Can you use POA on FA10 ?

[BTSDOG]

A question for the legal experts. I have POA (power of attorney) for my elderly father who is 90 years young and basically too blind to sign signature required documents. My ques. is, can I sign an FA10 form to transfer firearms that are owned by him, when he wants to sell outside the family, or transfer to a family member ?

thanks

 

[terraformer]

Talk to the attorney who helped you with the POA but frankly the cost of the FFL xfer is low compared to any issues, if any, that may arise later.

 

[MisterHappy]

Terra makes a good point. There's a difference between Law and Justice, or so I've heard.....

 

[JGreen]

Does your dad hold an FID or LTC?

 

[FPrice]

You could always call CHSB. THey seem to have been helpful in the past from what I have seen.

 

[Len-2A Training]

You could always call CHSB. They seem to have been helpful in the past from what I have seen.

. . . yes, but oftentimes not with the CORRECT answers!

I agree that they do try to be helpful, but TTBOMK only the Director is an attorney, the rest are clerical types and all of them know nothing about guns (e.g. the handgun v. EOPS List issue).

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I seem to remember asking something similar of Ron Glidden and I do believe that the answer was no, you can't use a POA for this, but don't quote me on this one.

If the man is lucid and still holds a valid LTC, I don't see why the Family member couldn't aim the Father's hand and let him sign it. If blindness is the only issue, the person could still sign their name, even with an X and it would be valid.

 

[FPrice]

Len,

Your points are well taken but I still think that going to the source may be useful and interesting. After all, at some point that is where the question would have to be directed and if necessary, a decision rendered.

 

[BTSDOG]

Does your dad hold an FID or LTC?

Yes, he has a LTC, hes just to blind to sign his name.

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[Knuckle Dragger]

A binding POA is pretty powerful. As long as you sign w/POA I'm guessing you're fine.

Realistically, CJIS accepts all manner of FA-10s and we've not seen any incidents of them coming back a people. I think they're just happy if folks comply.

This might also be an instance where the on-line FA-10 might be very useful. Do you have or can you get your father's PIN?

 

[terraformer]

A binding POA is pretty powerful. As long as you sign w/POA I'm guessing you're fine.

Realistically, CJIS accepts all manner of FA-10s and we've not seen any incidents of them coming back a people. I think they're just happy if folks comply.

This might also be an instance where the on-line FA-10 might be very useful. Do you have or can you get your father's PIN?

Technically using the PIN in the online form and the written form signed is no different, but using the online form makes it near impossible to prove who actually entered the pin...

 

[BTSDOG]

A binding POA is pretty powerful. As long as you sign w/POA I'm guessing you're fine.

Realistically, CJIS accepts all manner of FA-10s and we've not seen any incidents of them coming back a people. I think they're just happy if folks comply.

This might also be an instance where the on-line FA-10 might be very useful. Do you have or can you get your father's PIN?

Im not sure....that i would have to look into.....thanks

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[BTSDOG]

Hi all again,
After confiring with family, we've basically decided not to sail in what appears to be mostly uncharted waters...and because we basically dont swim well in the deep end of the worm pool. At this point we' ve decided to wait until the INHERITANCE factor kicks in and go by way of the FFL ruoute.
Again, thanks for all the help and input.....

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[Len-2A Training]

Fair warning . . . if you go the FFL route for inheritance, most handguns will be "dead in the water" and non-transferable to any MA resident. Inheritance does NOT require any FFL involvement at all and no limit of 4/year either.

I sent you info on the best way to proceed and that would be authoritative if you followed his advice (whatever it would have been) but I wish you and your Family good luck in whatever you do.

 

[BTSDOG]

Thanks again for your help...no handguns Involved here, just an old rifle and shotgun or two. And too old to ne of the high capacity type.

Thanks again

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[07Mustang]

When my mother was terminally ill she made me her POA as the attorney explained it to me at that time (20 years ago) it gave me the legal right to conduct any legal proceeding for my mother, if she became unable to do it herself. That being said I never had to act for her. One call to the attorney that drew up the POA should answer your questions. FWIW I would not wait for the inheritance route.

If you do not want to use the POA, just bring the firearms to a dealer and do the transfer. It would be like an unlicensed person finding their dad's gun in the attic and transfering it to someone with a license.