on the dealer and are about retail sales (otherwise known as over the counter sales). I typically define, as does the AG and BATFE, an over the counter sale as one where a 4473 and FA-10 form must be filled out to complete a transaction. If a retail sale:
The firearm must be on the EOPS roster .
The firearm must be approved by the AG's office (unless the person purchasing is exempt.)
If the firearm is on the EOPS roster and approved by the AG's office any dealer may sell that firearm and anyone with the appropriate LTC may purchase it.
If the firearm is on the EOPS roster but not approved by the AG's office, only law enforcement officers or agencies may buy them in MA. If someone owns a firearm that is not on the roster and moves into MA, they too may continue to own that firearm as long as they:
Comply with the laws regarding high capacity magazines
Obtain a LTC within 60 days of moving into the state and that LTC would cover said firearm in terms of high capacity or not (Class A or Class B)
If the firearm is not on the EOPS roster and not approved by the AG's office the only way that firearm can be sold in MA would be when one of following conditions are met:
The firearm was owned by someone prior to moving to MA, and they are selling it face to face via a private sale to someone who can lawfully own that firearm.
The firearm is being sold to an agency from a firearms purveyor that is located outside MA.
The firearm is being sold to a wholesaler in MA with the express understanding that the firearm will not be resold via a retail transaction. (This is a very interesting statement which I will explain a bit later.)
The firearm predates the EOPS roster and AG's requirements and was lawfully owned in MA by either a retail customer or a dealer who maintains a retail facility.
The firearm is being sold between departments.
Earlier I mentioned wholesale transactions and they have a set of rules that apply to them as well although it's a bit more loosely defined.
A wholesaler of firearms that is based in MA may purchase any type of firearm as well as assault weapons but there is the express understanding that anything that would not be legal for sale in MA would not be sold in MA unless otherwise exempt.
Dealers in MA may purchase firearms that are not allowed for retail sale so long as they do not sell those firearms in MA. They may sell them out of MA to another dealer or retail customer via a dealer so long as the retail customer complies with federal and their state laws.
(Face to face with a dealer and 4473 and any state requirements for the sale of a firearm)
But to answer the original question:
When an individual officer wants to purchase a firearm that is on the EOPS roster and approved by the AG's office:
They may purchase it from a dealer via an over the counter sale. (4473 and FA-10)
They may purchase it on department letterhead and have it shipped to the department.
They may purchase from an individual that already lawfully owns that firearm in MA via a private sale and FA-10.
When an individual officer wants to purchase a firearm that is on the EOPS roster and is not expressly approved for retail sale by the AG's office:
The may purchase it from a dealer via an over the counter sale with ID but ultimately it would be better to have an individual officer purchase letter and a FET form.
The IOP and FET form help establish that the firearm is suitable for LE use, is approved by the department for LE work, and is not being bought for resale. It also removes the sporting tax on firearms and can save an officer money.
They may purchase from an individual that already lawfully owns that firearm in MA via a private sale and FA-10.
When an individual officer wants to purchase a firearm that is not on the EOPS roster and may or may not be approved by the AG's office:
They may purchase from an out of state dealer through the department on letterhead (Agency or IOP) and should include a FET form.
To clarify, our IOP form specifically states the following and is nearly equivalent to an agency purchase letter:
I hereby certify, under penalty of perjury, the above named law enforcement officer will use the requested firearm(s) and/or large capacity ammunition feeding device(s) for use in performing official duties, that the firearm(s) is suitable for use in performing official duties, and that the large capacity ammunition feeding device(s) is not being acquired for personal use or for purposes of transfer or resale.
I further certify, under penalty of perjury, that a records check has been conducted on the law enforcement officer who is purchasing the firearm and reveals no conviction for misdemeanor crimes of domestic violence.
More so a law enforcement officer may purchase a firearm without the above documentation because the out of state dealer may only require a copy of their ID. The firearm would still have to be shipped to the department and not to a dealer in MA as that would then be a retail transaction.
They may purchase from an individual that already lawfully owns that firearm in MA via a private sale and FA-10.
Some notes:
When stated approve by the AG's office, there is no real list of AG approval, it's more of a passive situation to the extent that the AG will tell you if you don't meet their criteria.
There may be other conditions that apply to some of these transactions and this is not legal advice.
Regards,
Craig
