My son wants to give me his Hellcat RPD he bought a year or so ago as it’s too small and
like his Sig P320.He knows I’m looking for a summer ccw and this is a good fit for me although
i’m a FN guy and looking hard at a 503 and an FNX45 for a hammer gun, until them come out with a 10mm
My understanding of the Federal laws and BATF regulations is that such a transfer across state lines should go through an FFL and include a NICS check at the receiving end. There is no “family member loophole” I am aware of. An actual lawyer or more educated member here may need to clarify.
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Transfers between individuals who reside in different states must go through an FFL.
When it is a handgun, it must go through an FFL in the recipient’s state.
If son in NC wants to transfer to you in MA a handgun he currently possesses, I recommend he ships it (not USPS, preferably FedEx) to an FFL/gun store near you, where you go to pick it up. He will want to contact that FFL beforehand to ask what their policies and procedures for that are.
He could also take it to an FFL near him and pay them to ship it to an FFL near you.
I’m not up to speed on MA handgun laws, but you will want to make sure the gun in question is legal to bring into MA (talking to the local FFL in MA is a good way to clear that part up)
Generally he could also physically take it to you by visiting you and taking it to an FFL, with you in tow, and processing the transfer there. But make sure the firearm in question is legal in that state before just showing up with it.
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You’ll also need to look into if the Hellcat can even be legally transferred into MA. Last time I looked the only allowed pistols in MA were ones with a manual Safety and/or a ridiculously heavy trigger pull to make it onto their approved list.
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My read of the information below is that Hellcat standard magazines are not legal in MA since they are not covered by the 1994 grandfather clause for "large capacity feeding devices."
From the Springfield Armory Hellcat RPD site:
the Hellcat RDP comes with two magazines — a patented 11-round mag with pinky extension and a 13-round extended mag.
and from the HandGunLaw Massachusetts page:
Definition of Large Capacity Weapon
A weapon is large capacity if it is a semi-automatic handgun or rifle that is capable of accepting (or readily modifiable to accept) any detachable large capacity feeding device that holds more than ten rounds,
and
Large Capacity Feeding Devices:
Part I, Title XX Chpt. 140 Section 131M
Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.
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Move to North Carolina and take your money with you. Give massive-two-shts the one finger salute on the way out!
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Definitely don’t transfer it with the standard mags! I suspect you could find 10 rnd mags for it though.
My understanding is it also needs to be on the accepted MA roster AND meet the other MA requirements - manual safety or heavy trigger pull and whatever else MA has come up with lately.
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NC is better, but it’s not exactly a poster child for how it should be, either. NC still has pistol purchase permits and prohibits private transfers of handguns (kind of, even private transfers must have a permit from the government for the recipient)
Better than MA though
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You’re the expert.
I’m one state west of there. Has to be an improvement over MA no matter what…
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This is true, it is an improvement
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Not unless the son has a MA permit…FOPA is honored as long as you’re making forward progress…so you can’t stop in MA…quote from my Utah permit instructor who also gives the MA permit class.
Hellcat is legal in MA with 10 round mags.
https://www.springfield-armory.com/massachusetts-legal-firearms/
That’s why my next sentence was
“I’m not up to speed on MA handgun laws, but you will want to make sure the gun in question is legal to bring into MA (talking to the local FFL in MA is a good way to clear that part up)”
I wasn’t referring to FOPA. If the gun in question is legal to bring into MA you don’t need FOPA.
But thanks for filling that part in (mags)
Seems like to go through with it one thing to do would be check the availability of limited capacity magazines for the Hellcat and leave the mags in NC
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“In some cases you will be charged with possession of a firearm without an FID card based on the claim that you were not merely passing through. Massachusetts gun laws are very strict; if you travel through Massachusetts, it is best to get an FID card or avoid traveling through with a firearm. You could find yourself charged. If the evidence is clear you are just passing through, most prosecutors will exercise discretion and offer an appropriate resolution to the case. But it will still cause you to have to hire a lawyer and appear in court.”
Note the “just passing through”…the son would not be “just passing through.” The gun will be legal, once registered. The son, otoh…
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Well stated sir!
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Good catch. More filling in the gaps on
“I’m not up to speed on MA handgun laws, but you will want to make sure the gun in question is legal to bring into MA (talking to the local FFL in MA is a good way to clear that part up)”
Sounds like the shipping option, after contacting the recipient FFL, is the way to go
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Got to keep that darn terminology in check whenever we can eh
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I’m a state south…and 30 minutes from a border I don’t bother crossing. MA permit is $100/year, in person visit every 5…
MA would be a great place to go fishing after a meteor hit it and entirely filled it up with water!
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Politically, for sure. Sad thing is it’s a beautiful state in many areas. I used to do a lot of whitewater canoeing and mountain biking just over the border, and for a city, Boston was pretty neat. Like most restricted states, the cities ruin the rest.
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Talk to a lawyer about putting it into a firearm trust. Should take care of the FFL/Transfer concerns, but not the “MA illegal firearm issue.” Might be better to sell it and send him the money.
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