Glock Laws?

[phillies]

Dear Mass permits holders,

I am sorry as this is likely a repeat on the forum but I am putting out a post looking for help. First, I am from PA and have gotten a MA LTC after completing all the needed steps. Recently, I was given a glock 23 (with NCD) serial code (still do not know what date this is)- however it was given to me by my friend in the FBI because he got it during the academy and he can not carry it anymore because FBI gun smiths will not work on it (FBI therefore will not allow as second carry model.) So he gave it to me and now I am trying to figure out how to do the right thing and register it. However, I am seeing some issues related to MA and this model. Is there any advice ... other than get rid of it on how to handle the situation. I want to be compliant but I read the federal ATF website and it gave me a form that both of us signed and made transfer of title for our records but this seems to be Federal and not MA laws. Guidance would be great in this arena.
Sincerely,
EJ

 

[Phillip Gain]

Mass gun laws are confusing. And I don't think I can answer the question with the information you provided.

Generally speaking, though...most firearms are perfectly legal to possess in Massachusetts. There is an approved handgun roster, but it restricts what handguns FFLs can sell, not what can be possessed by an individual.

If your Glock has high-capacity magazines, it may not be legal to possess those. I recommend consulting with a firearms attorney in Massachusetts before bringing such magazines into the state.

 

[Rich_S]

If you're moving into Mass from PA you can bring the Glock into the state with no issues if you owned it when you lived in PA. I believe this is your situation- correct? If your friend who gave you the gun is from another state you're in violation of Federal law since handguns can only be transferred in your state of residence or through a dealer. The Mass compliant handgun roster places burden on dealers only. It's legal to posess any handgun (not full auto or etc.) but there are some guns that dealers can't legally sell. It's also legal to buy amy gun in a private sale as long as it is in the state legally already. As said above just make sure you aren't in possession of any mags that hold more than 10 rounds unless you can prove they were manufactured before 9-13-94 which makes them pre-ban.

 

[Phillip Gain]

Rich - I think you said it way better than I did.

Just one question though. (And this is the part I've never quite been clear on.) Wouldn't the burden be on the police / prosecution to prove that the magazines were post-ban - rather than on the possessor to prove that they were pre-ban? This seems to be more in line with the "innocent until proven guilty" doctrine that our justice system is based upon.

For example - if I had 14-round mags for my M&P, I would be found guilty, because the M&P series wasn't manufactured prior to 2005.

But if I had a Glock that used magazines that would fit models manufactured prior to 9/13/94...and if the high-cap mags for it were un-marked...how would I (or a prosecutor) know whether the magazine was pre-ban or not?

 

[Rich_S]

Rich - I think you said it way better than I did.

Just one question though. (And this is the part I've never quite been clear on.) Wouldn't the burden be on the police / prosecution to prove that the magazines were post-ban - rather than on the possessor to prove that they were pre-ban? This seems to be more in line with the "innocent until proven guilty" doctrine that our justice system is based upon.

For example - if I had 14-round mags for my M&P, I would be found guilty, because the M&P series wasn't manufactured prior to 2005.

But if I had a Glock that used magazines that would fit models manufactured prior to 9/13/94...and if the high-cap mags for it were un-marked...how would I (or a prosecutor) know whether the magazine was pre-ban or not?

The premise of what you're saying seems correct. However, we all know that LEOs aren't much up to speed on gun laws. I'd have to think that when in doubt they'd arrest and charge. I will also say that I don't hear of too many people being charged for illegal mags. I'm just paranoid so I would say that I would need to be able to prove they are legal for my own purposes before I'd own one. YMMV....

 

[ARV]

Glock mags are tricky. There are som features that can gave aprox. dates, Android some things that are a giveaway as post ban. However, Glock maintains there is NO WAY to date a mag, and refuses to help the DA and AG. Kind of a FU for the BS they went through trying to get their products "approved" by our almighty nanny-masters. If you search online you can find how to guides for dating with pictures, but its not exact. Best (safest) bet, dump the mags, and buy known prebans or 10 rounders.

 

[ARV]

Please ignore typos and this thinhabit of inserting its name "Android " every time I want "and " in a sentence. Not sure how to make it stop....

 

[phillies]

Dear Rich and ARV,

I got your replies and I thank you. I do not have the Glock in my possession here in MA bacause of my concern so I left in PA. I unfortunately did not own the gun or agree to purchase it before moving to the state which does make it an issue. However, it seems that there is one saving grace. The seller is selling or giving it to me because the FBI gun smiths will not work on the glock 23 anymore. Therefore, this presents an interesting perspective that I want to ask about... He is active FBI and has legal ability to bring gun into any state and transport a gun into any state... and once he is here in MA visiting ...could he give the gun to me and that way it was transported in legal fashion into MA?
I could then register it because it has been brought into the state in legal fashion. Does this seem possible?

thanks
phillies

 

[ARV]

double post. my bad.

 

[ARV]

No, unfortunatly it doesn't work that way. Its all about state of residence. He would have to move here to do a private sale. His being FBI is in this instance irrelevant. A mass dealer can not sell it to you. There is one possibility you could try, but it will take some work on your part. Under federal law, the frame is the "firearm". Under Mass law, a STRIPPED frame is not a firearm, and there is no state paperwork on it until it is built into a gun. Find a Mass dealer willing to do a frame transfer (only fed paperwork needed for a FRAME/RECEIVER ONLY. Some will refuse, some will do it. Its legal, but some err on the side of overly careful so as not to suffer Marthas wrath) Now, If your friend is feeling industrious, or you go home to visit, strip the gun to a bare frame. With a gun like a glock its not hard. Have said dealer in Mass accept delivery and transfer you the frame. Have your friend mail you what amounts to the parts kit, and reassemble. Fill out a FA-10 inside 7 days. Check "registration" and fill out buyer and weapon info. Seller info is left BLANK. Drop in the mail to CHSB. Done.

Complicated yes, but fully legal. Questions?