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AR15.COM
1/12/2007 1:47:08 PM EDT
I need a little help understanding the gun laws in MASS as they are just a little further to the "left" than in Texas.  My brother is in MASS and has a couple of rifles and pistols.  He is about to go through a divorce and wants me to bring them back to Texas for him.  I have a Texas CHL.  What do I need to do to stay legal if he gives them to me in MASS.  The plan is for him to give them to me, we put them in pelican cases, lock them up, and I immediately bring them back as checked luggage.

Thanks
1/12/2007 2:49:05 PM EDT
[#1]
Your best bet is to read the 'Guns & Airlines' topic at Packing.org.  It's on the homepage, left hand side.

MA Laws can be found at Goal.org, for specific details, but I think you will be fine if you do the following.

- unload the guns and lock in the Pelican case
- you and your brother drive to the airport and he stands in line with you when you check in and fill out the paperwork declaring the firearms in your name
- they will mark the case (big yellow sticker - at least a few years ago) and then the luggage is taken away
- you pick up the guns when you arrive in TX

In a nutshell, if you run into any police / problems in MA, then your brother is the owner of the guns.  Once you check in, you are the owner and you may even get a reciept from your brother declaring you as the owner just to be safe.

Good luck
1/12/2007 3:24:02 PM EDT
[#2]
i know how to do the airplane part.  i just did not know about getting from his house to the airport.  unfortunately, he will not be able to go with me, so that is why i ask.

1/12/2007 8:04:18 PM EDT
[#3]

Once you check in, you are the owner and you may even get a reciept from your brother declaring you as the owner just to be safe.

Good luck



This part of the advice requires a lot of luck indeed!!

BATFE makes it a FED FELONY to transfer guns between private parties who do not live in the same state! Long guns could be legally transfered by an FFL in any state that would allow it . . . but MA PROHIBITS non-residents from buying guns or ammo here (even if they have MA NR LTC).

MGLs also prohibit transfers to ANYONE who is not a MA Resident and holder of a MA LTC.

FOPA only applies if one is legal at both ends of the journey. Since he wouldn't be legal in MA, he can't legally transport any of the guns back to TX.

BTW, giving a receipt to the Brother would be prima fascia evidence of a Federal Felony by both parties. Not the smartest move.

Best bet would be to ship all the guns to a FFL in TX where the visiting Brother picks them up and does a legal transfer.

IANAL, so check with a good firearms attorney. But I can read the Fed and MA regs. The Feds even put this in an FAQ form on their website.