Can my friend in MA keep my handguns for me?

[ZainAnak]

Here's the full situation. I have a Massachusetts LTC A, and own two handguns- a 1911 and a P22. I'll be moving soon to NYC, and will be weighing my options after the move.

In the meantime, can I have my friend, who's also got an LTC A, keep them for me at his house without me formally transferring them to him?

If it's relevant, technically I also don't know what happens to my LTC, since my address is about to change to out of state.

Thanks all!

 

[jcr]

You can store your guns anywhere you want that is safe. If at someone else's home and you feel a need to demonstrate that there has been no transfer, lock them in a box or bag and don't share the key.

But...

The law says that you must notify your CLEO of changing your address (?within seven days?). This may get you revoked, and though the CLEO wouldn't know where your guns are, you might be in legal violation at some future time when you go to retrieve them to take out of state.

Perhaps storage at a NH friend's home would be safer.

--jcr

 

[mousegunfan]

Are you moving permanently to NY with no hope of getting a NY permit, if so just sell your guns. Otherwise find a friend in NH or Vermont to store them for you.

 

[blindndead]

Your friend in MA, think of his safety also he will be a accessory and you both will go th jail for ever & ever & ever ever & ever & ever ever & ever & ever ever & ever & ever ever & ever & ever ever & ever & ever.....

 

[Boghog1]

plenty of room in my safe not really but I can make more if I really need to

 

[M1911]

Your friend in MA, think of his safety also he will be a accessory and you both will go th jail for ever & ever & ever ever & ever & ever ever & ever & ever ever & ever & ever ever & ever & ever ever & ever & ever.....

WTF are you talking about?

 

[blindndead]

WTF are you talking about?

Sorry M1911

I'm just being sarcastic.
With all the laws I see in regards to firearms on a daily basis it tends to make my head spin a little, it makes so crazy sometimes how they got us by the you know what.

 

[Broc]

cant you transfer them to your friend?

and then he can transfer them back to you in the future? or sell them for you if you decide to not get a license.

 

[M1911]

There is nothing illegal about having your licensed buddy hold onto your guns for you. Not under federal law or state law. Given how hard the laws are to understand, implying or joking about a law that doesn't exist just makes it more confusing for everyone.

 

[Len-2A Training]

cant you transfer them to your friend?

and then he can transfer them back to you in the future? or sell them for you if you decide to not get a license.

This is the best solution.

He's moving to NYC, so unless he's a millionaire he's never going to get a NYC permit. Thus, he'll never be able to own the guns in NYC.

Your MA LTC becomes null and void once you move out of MA. You must notify by Certified Mail (issuing authority and CJIS) within 30 days or you can be DQ'd from ever getting any future (NR or resident) LTC in MA.

Nothing illegal about storing them with anyone with an LTC in MA, but you'll never be able to take possession of them again in MA (unless you get NR LTC) and you certainly won't be able to take them to NYC.

 

[drgrant]

He's moving to NYC, so unless he's a millionaire he's never going to get a NYC permit. Thus, he'll never be able to own the guns in NYC.

The target/premises permits are not impossible to get, but frankly they're too much of a pain in the ass to consider doing if you have an out.

-Mike

 

[blindndead]

There is nothing illegal about having your licensed buddy hold onto your guns for you. Not under federal law or state law. Given how hard the laws are to understand, implying or joking about a law that doesn't exist just makes it more confusing for everyone.

Ok cool no more sarcasm, implying, and or joking about MA gun law's I gotcha.

 

[bubajoe]

There is nothing illegal about having your licensed buddy hold onto your guns for you. Not under federal law or state law. Given how hard the laws are to understand, implying or joking about a law that doesn't exist just makes it more confusing for everyone.

Is this true? The problem would be that they're in different states (or they will be after the move). Read section 18 U.S.C. § 922
http://codes.lp.findlaw.com/uscode/18/I/44/922

(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;

 

[Broc]

doesnt NYC allow rifles?

theres even a range near Manhattan. (thats what i have been told)

 

[M1911]

bubajoe, we're not talking about transfer or selling of a gun. We're talking about lending. From the ATF FAQ:

Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Full text here: http://www.atf.gov/firearms/faq/unlicensed-persons.html

Furthermore, in this case the OP and his buddy are both currently residents of the same state (MA).