Posted: 5/8/2016 4:40:17 PM EDT
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Hey guys,
I'm from Alabama and am in the process of selling a Sphinx SDP Compact to a fellow AR15er here in the EE and after he requested me to transfer the frame to his FFL through mine and mail the slide and barrel to his house, I started looking into the law. The Sphinx is NOT on the list and I from what I've read, he is correct about being able to "build" it himself. Can someone smarter than me enlighten me on this, I am thoroughly confused and want to sell this pistol to a fellow AR15er and not some random Armslist sale, but I'm so confused on this. Fella seems like a standup guy and I just want to do right by him and not have either of us in the ATF's sites! Thanks |
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Massachusetts regulates which firearms (handguns) a dealer holding a Massachusetts dealer's license may sell in state. That is effected by a two step process. First and foremost, a pistol must be on the approved firearms roster, which indicates that the firearm passed a testing regimen described in MGL C 140 S 123 (18)(19)(20)(21). The firearm must also meet the attorney general's standards. [I'm not going to get into exceptions] (Numerous handguns on the approved firearm roster do not meet the attorney general's standards)
Some Massachusetts dealers are willing to transfer frames and receivers of firearms that are not on the approved firearm roster or that do not meet the AG's standards. Those dealers would claim that the frame or receiver does not meet the statutory definition of a firearm and thus is not subject to those requirements. Some other dealers believe that those transfers would constitute unfair trade practices and that they (meaning the transferring dealer) could be exposed to liability for the transfers. |
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Quoted:
So it is ok to proceed with the sale, the buyer is ok with it, I just want to be in the clear on my end as well, I've got three tax stamps in the works and I don't want to jeopardize them? Yes. Frame is g2g to FFL. By MA definition frame is not a firearm and only bound by federal laws (4473 and FFL). |
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Quoted: Yes. Frame is g2g to FFL. By MA definition frame is not a firearm and only bound by federal laws (4473 and FFL). Quoted: Quoted: So it is ok to proceed with the sale, the buyer is ok with it, I just want to be in the clear on my end as well, I've got three tax stamps in the works and I don't want to jeopardize them? Yes. Frame is g2g to FFL. By MA definition frame is not a firearm and only bound by federal laws (4473 and FFL). Correct answer. Even FRB has been rumored to confirm that transferring a mere frame is AOK and a work-around to our dumb laws/regs. |
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Quoted:
Even though the slide is serialized with the same number? Yes, it is completely legal. Personal preference is to keep your mouth shut, the reason is because even though it is legal there are a few dealers that look at it as a shady purchase because it's not on th AGs list. Pick up the frame and that's all that needs to be said. |
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Quoted:
Yes, it is completely legal. Personal preference is to keep your mouth shut, the reason is because even though it is legal there are a few dealers that look at it as a shady purchase because it's not on th AGs list. Pick up the frame and that's all that needs to be said. Quoted:
Quoted:
Even though the slide is serialized with the same number? Yes, it is completely legal. Personal preference is to keep your mouth shut, the reason is because even though it is legal there are a few dealers that look at it as a shady purchase because it's not on th AGs list. Pick up the frame and that's all that needs to be said. And I am still in the clear? |
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Quoted:
And I am still in the clear? Quoted:
Quoted:
Quoted:
Even though the slide is serialized with the same number? Yes, it is completely legal. Personal preference is to keep your mouth shut, the reason is because even though it is legal there are a few dealers that look at it as a shady purchase because it's not on th AGs list. Pick up the frame and that's all that needs to be said. And I am still in the clear? The AGs list mentioned only applies to dealers. Copy of it here. Meaning that the dealers will get fined for transferring a non compliant firearm. The buyer still gets to keep the firearm transferred and will not face any charges or fines. ''Firearm'', a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged Frame + Slide is a firearm under MA law. Frame only is not. |