February 28, 1994






           OPEN LETTER TO ALL MASSACHUSETTS FIREARMS LICENSEES:


I.   Implementation of the Brady Law:  As previously advised, effective February 28,
1994, the Brady Law imposes a 5-day waiting period on the transfer of handguns in
states that do not already require a prior background check.  The Bureau of Alcohol,
Tobacco and Firearms (ATF) has determined that Massachusetts has a system that
subjects handgun purchasers to a criminal history background check prior to the
transfer of a handgun(s).  Therefore, the transfer(s) of a handgun(s) made in compliance
with the existing background check system in your State will not be subject to the
Federal waiting period procedure.  Regulations require, however,  that you maintain
records to demonstrate that a transfer was made under the State system.   If the sale is
made to a handgun permit or license holder, the permit or license must have been issued
within 5 years. 

It has come to our attention that the Commonwealth of Massachusetts has approved
handgun permit or license applications to persons who have been convicted of
misdemeanors punishable by up to 2 1/2 years imprisonment because such convictions
do not qualify as felonies under Massachusetts law.  There are only a handful of crimes
which fall within this category.

Federal law, however, makes it unlawful for any person to sell or dispose of any firearm
(whether a handgun or longgun) to any person knowing or having reasonable cause to
believe such person has been convicted of any felony or a misdemeanor punishable by
more that 2 years in jail.  It is also unlawful for any such person to receive or possess
firearms.

Federal firearms licensees have the responsibility of complying with both Federal and
State firearms regulations.  Therefore, even though you may not be prohibited by
Massachusetts law from selling handguns to persons convicted of misdemeanors
punishable by up to 2 1/2 years imprisonment, these sales would violate Federal law and
must not be made.  In this regard, you should pay special attention to question 8b on
Form 4473, Firearms Transaction Record, asking whether the purchaser has ever been
convicted of a crime punishable by imprisonment for a term exceeding one year. 
Persons convicted of misdemeanors punishable by up to 2 1/2 years imprisonment must
answer this question "yes", and no sale or disposition of a firearm may be made to such
person.



       
II. Reporting multiple sales of handguns.  The new law also requires you to report to
ATF and to State officials the disposition of 2 or more handguns within 5 consecutive
business days to a nonlicensee.  The regulations require that the reports are to be made
on ATF Form 3310.4, Report of Multiple Sale or Disposition of Pistols and Revolvers,
and sent no later than the close of business on the day the multiple sale or other
disposition occurs.   In reporting to State officials, send copy 2 of the 11/92 edition of the
form or copy 3 of the 1/94 edition to Department of Public Safety, Firearms & Records,
1 Ashburton Place, Room 1301, Boston, Massachusetts 02108, Attention Hamilton
Perkins.  The report  to ATF must be sent on copy 1 of the 11/92 edition or copies 1 and
2 of the 1/94 edition.

For further information, contact your local ATF office or the Firearms and Explosives   
Division at (202) 927-8300.  





                               John W. Magaw
                                 Director