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No, you need an FFL. Thank Chuck Schumer and Frank Lautenberg.
I think the requirement in this state is a MA Licensed Dealer.
I don't think the Lautenberg amendment prohibits police from transferring to another legal party - it was MA law that added the "dealer only for a 209A" provision.
This is why everyone should have a good relationship with one FFL who can handle this sort of thing - even if it means you sometimes pay $20 more than "rock bottom" for a gun or $10 more than the cheapest guy doing transfers.
Ask your FFL if he can show up at the PD with a copy of his FFL valid for the PD stating that the gun/s are being picked up for safe storage, a copy of his dealers license, a copy of his LTC, a locking case of the right size, originals of all his licenses for viewing and a picture of a safe. See what they say then. Jack.I just got an email stating that the Attleboro police chief is giving my ffl the run around. What should I do?
LAWYER! Atty Jason Guida or Keith Langer can get it done!
Your attorney should also deliver a letter, with copy by certified mail, to the chief documenting that (a) You have given permission to, and requested, a state licensed dealer take possession of the guns pursuant to MGL Chapter 140 Section 129D; (b) The date on which the dealer is arriving at the police station to pick up the guns. This should be the same date as the letter, and the first copy delivered in person by the attorney who arrives with the dealer, (c) You are specifically demanding that they do not turn the guns over to a bonded warehouse as you have arranged prompt lawful transfer to a dealer, and (d) you will litigate for any expenses, loss and damage to the guns if they are turned over to the warehouse despite your arrangement of a dealer.Ask your FFL if he can show up at the PD with a copy of his FFL valid for the PD stating that the gun/s are being picked up for safe storage, a copy of his dealers license, a copy of his LTC, a locking case of the right size, originals of all his licenses for viewing and a picture of a safe. See what they say then. Jack.
robjax, if they prosecuted for false ROs or lying wrt divorce/child support issues, the system would come to a grinding halt and damn near everyone involved could face jail time/huge legal expenses/fines.
They just ignore the fact that many claims are lies or embellishments (being generous here).
robjax, if they prosecuted for false ROs or lying wrt divorce/child support issues, the system would come to a grinding halt and damn near everyone involved could face jail time/huge legal expenses/fines.
They just ignore the fact that many claims are lies or embellishments (being generous here).
The system doesn't even prosecute for false rape allegations when the bogosity is provable beyone a reasonable doubt.
The thinking is that that it is better to have 100 bogus ROs than fail to issue one that is warranted, plus, prosecution for perjury in an RO application or rape case would have a chilling effect on legitimate victims and make them fearful of filing a report.
why would judge issue the RO when the person live other side of country?I know a crazy woman who has had a restraining order on her ex-boyfriend for almost 2 decades. She keeps renewing it, despite the fact he has never broken the RO, and so far as I know, lives on the other side of the country. And I know it was a BS thing. I was there. And I know them both. She's batshit crazy and I haven't let my self be in her presence ever since then.
It really comes down to "Be careful who you breed with". It can't be emphasized enough.
ROs are totally unconstitutional, under any reading of the constitution. I am just mid blown that NO RO that I am aware of has EVER gotten to the supreme court. Why is that? Nobody wealthy enough with a clear cut win has ever gotten an RO and bothered to push it all the way up the food chain? Man....
And yes, 98% of them are total BS. Furthermore, do you know how many women are killed each year even after getting an RO? ROs protect nobody! I suspect, in legitimate cases, they further enrage the bad guy!
why would judge issue the RO when the person live other side of country?
The person doesn't show to contest it so it's all one sided in the hearing. And judges move like water, the easiest path.
That's just insane. "sir, I live in LA but i am too scared my ex bf will show up at my door every now and then. He lives in Boston, just about 6 hours flight away. "
ROs forbid ANY contact. Text, Email, phone are all methods that are prohibited via RO and distance apart doesn't matter then does it?
That's just insane. "sir, I live in LA but i am too scared my ex bf will show up at my door every now and then. He lives in Boston, just about 6 hours flight away. "
I had an ex threaten me for a RO. Good thing I got away from her..................
Even though I am a woman, I see some particularly evil examples of my sex. My neighbor across the street has a son in his late 20's. I've know him since he was just a child. He was a quiet kid, and went hunting with his father every year. Years later he meets this pretty girl who later on turns out to be a drunk and addict but only after they have a kid. Thankfully he didn't marry her. So they go to break up and he wants to take the son to keep him out of an addicts household and she fights him in court.
But one thing she did do was to slap a restraining order on him and presto he lost his gun rights. I personally believe she did that as a way of getting back at him since he was an avid hunter and knew exactly how to hurt this guy. He didn't commit any crimes, he's never been a violent guy, he just shacked up with a crazy chick.
So when people talk about wife beaters shouldn't have the ability to get guns and shoot their wives, yeah sure I can understand that. But there doesn't seem to be a way to let the innocent off the hook when they are being manipulated by a vindictive spouse. That's the example I see every day.
Which I suppose brings me to my question. Despite the restraining order, would I be violating a law if I invited him to range to go shooting with me? Or would he be violating a law? Or both of us? I have sort of felt sorry for this guy because he got such a rotten deal.
WHAT ABOUT RESTRAINING ORDERS?
Certain sections of the United States Code (18 U.S.C §922(d)(8) and (g)(8)) also make it a crime for anyone subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner from shipping, transporting, possessing or receiving firearms or ammunition. Many civilian restraining/protective orders contain language referencing this statute and Lautenberg.
It looks like the only way out of these bs ROs is to legislate the hell out of them to include specific qualifiers and thresholds. I'm for less government intrusion, but it sucks when good people get shanghaied and the only correct way out is through legal means.
It should be required that there be a documented history of violence or criminal past to get an RO, not just words or emotions. This, at the very least, shows a good-faith effort that it seems less likely the basis for the RO is bullshit.
Ask your FFL if he can show up at the PD with a copy of his FFL valid for the PD stating that the gun/s are being picked up for safe storage, a copy of his dealers license, a copy of his LTC, a locking case of the right size, originals of all his licenses for viewing and a picture of a safe. See what they say then. Jack.
Stop. They would both be breaking federal law. Period. When someone hands you a gun, how is that not possession?I can't see how you taking him to shoot your legally owned firearms, at a legitimate gun club would be a violation of any law.
His RO probably only restricts him from possessing and or carrying. Ask him to read the specifics of his RO to be sure. Other than the can't do's in his RO, he should be just like any other non gun owner citizen.
Contact through the other party's attorney is permitted, otherwise, divorces could not be negotiated.Any contact will get you arrested and appearing before a judge.
This is true, however, prosecution for this temporary possession is rarely prosecuted unless one of the involved parties is a Muslim. There was a case of an Egyptian student who was prosecuted for the temporary holding of a rifle.Stop. They would both be breaking federal law. Period. When someone hands you a gun, how is that not possession?
Stop. They would both be breaking federal law. Period. When someone hands you a gun, how is that not possession?
Based on your position, it would also be just as illegal to bring any non licensed person to a gun club to shoot, since possession is illegal if not licensed.