# Gun selling help



## Guest (Feb 23, 2012)

I have a Glock 23 bought new in Maine in 2006 while I was a reserve police officer up there. It has 13 round mags as well. I now live in Massachusetts and have a LTC Class A with no restrictions. I've heard conflicting information. Some say I can sell it, some say I can't sell it in this state. I'm not sure of the generation, but it was the newest model for 2006.

If I can sell it here, how can I go about doing it? Do I have to go through an EFL? Can I do a face to face private sale? What do I need to do to confirm the validity of someones LTC or do I have to concern myself with that?

Any help would be greatly appreciated!

Thanks


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## Guest (Feb 23, 2012)

Q5-TPR said:


> Private sale only. If you go through an FFL, they will only be able to transfer it out of state where it will be worth considerably less.


Anything else I should keep in mind in doing a private sale?

Also, any idea what a Glock 23 would be worth in this state? Approx 300 rounds have been fired through it.


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## ShmitDiesel (May 21, 2010)

Wolfman said:


> You can sell the gun face to face to a properly licensed Massachusetts resident and report the transfer on an FA-10 form, available at your local PD or online.


You cant get the paper FA-10 forms anymore, you have to do it all online.


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## Hush (Feb 1, 2009)

You can still get them, but you might have to stop by a few departments to find them. 

Sent from my DROID X2 using Tapatalk


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## Herrdoktor (Jun 23, 2010)

Wolfman said:


> If your *mags* were manufactured after 1994, you are committing a felony by possessing them. Get them out of state ASAP.


Wait what?


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## justanotherparatrooper (Aug 27, 2006)

Herrdoktor said:


> Wait what?


Ma has their own assault weapons ban, hi capacity magazine ban and of course the state list of "suitable" firearms.....I love NH
So like NFA machineguns, the preban stuff is worth more simoly because you cant get em.


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## CJIS (Mar 12, 2005)

ShmitDiesel said:


> You cant get the paper FA-10 forms anymore, you have to do it all online.


You can still get the forms I just did. If your dept does not have them Fax the CHSB and ask they send them to you. They will send them to you along with a letter stating you should use the online system.

I had access to a whole stack of the them but I wanted to be a pain in their ass and Faxed them


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## Herrdoktor (Jun 23, 2010)

Wolfman said:


> MA has a prohibition on large capacity feeding devices manufactured after the 1994 "ban" date. The OP indicated he had 13-round mags for the gun. So, although possession and private sale of the *pistol* itself is legal for the proper license holders, possession of the *mags* is not (unless they are preban). Have to get rid of them post haste and get 10-or-unders.
> 
> Enough to make your brain hurt.


Is law enforcement exempt from that shitty law?


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## justanotherparatrooper (Aug 27, 2006)

only


Herrdoktor said:


> Is law enforcement exempt from that shitty law?


only if its duty related I believe and they need a dept letter


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## Herrdoktor (Jun 23, 2010)

justanotherparatrooper said:


> only
> 
> only if its duty related I believe and they need a dept letter


Pathetic.

Threads like this make me want to go hug a local VA gun store owner.


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## mpd61 (Aug 7, 2002)

1. Your Glock is good to go private sale all week long to ANY Class A LTC Holder
2. If your Hi-cap glock mags are marked L.E./Govt/export then get them out of your possession. If there are NO markings on them, don't sweat it.


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## ShmitDiesel (May 21, 2010)

CJIS said:


> You can still get the forms I just did. If your dept does not have them Fax the CHSB and ask they send them to you. They will send them to you along with a letter stating you should use the online system.
> 
> I had access to a whole stack of the them but I wanted to be a pain in their ass and Faxed them


Good to know, thanks.


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## Beast (Sep 12, 2012)

I'm hoping to get some confirmation... mpd61 seems to indicate that a MA LTC-A holder is "good to go" with any HiCap mag. This seems to be my own research as well, but would still like confirmation of my research.

The only place in MA law that I can find that discusses HICAP mags is Chapter 140, Section 131M and it states:
_"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..." _

The kicker here (to me) is the "whoever not being licensed" part. That reads to me like You can have *any * HICAP mag as long as you are licensed.

131M also goes on to say that active and retired LEOs are excluded.
_"....this section shall not apply to: (i) the possession by a law enforcement officer for_
_purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement."_

So my question is this: Can I bring my recently purchased 11-round Springfield XDM across the border from RI to MA without issue? No, my department didn't issue me the XDM, but then again I wouldn't be prohibited from receiving it if they had.

About me: I am a RI resident, but have a LTC-A (High capacity, no restrictions) in MA based on my family business being located there. I am also a retired USCG NCO and thus a (retired) LEO under Title 19 Chapter 4 of the US code (section 1401 & 1589a).

Thanks...


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## Guest (Sep 12, 2012)

I would think you are covered by HR-218, being a retired officer. Not to mention a MA LTC and going into MA from RI, I don't see an issue?


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## Beast (Sep 12, 2012)

Thanks NineoneOne, you would really think so. But the Coast Guard has gone on record that they won't support their retirees under the LEOSA, claiming something about there not being a proper infrastructure to track such things. So I would have to rely solely on MA law (or whatever state I'm in at the time). This contributes to my reliance on the LTC and/or recognition that LEOs are well enough informed to recognize the CG as a fellow LEO.


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## mpd61 (Aug 7, 2002)

Public Law 108-277 and later amended by Congress and Obama. LOVING IT!!!!!!!!!!!


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## mpd61 (Aug 7, 2002)

Beast said:


> *But the Coast Guard has gone on record that they won't support their retirees under the LEOSA, claiming something about there not being a proper infrastructure to track such things*. So I would have to rely solely on MA law (or whatever state I'm in at the time). This contributes to my reliance on the LTC and/or recognition that LEOs are well enough informed to recognize the CG as a fellow LEO.


Fuck the Coast Guard, and fuck the Department of the Army, They can put out Instructions, memorandums and briefs, but they mean NOTHING.....Federal law is just that, LAW! LEOSA covers OFF-DUTY/RETIRED LEO's. If you are retired or are off duty (out the gate) then that is what the LEOSA covers! WTH?
IF you have credentials (and I'm sure you have a retired I.D. coupled with Boarding Officer or L.E. certification) then you are covered. There is already CASE LAW regarding this.

A number of other courts have held that Coast Guard boarding officers are qualified under LEOSA. In People Against Benjamin L. Booth, Jr., Indictment No. 2007-940 (2007), an Orange County, New York, county court dismissed a criminal charge against Booth, an off-duty member of the Coast Guard, who had been arrested for carrying a loaded handgun in a vehicle. The court held that Booth was authorized to carry a firearm while acting as a Coast Guard boarding officer, adding, "Although the proof at the hearing indicates that the defendant engaged in a violation of rules, regulations and policies of the United States Coast Guard by possessing a handgun for which he had no license, these violations do not act to lessen the scope of LEOSA as it is applied in this instance."
Another Coast Guardsman, Reserve Petty Officer Jose Diaz, was arrested for carrying an unloaded handgun in a vehicle in San Fernando, California, in November 2007, but the charge was later dismissed and Diaz won a $44,000 settlement from the city for false arrest. The Coast Guard has issued a formal directive to advise Coast Guard personnel of which Coast Guard personnel are considered to be covered by LEOSA, and the limitations of such coverage


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## Beast (Sep 12, 2012)

Agreed. Unfortunately I retired about five years prior to the LEOSA and I also never thought that saving a BO letter would be useful later in life since it was not one of my duties during the 2nd half of my 20+ years, so its gone forever. About all I have to show for it is my retiree ID and a page from my personnel record with my Small Arms Instructor Qual (which I maintained until retirement). Although proof of that qual isn't particularly useful, there is the US Code itself which authorizes anyone at my rank as a US Customs Officer.

Yes, life would be so much simpler had I retired AFTER the passage of the LEOSA when I could have retained more relevant paper. But even then, in a roadside stop is anyone really going to believe a tattered 8.5x11 photocopy of a something most people have never even heard of?

But again, I have a LTC-A so I really don't need to rely on LEOSA as my CCW authorization. This is just about the HICAP mag issue which seems to be resolved with just the LTC-A


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## Inspector71 (Sep 30, 2007)

mpd61 said:


> Fuck the Coast Guard, and fuck the Department of the Army, They can put out Instructions, memorandums and briefs, but they mean NOTHING.....Federal law is just that, LAW! LEOSA covers OFF-DUTY/RETIRED LEO's. WTH?
> e


Didn't you forget SSPO in there somehwere?


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## niteowl1970 (Jul 7, 2009)

Inspector71 said:


> Didn't you forget SSPO in there somehwere?


I thought SSPO granted international and Interplanetary carry? MPD never talks about that.


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## mpd61 (Aug 7, 2002)

I was an SSPO GOD!!!!!!!!!!
But I was tossed out of Valhalla by the evil DiMore


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## Inspector71 (Sep 30, 2007)

mpd61 said:


> I was an SSPO GOD!!!!!!!!!!
> But I was tossed out of Valhalla by the evil DiMore


Who?


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