Can I legally carry a handgun that my father brought with him to MA years ago?

[igrace7092]

Hi All,

Sorry to bother you but after reading posts for hours on this forum I couldn't find an answer nor could I find one on the states website.

My father moved to MA from NH about 8 years ago and brought with him a handgun and rifle. He never got his license and has had them in the closet since then collecting dust. I understand he should have got his LTC when he moved but he did not. Can I take possession of the guns if I have an LTC in MA, which I do? The law makes it pretty clear that to sell or transfer a firearm both parties have to have a license in this state and in this case only I have the license.

I'm not sure what to do and I don't want to take to possession of them illegally and I also don't want him to continue to have them illegally either. Not sure if I should just register the guns on an FA-10 to me? Any advice? Thank you.

 

[jtnf]

Take physical possession to relieve him of the liability, go with him to your friendly neighborhood FFL, and transfer them to you.
Just beware of the EEOPS list and AG interference, and what that means to an FFL.

 

[Len-2A Training]

You can take possession of them and he can still own them but not possess them. If he ever decides to get a LTC, then he could take possession and/or transfer them to you directly. All assuming you both live in MA at the time he decides to transfer them to you.

Meanwhile you can carry them, shoot them, etc. it's all legal.

 

[igrace7092]

Thanks I don't know why I didn't come to that conclusion myself. The handgun he has is a Dan Wesson pointman and I don't see any of those on the approved list though. Uh oh..

 

[Len-2A Training]

Thanks I don't know why I didn't come to that conclusion myself. The handgun he has is a Dan Wesson pointman and I don't see any of those on the approved list though. Uh oh..

Right, so 99% of MA dealers will not transfer it to you or anyone else. However you can still possess it and do with it as you please.

 

[Dip Dungles]

Thanks I don't know why I didn't come to that conclusion myself. The handgun he has is a Dan Wesson pointman and I don't see any of those on the approved list though. Uh oh..

I'll help you out. I'll take that gem off your hands

 

[Kicker96FS]

What guns?

 

[DW357]

Thanks I don't know why I didn't come to that conclusion myself. The handgun he has is a Dan Wesson pointman and I don't see any of those on the approved list though. Uh oh..

Damn. Your dad has good taste in firearms. Which caliber pointman? I got the 9mm so I was just curious.

 

[igrace7092]

Damn. Your dad has good taste in firearms. Which caliber pointman? I got the 9mm so I was just curious.

it's a 45. It's a fine looking pistol.

 

[vickers]

You can take possession of them and he can still own them but not possess them. If he ever decides to get a LTC, then he could take possession and/or transfer them to you directly. All assuming you both live in MA at the time he decides to transfer them to you.

Meanwhile you can carry them, shoot them, etc. it's all legal.

So Len, you are saying that, hypothetically, if somehow a person was found by the police with a pistol that didn't belong to them whether on their person or in their gun safe that's legal assuming they have permission of the (licensed or unlicensed) owner to have it? Pursuant to the OP's situation, what if the unlicensed owner passes away before transferring the pistol to you? If they have a spouse, I guess the spouse becomes the owner and the situation can just continue or he/she can then transfer it to you or not, right?

 

[Len-2A Training]

So Len, you are saying that, hypothetically, if somehow a person was found by the police with a pistol that didn't belong to them whether on their person or in their gun safe that's legal assuming they have permission of the (licensed or unlicensed) owner to have it? Pursuant to the OP's situation, what if the unlicensed owner passes away before transferring the pistol to you? If they have a spouse, I guess the spouse becomes the owner and the situation can just continue or he/she can then transfer it to you or not, right?

MA isn't anything like Free America!!

For an in-MA situation, nobody can "give you" a gun unless they and you are both licensed and resident of MA (Fed Law on this part). The one exception is that someone can leave you their guns when they die, BUT they MUST put it in a Will or some other document before they die. The executor/executrix MUST do the hand-off according to the Will directly with NO FFLs involved or our dumb-ass law prohibiting transfers thru dealers if a gun hasn't been tested and approved by EOPS could make the gun "lost" to a rightful heir.

"Giving a gun" for an unlicensed person requires going thru a Dealer (see caveat above) and the new owner must be licensed.

 

[vickers]

MA isn't anything like Free America!!

For an in-MA situation, nobody can "give you" a gun unless they and you are both licensed and resident of MA (Fed Law on this part)...

"Giving a gun" for an unlicensed person requires going thru a Dealer (see caveat above) and the new owner must be licensed.

I was being too general, my fault. I meant the exact situation the OP discussed, if I am understanding it correctly. A parent who owns a firearm they brought in to Mass from when they lived in another state. The parent was never licensed in Mass. A child of that person who is Mass licensed takes possession of the firearm to remove the (probably remote) risk of the parent being charged for possession if the firearm was ever found in the parent's house. My question basically was just to clarify your statement where you said the child could possess it but not own it. I am asking if that means, it can be in the child's possession, either carried, used at the range, in their gun cabinet etc. for as long as they are holding it for their parent. If somehow the police were asking the child where he/she got the gun, you are saying, it's legal for them to have it based on the fact that they are holding it for their unlicensed parent?

 

[slap shot]

Damn. Your dad has good taste in firearms. Which caliber pointman? I got the 9mm so I was just curious.

Damn, you have everything. I wish I still lived in Gloucester.

 

[DW357]

Damn, you have everything. I wish I still lived in Gloucester.

I do? Lol. Yeah Gloucester isn't awful but ain't perfect either...

 

[Len-2A Training]

I was being too general, my fault. I meant the exact situation the OP discussed, if I am understanding it correctly. A parent who owns a firearm they brought in to Mass from when they lived in another state. The parent was never licensed in Mass. A child of that person who is Mass licensed takes possession of the firearm to remove the (probably remote) risk of the parent being charged for possession if the firearm was ever found in the parent's house. My question basically was just to clarify your statement where you said the child could possess it but not own it. I am asking if that means, it can be in the child's possession, either carried, used at the range, in their gun cabinet etc. for as long as they are holding it for their parent. If somehow the police were asking the child where he/she got the gun, you are saying, it's legal for them to have it based on the fact that they are holding it for their unlicensed parent?

Yes, but if asked a bunch of questions about when/where the gun came from he'd be best off seeking legal counsel before answering and getting his Parents in legal trouble for having had it for years unlicensed in MA.

 

[dcmdon]

You can take possession of them and he can still own them but not possess them. If he ever decides to get a LTC, then he could take possession and/or transfer them to you directly. All assuming you both live in MA at the time he decides to transfer them to you.

Meanwhile you can carry them, shoot them, etc. it's all legal.

What Len described on the previous page was an example of the father LOANING the gun to the son to keep. The father retains ownership, but does not possess. So everyone is clean. No transfer occurs because ownership is retained by the father.

This is all legal.

I wouldn't suggest carrying a loaned gun. It could just get too convoluted if you ever had to use it. Also, if I remember, the ATF's description on the legality of loaning a gun said specifically for "sporting" purposes. Whatever that is.

Don

 

[MAJoe]

I wouldn't suggest carrying a loaned gun. It could just get too convoluted if you ever had to use it. Also, if I remember, the ATF's description on the legality of loaning a gun said specifically for "sporting" purposes. Whatever that is.

Don

Is the sporting language for interstate loans only? I didn't think that same language applied for intrastate loans, but I could be wrong.

 

[Len-2A Training]

Is the sporting language for interstate loans only? I didn't think that same language applied for intrastate loans, but I could be wrong.

You are correct. No problem loaning gun in same state for ccw, I've done it myself.