An interesting scenario. Bringing family gun from out of state into MA

[Underwhere]

The scenario: Someone (who lives in Boston and does not have a license) just recently lost their father who lived out of state.
They purchased a gun for their father years ago and would like to somehow stay in possession of it in some shape or form.

His wife does not want him to be licensed and getting a license in Boston is hard enough. The gun has never been fired and probably never will be.

What options does he have?

Scenario 1:
Can he bring it up here, I take possession of it at the airport (being licensed) and keep it until he figures out what he wishes to do with it? If he later on gets his MA license or decides to sell it, how would he take ownership of the gun or transfer it to someone else?

Scenario 2:
Send it to an FFL in NH where family members in NH can take ownership and store it (The family is not a 2A family and has no safe, nor the interest to keep it and maintain it).

Is there something I am not thinking of? Are my scenarios breaking any laws? I can't think of how they would.

 

[yanici]

Seems like someone has to own the gun. He can't. You can. I'd think having it transferred to your FFL and to you. Then "if" he gets licensed you could FTF to him. No way he can hold the gun.

 

[vellnueve]

The scenario: Someone (who lives in Boston and does not have a license) just recently lost their father who lived out of state.
They purchased a gun for their father years ago and would like to somehow stay in possession of it in some shape or form.

His wife does not want him to be licensed and getting a license in Boston is hard enough. The gun has never been fired and probably never will be.

What options does he have?

Scenario 1:
Can he bring it up here, I take possession of it at the airport (being licensed) and keep it until he figures out what he wishes to do with it? If he later on gets his MA license or decides to sell it, how would he take ownership of the gun or transfer it to someone else?

Scenario 2:
Send it to an FFL in NH where family members in NH can take ownership and store it (The family is not a 2A family and has no safe, nor the interest to keep it and maintain it).

Is there something I am not thinking of? Are my scenarios breaking any laws? I can't think of how they would.

Scenario 1 is not permissible because he cannot even fly with it to MA since he isn't legal at his destination.

Scenario 2 is fine, but sort of impractical.

You best option is just to take ownership of the gun itself and have it transferred directly to you via an FFL. He screwed himself on this regard when he married someone who won't let him have a license, which really isn't all that difficult to get in Boston other than having to do the range test.

 

[Underwhere]

Ok thanks for the advice.

I wasn't aware it had to be legal at your destination if flying. I thought a lawful owner could take possession of it.

 

[RichM]

Did he inherit the rifle? If so, read the threads on inheritance here and here.

From the first lnk:

I was discussing this issue with an attorney over the weekend and sent him the following text that I was able to find. Not being an attorney myself, there are areas of Fed and MA law on this topic that are open to interpretation that seriously impact our ability to transfer older handguns. Consider this as a "work in progress", if I get additional information on this subject, I will add it as a reply to this "sticky".

The discussion we had were with regard to "do the guns have to be explicitly willed or can they be part of the decedent's unnamed property which the executor has authority to dispose of according to their own wishes and desires" (within, of course, whatever guidance was left by the decedent).

Here are cut 'n paste directly from the USC, cites provided:

[snip]

MGL Ch. 140 S. 129C(n)

http://www.mass.gov/legis/laws/mgl/140-129c.htm

Chapter 140: Section 129C. Application of Sec. 129B; ownership or possession of firearms or ammunition; transfers; report to executive director; exemptions; exhibiting license to carry, etc. on demand

Section 129C. No person, other than a licensed dealer or one who has been issued a license to carry a pistol or revolver or an exempt person as hereinafter described, shall own or possess any firearm, rifle, shotgun or ammunition unless he has been issued a firearm identification card by the licensing authority pursuant to the provisions of section one hundred and twenty-nine B.

No person shall sell, give away, loan or otherwise transfer a rifle or shotgun or ammunition other than (a) by operation of law, or (b) to an exempt person as hereinafter described, or (c) to a licensed dealer, or (d) to a person who displays his firearm identification card, or license to carry a pistol or revolver.

A seller shall, within seven days, report all such transfers to the executive director of the criminal history systems board according to the provisions set forth in section one hundred and twenty-eight A, and in the case of loss, theft or recovery of any firearm, rifle, shotgun or machine gun, a similar report shall be made forthwith to both the executive director of the criminal history systems board and the licensing authority in the city or town where the owner resides. Failure to so report shall be cause for suspension or permanent revocation of such person’s firearm identification card or license to carry firearms, or both, and shall be punished by a fine of not less than $200 nor more than $1,000 for a first offense and by a fine of not less than $1,000 nor more than $5,000 for a second offense.

The provisions of this section shall not apply to the following exempted persons and uses:

. . .

(n) The transfer of a firearm, rifle or shotgun upon the death of an owner to his heir or legatee shall be subject to the provisions of this section, provided that said heir or legatee shall within one hundred and eighty days of such transfer, obtain a firearm identification card or a license to carry firearms if not otherwise an exempt person who is qualified to receive such or apply to the licensing authority for such further limited period as may be necessary for the disposition of such firearm, rifle or shotgun;

MGL Ch. 140 S. 128A

http://www.mass.gov/legis/laws/mgl/140-129c.htm

Chapter 140: Section 128A. Application of Sec. 128

Section 128A. The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed as provided in section one hundred and twenty-two, sells or transfers a firearm, rifle or shotgun to a person licensed under said section one hundred and twenty-two, or to a federally licensed firearms dealer or to a federal, state or local historical society, museum or institutional collection open to the public. The provisions of section one hundred and twenty-eight shall not apply to any resident of the commonwealth who, without being licensed as provided in section one hundred and twenty-two, sells or transfers to other than a federally licensed firearms dealer or organization named above not more than four firearms, including rifles and shotguns in any one calendar year; provided, however, that the seller has a firearm identification card or a license to carry firearms, is an exempt person under the conditions of clauses (n), (o), (r) and (s) of the fourth paragraph of section one hundred and twenty-nine C, or is permitted to transfer ownership under the conditions of section one hundred and twenty-nine D and the purchaser has, in the case of sale or transfer of a firearm, a permit to purchase issued under the provisions of section one hundred and thirty-one A and a firearm identification card issued under section one hundred and twenty-nine B, or has such permit to purchase and is an exempt person under the provisions of section one hundred and twenty-nine C, or has been issued a license to carry firearms under the provisions of section one hundred and thirty, or in the case of sale or transfer of a rifle or shotgun, the purchaser has a firearm identification card or a license to carry firearms or is an exempt person as hereinbefore stated; and provided, further, that such resident reports within seven days, in writing to the executive director of the criminal history systems board on forms furnished by said executive director, the names and addresses of the seller and the purchaser of any such large capacity feeding device, firearm, rifle or shotgun, together with a complete description of the firearm, rifle or shotgun, including its designation as a large capacity weapon, if applicable, the caliber, make and serial number and the purchaser’s license to carry firearms number, permit to purchase number and identifying number of such documentation as is used to establish exempt person status in the case of a firearm or the purchaser’s license to carry number or firearm identification card number or said document identity number, in the case of a rifle or shotgun.

[snip]

 

[vellnueve]

Ok thanks for the advice.

I wasn't aware it had to be legal at your destination if flying. I thought a lawful owner could take possession of it.

You can't transport interstate unless it is legal for you to possess at your destination. Even if he hands it off to you at the airport, it will still have been illegal for him to fly to MA with it.

Did he inherit the rifle? If so, read the threads on inheritance here and here.

From the first lnk:

The OP stated that the person in question is not allowed to get a license, so inheritance does nothing to help here.

 

[vellnueve]

Double

 

[RichM]

The scenario: Someone (who lives in Boston and does not have a license) just recently lost their father who lived out of state.
They purchased a gun for their father years ago and would like to somehow stay in possession of it in some shape or form.

His wife does not want him to be licensed and getting a license in Boston is hard enough. The gun has never been fired and probably never will be.

[snip]

The OP stated that the person in question is not allowed to get a license, so inheritance does nothing to help here.

I'm not sure that he is unable to get licensed, just that his wife doesn't wish him to.

In that scenario, could he not still inherit the rifle, and legally transport it to MA as the beneficiary regardless of his intent to sell the property at a later date?

If he then sells the rifle prior to the end of the 180-day window to become licensed, wouldn't that be permissible? Obviously he will need a licensed individual to transport the rifle to an FFL in order to transfer it to the buyer... and he can hold the rifle at a licensed individual's house between when he takes possession and when he transfers it... or he could keep it properly secured in his own house, during the 180-day window.

I will admit that I am not a lawyer, and I am curious as to whether this approach is workable within the law...

 

[vellnueve]

All that trouble to get the rifle to Underwhere when they could just effect a transfer to him via an FFL straight up?