MA-Gun Laws (Fed & MA) and Inheritance

Thanks to all for this helpful information.
Here is my situation.
Current LTC holder. Fighting Cancer since 2019. Wife not licensed not interested. two sons 15,12 too young for license.
Have a Trust for everything (home, Bank accounts, etc...) which includes approximate values of my firearm collection but not itemized and various accessories (Pre-Ban Mags, ammo) not calculated.
Would like to leave entire collection for my boys but don't know if this is possible.
Helpful advice would be welcome. Thanks very much.
ShuDawg
IANAL, but, do you have someone who is LTC that can hold onto the collection until the boys are of age?
A trustworthy someone.
 
Thanks to all for this helpful information.
Here is my situation.
Current LTC holder. Fighting Cancer since 2019. Wife not licensed not interested. two sons 15,12 too young for license.
Have a Trust for everything (home, Bank accounts, etc...) which includes approximate values of my firearm collection but not itemized and various accessories (Pre-Ban Mags, ammo) not calculated.
Would like to leave entire collection for my boys but don't know if this is possible.
Helpful advice would be welcome. Thanks very much.
ShuDawg
wife should get the LTC just to hold onto the property, whether she's interested in it or not.
 
Thanks to all for this helpful information.
Here is my situation.
Current LTC holder. Fighting Cancer since 2019. Wife not licensed not interested. two sons 15,12 too young for license.
Have a Trust for everything (home, Bank accounts, etc...) which includes approximate values of my firearm collection but not itemized and various accessories (Pre-Ban Mags, ammo) not calculated.
Would like to leave entire collection for my boys but don't know if this is possible.
Helpful advice would be welcome. Thanks very much.
ShuDawg

Sorry to hear about the cancer (20 year cancer survivor here).

There are a number of good firearms attorneys on NES who can provide you the advice you need.

Good luck.
 
Sorry to hear about the cancer (20 year cancer survivor here).

There are a number of good firearms attorneys on NES who can provide you the advice you need.

Good luck.
Thanks for the kind thoughts. I guess I'd better start contacting them and get the ball rolling.
 
Thanks to all for this helpful information.
Here is my situation.
Current LTC holder. Fighting Cancer since 2019. Wife not licensed not interested. two sons 15,12 too young for license.
Have a Trust for everything (home, Bank accounts, etc...) which includes approximate values of my firearm collection but not itemized and various accessories (Pre-Ban Mags, ammo) not calculated.
Would like to leave entire collection for my boys but don't know if this is possible.
Helpful advice would be welcome. Thanks very much.
ShuDawg
The easiest solution wold be for your wife to get her LTC for estate planning purposes, then she could take possession and keep them locked up until the kids are old enough.
 
The easiest solution wold be for your wife to get her LTC for estate planning purposes, then she could take possession and keep them locked up until the kids are old enough.
In defense of his wife, her objection may not be to the relatively straightforward act of obtaining an LTC. It might be that she doesn't feel that she is adequately qualified (and interested) in firearms to the point where she can manage the collection alone and teach the kids over time proper gun ownership and gun handling skills.
 
In defense of his wife, her objection may not be to the relatively straightforward act of obtaining an LTC. It might be that she doesn't feel that she is adequately qualified (and interested) in firearms to the point where she can manage the collection alone and teach the kids over time proper gun ownership and gun handling skills.
I would understand hesitation on her part. It is easy for us to 2nd guess. All she has to do is be the steward of the collection and the children can get training, find a friend, become more or less interested, in the time to come. Lock them away until the kids are grown and matured enough to make that decision on their own.

I've never shared this, but firearms of a family were destroyed at home because one father didn't see the need to pass them on to the younger generation. This information was not passed on until late in life. My heart sank deep that day. They would not have just been sentimental but quite possibly historical. Once they are gone, they are gone. :(
 
Thanks to all for this helpful information.
Here is my situation.
Current LTC holder. Fighting Cancer since 2019. Wife not licensed not interested. two sons 15,12 too young for license.
Have a Trust for everything (home, Bank accounts, etc...) which includes approximate values of my firearm collection but not itemized and various accessories (Pre-Ban Mags, ammo) not calculated.
Would like to leave entire collection for my boys but don't know if this is possible.
Helpful advice would be welcome. Thanks very much.
ShuDawg
The 15 year old can get an FID. If that covers some of your guns, get that in process - unless, of course, that son is woke.

There is an old saying "I hope my wife does not sell my guns for what I told her I paid for them". You should leave explicit instructions for guns and related accessories in your will. Check out consignment sellers - and make a contingency arrangement as that will no doubt have a better return than the vultures who by collections from widows who do not really know the value.

If you have a trusted friend, have him/her sell the pre-ban mags. LTC required from the buyer, but no limit or regulation on selling these privately.

If your wife does not need the $$ from your guns, follow my approach - just have them given away to friends. I have a "who gets what" list in my safe.
 
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Thanks to all for this helpful information.
Here is my situation.
Current LTC holder. Fighting Cancer since 2019. Wife not licensed not interested. two sons 15,12 too young for license.
Have a Trust for everything (home, Bank accounts, etc...) which includes approximate values of my firearm collection but not itemized and various accessories (Pre-Ban Mags, ammo) not calculated.
Would like to leave entire collection for my boys but don't know if this is possible.
Helpful advice would be welcome. Thanks very much.
ShuDawg
I wish you luck in fighting the cancer.

Someone with a LTC must take possession and at least keep them locked up. If nobody does this, the police will happily confiscate everything and send them all to MSP for destruction. At the very least, your Family would be cheated out of whatever dollar value the collection would have if sold. And your children would be cheated out of the collection as well.

It is essential that your Wife get and maintain the LTC, just so that she can shield them from destruction until the children are old enough to get LTCs and take possession of them.

Good luck!
 
Someone with a LTC must take possession and at least keep them locked up. If nobody does this, the police will happily confiscate everything and send them all to MSP for destruction. At the very least, your Family would be cheated out of whatever dollar value the collection would have if sold. And your children would be cheated out of the collection as well.
I thought there was an exemption (180 days????) for the executor of the estate. Len - what say you?

If the wife does not want an LTC, second choice would be a shooting buddy. Failing that, you could probably find volunteers or cooperative FFL here on NES.
 
I thought there was an exemption (180 days????) for the executor of the estate. Len - what say you?

If the wife does not want an LTC, second choice would be a shooting buddy. Failing that, you could probably find volunteers or cooperative FFL here on NES.
Rob, I thought that you would know what the 180 day bit is all about. See comment below.
Correct. Who ever is left the guns has 180 days to get an LTC..
It isn't as simple as most think. AFTER the estate is settled, the executor (now called personal representative to be PC) has 180 days to get licensed IFF they are keeping the guns.

When my Father died, with a will and a trust, it took 270 days for the damn probate judge to accept them and appoint me as executor (this was back when they still used that term). Thus, I took a real personal interest in this 180 day rule when everyone was mis-interpreting it. [The horrendous delay was due to having a Sister with Down Syndrome and a guardian ad litum taking almost all of those 270 days before he had his paralegal call me and ask me a couple of questions and file his report with the judge.]

I also believe that in MA you can't settle an estate until at least a year has passed, as the law allows anyone to come out of the woodwork within that year to claim that they are owed money from the estate.
 
Part of the answer to this dilemma depends on the size and nature of the gun collection (which is none of our business here). If the OP's wife refuses to get an LTC and the guns have to be stored somewhere outside of the home... and there are no trusted friends or family... having a large gun collection stored could get risky or expensive.
 
Rob, I thought that you would know what the 180 day bit is all about. See comment below
I thought I did but was not 100% certain. Am I correct in understanding that "has 180 days after settlement to get LTC" means the personal representative may possess the firearms without an LTC while the estate settlement is pending?
 
I thought I did but was not 100% certain. Am I correct in understanding that "has 180 days after settlement to get LTC" means the personal representative may possess the firearms without an LTC while the estate settlement is pending?
IANAL, but that is how I interpret it. That person is an agent of the court at that point.
 
IANAL, but that is how I interpret it. That person is an agent of the court at that point.
What is interesting, and typical of MA being imprecise in wording of some laws, is that this exemption does not contain a qualification like "not ineligible to obtain an LTC".
 
Thanks everyone for the helpful advice especially Len.
I will try again and harder to appeal to my better half about the value my collection represents and the importance that she be able to retain possession of it going forward for the boys. I don't want her getting ripped off by someone offering $100 for a $1000 item.
That said, nothing in the collection is irreplaceable or heirlooms they're all just my range toys. I plan on making a more detailed itemized inventory w/Pictures and values (US Value & MASS Value) for her reference so she will have that should she decide to sell. Once that is done I'll get an updated will. Hopefully I can convince my wife to get the LTC. Fingers crossed. If not I may think about giving them to the local gun club I recently joined to get my boys on the range and to make some new friends. They seem like very nice people and I really enjoyed the limited time I spent there helping out.
 
Hi thanks for having me. My situation is fairly unique, I've talked to two mass gun lawyers who were helpful but both said that the police may try and rail road me here and there.

My uncle married a "sugar baby" after being diagnosed with a terminal illness. When he realized she was grifting him and wanted a divorce, she had him section 12'd. Because of the section the police seized all weapons and they are with the property dept.

My application for license is pending w my local PD. When I left the finger print guy said probably be 60 days. I'm about 30 days in. When I talked to property last I explained situation they said they would hold them for six months from when they send us a letter (assume I won't get the letter and it will go to the woman he was divorcing)

My uncle has now passed, "all guns and ammo" are named to me in will. I believe 129c (n) indicates I can possess the guns for 180 days while license pending...but guns are with police. Can I get them from police without a license in this situation?

Will provide further updates, not sure my uncle's LTC was revoked or not when he was section's, so unsure of best way to transfer via eFA10 inheritance or registration when I have my license?
 
Hi thanks for having me. My situation is fairly unique, I've talked to two mass gun lawyers who were helpful but both said that the police may try and rail road me here and there.

My uncle married a "sugar baby" after being diagnosed with a terminal illness. When he realized she was grifting him and wanted a divorce, she had him section 12'd. Because of the section the police seized all weapons and they are with the property dept.

My application for license is pending w my local PD. When I left the finger print guy said probably be 60 days. I'm about 30 days in. When I talked to property last I explained situation they said they would hold them for six months from when they send us a letter (assume I won't get the letter and it will go to the woman he was divorcing)

My uncle has now passed, "all guns and ammo" are named to me in will. I believe 129c (n) indicates I can possess the guns for 180 days while license pending...but guns are with police. Can I get them from police without a license in this situation?

Will provide further updates, not sure my uncle's LTC was revoked or not when he was section's, so unsure of best way to transfer via eFA10 inheritance or registration when I have my license?

Welcome to NES. That's one heckuva first post. Sounds like you might need a good probate lawyer as well as a firearms knowledgeable attorney.

We have several good lawyers here, depending upon where you are located. COMM2A (Commonwealth Second Amendment) might be helpful.

Good luck.
 
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