Transferring a Gun in Massachusetts: A Step-by-Step Guide
Transfering a gun in Massachusetts requires a thorough understanding of the state’s laws and regulations. The process is governed by the Massachusetts Bureau of Firearms Identification (BFId) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In this article, we will take a closer look at the legal requirements and procedures for transferring a gun in Massachusetts.
Before You Begin
Before transferring a gun in Massachusetts, it is essential to understand the following:
• Private Sale vs. Retail Sale: A private sale is a transfer of ownership between two individuals without a licensed dealer involved, while a retail sale requires a licensed dealer to conduct the transfer.
• Assault Weapons: Some guns, including assault rifles and certain semi-automatic weapons, are prohibited in Massachusetts. It is crucial to understand the laws regarding assault weapons before transferring a firearm.
Legal Requirements for Transferring a Gun in Massachusetts
To legally transfer a gun in Massachusetts, you must meet the following requirements:
• Age: You must be at least 18 years old to purchase or acquire a firearm.
• Background Check: A thorough background check is required before transferring a firearm. You will need to submit an FBI Form 4473 to the transferor and a copy of your fingerprint-based background check.
• Residency: The transferor and transferee must be Massachusetts residents to legally transfer a firearm in the state.
How to Transfer a Gun in Massachusetts
The process for transferring a gun in Massachusetts is as follows:
Private Sale
Who can Transfer:
- Individuals can transfer firearms privately as long as they do not have any disqualifying criminal convictions or involuntary commitment to a mental hospital.
Procedure:
- Background Check: The seller must ensure that the buyer is prohibited from owning a firearm in Massachusetts by conducting a criminal records check and a firearms permit check.
- FBI Form 4473: The buyer must complete and sign a FBI Form 4473, which is a waiver allowing the FBI to complete a background check.
- Copy of License: The buyer must show their valid Massachusetts firearms identification (FID) card.
- Transfer the Firearm: Once the background check is complete, the seller can transfer the firearm to the buyer.
Who can Purchase:
- Private Party Transaction: Individuals can purchase a firearm from a private individual.
- Licensed FFL: A licensed firearm dealer (FFL) can also sell a firearm to a private individual in a private party transaction.
Retail Sale
What’s Required:
- Licensed FFL: The sale must be made by a licensed firearm dealer (FFL).
- Background Check: The dealer must conduct a National Instant Criminal Background Check System (NICS) background check.
Procedure:
- Fingerprint-based Background Check: The dealer must submit the transferee’s fingerprints to the state police for a criminal background check.
- NICS Background Check: The dealer must then submit the transferee’s name and other identifying information to the NICS background check system.
- Firearm Transfer: If the background check is cleared, the dealer can transfer the firearm to the transferee.
Timing
- Private Party Transaction: The transfer should take place within 6 hours of the background check, unless the check results in a delay or suspension, in which case it can take up to 3 days.
- Licensed FFL: The transfer should take place after the background check is cleared.
Important Considerations
- Assault Weapons: Some guns are prohibited in Massachusetts, so it is crucial to determine whether the firearm is eligible for transfer.
- State Laws: Massachusetts state laws govern the transfer of firearms, so it is essential to understand the relevant regulations.
- Registration: The buyer must register the firearm with the local police department within 2 days of the transfer.
Table: Massachusetts Firearms Identification (FID) Card Requirements
| Eligibility | Requirements |
|---|---|
| Minimum Age | 18 years old |
| Identification | Valid Massachusetts driver’s license or state ID card |
| Criminal Conviction | No disqualifying criminal convictions |
| Court Orders | No court-issued restraining orders or conservatorships |
In Conclusion
Transferring a gun in Massachusetts can be a complex process. It is essential to understand the legal requirements and regulations surrounding firearms transfers in the state. By following the procedures outlined above, private sellers and licensed dealers alike can ensure a legal and smooth transfer of ownership.
Remember to always prioritize responsible gun ownership and ensure compliance with state and federal laws regarding firearms. If you are unsure about any aspect of the transfer process, consider consulting with a licensed dealer or law enforcement agency.
