Is the preban sp89 legal in massachussets?
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Thread: Is the preban sp89 legal in massachussets?

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    Default Is the preban sp89 legal in massachussets?

    I have someone who wants to buy my preban IK dated SP89 that lives in Mass. I have looked on the registries, but can only find it listed under high cap weapons, w/pistols like the USP etc. But it does not state if they are legal or illegal. I was hoping someone has dealt w/this exact issue before and knows for sure which side the gun lands on. I am leaning toward illegal from what i read. I hope i am wrong. Thank you.

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    It's a murky subject. My advice would be to get a copy of the buyer's FFL before money has changed hands, and verify with the FFL that they would be willing to transfer.
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    My understanding is, Preban or not, it would have to be in the state of MA before the ban.. so the transfer would have to be From a MA FFL to MA FFL, or MA resident personal transfer to MA resident, or MA FFL transfer to MA resident... obviously with both owner and buyer being MA residents, and properly licensed.
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    The person who purchased it is the FFL and gun store owner. He explained the laws to me, told me its legal, ( now but not a year or so ago), because its pre 1994. I DO NOT want to run afoul o f any LEO state, or fed. But the man sounded like he knew what he was talking about and has a high rating as a buyer with many purchases/sales of FFL items.. His gun store is real, I checked it out. But, if above poster is correct, the FFL is wrong, or intentionally exploiting one of the many many very gray areas of the Mass AWB. If you did into this thing, it's rediculous, and the residents up there still do not have it figured out, if you read thier forums. There`s 2 schools of thought on all these regs. Not sure where that leaves me. The gun sold for a good price and I dont want to unnecessarily unwind this thing.
    Last edited by bones0831; 06-19-2019 at 03:55 PM.

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    Contact the MA. AG's Office (Criminal Bureau) at 1-617-727-2200!!!

    Tony

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    Quote Originally Posted by bones0831 View Post
    The person who purchased it is the FFL and gun store owner.
    Sounding more and more shady, to me ..

    https://www.mass.gov/guides/frequent...rcement-notice

    "I am a dealer. May I re-stock my inventory of Assault Weapons for sales exclusively to law enforcement officers?

    No. However, you may take orders for sales of Assault Weapons to law enforcement officers, and you may obtain those weapons from your distributor and possess them until you complete the transfer. When you do so, you must retain information sufficient to verify that the transferee is a law enforcement officer."

    To me that clinches it -- if FFL's aren't allowed to stock banned guns, even for LEO sales without a specific LEO order, then how could it be possible to transfer it to them.

    I agree with Tony. Call the Mass. AG or state police.

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    Mass FFL has the weapon its legal!

    Fora run around duck and dodge answers contact AG Healey's office. Hard to get a definitive answer from them. I live in Massachusetts and use to be a Class 3 dealer. I finally decided a few years back that it wasn't worth my time any longer. Limited on new guns for sale, Best deals are used weapons from auction houses or private estates and Class 3 machine guns.

    The AG will not let SBR's in any longer especially if its an HK. I know from personal experience with a HK51B sale. IF an Mass. FFL is willing to accept it your good. The Dealer is suppose to know the law not John Q public when it comes to a purchase. Face it no one is going to knock on your door unless the weapon was used in a crime. Tracking weapons to the first owner from manufacturer to distributor is easy. Once you sell it privately and then sold X amount of times to another person in another state its hard to track.
    Last edited by FrankD; 07-12-2020 at 01:50 PM. Reason: add information
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    Quote Originally Posted by FrankD View Post
    IF an Mass. FFL is willing to accept it your good. The Dealer is suppose to know the law not John Q public when it comes to a purchase. Face it no one is going to knock on your door unless the weapon was used in a crime. Tracking weapons to the first owner from manufacturer to distributor is easy. Once you sell it privately and then sold X amount of times to another person in another state its hard to track.
    Jesus. And you were a Class III dealer? The cavalier way you treat the law is scary.

    Possessing a banned weapon IS the crime. Having it in your home, as a safe queen -- sure, a cop is unlikely to find it. But owning it is a crime. Selling it is a crime.

    Granted, the law is dumb. Don't like the laws in your state? Leave. It's that simple. But breaking the law is unacceptable, and ignorance of the law is no excuse.

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    I went back and reread the original post "Is the preban sp89 legal in massachussets" Your original response is correct. If you notice I agreed with you. Mike LhK is also correct and I agreed with him. I interpreted bones 0831 email as the SP89 being in the State of Massachusetts.

    What bones 0831 states is "The person who purchased it is the FFL and gun store owner because its pre 1994". I interpret that as the Owner/FFL Dealer owned it for years and has decided to sell it or knew it was in the state and purchased it from a private party, another FFL dealer, auction house or estate sale. I have Pre-ban firearms and magazines from the 80's. Does that make me Illegal?

    This State has two rosters which can be confusing to the average gun buyer and even the FFL Dealers in Massachusetts. It been so bad over the past years that a well know FFL dealer in the State has an Attorney to interpret the AG's Healey's vaguely written regulations. What the laws are today and what they were back in the 70's, 80's and 90's when I was in business have changed drastically over the years.

    As of 7/2020 https://www.mass.gov/lists/approved-...rearms-roster- This is the latest approved roster. Under HK the SP89 is listed as approved. FFL Dealers in the state are processing SP89 paperwork. So its Legal!
    Last edited by FrankD; 07-17-2020 at 03:41 PM.

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    Find Norton Arms and Ammo. If anyone can hunt down a legal SP89 its him, but im sure they are costly premium. If they were in MA before Mitt Romney signed off they are good if you can find one.
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