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Again, IANAL, but I'm pretty sure all you need to do is simply give them to someone--they don't necessarily have to be transfered. The applicable laws prevent POSSESSION and purchase; you could give them to a family member for safekeeping. As long as you don't possess them, I'd think you're good to go.this is why if you are ever in a situation that you feel you may be getting a 209a restraining order on you or if you commit a crime and you feel the police may be on their way to confiscate your firearms you need to transfer them asap to a friend or family member to prevent them from "disapearing or being sent to a bonded warehouse...
Again, IANAL, but I'm pretty sure all you need to do is simply give them to someone--they don't necessarily have to be transfered.
Again, IANAL, but I'm pretty sure all you need to do is simply give them to someone--they don't necessarily have to be transfered. The applicable laws prevent POSSESSION and purchase; you could give them to a family member for safekeeping. As long as you don't possess them, I'd think you're good to go.
http://www.mass.gov/courts/courtsan...revised209a-orderforms-criminalcomplaints.pdf
it's like a tow company soon the firearms storage and administrative fees are going to far exceed the value of the items and you then either pay the fees or eventually forfeit the right to get them back.
Worse than towing by a longshot.
- Tow companies are regulated as to rate and procedures by the state. Bonded warehouses are not.
- Tow companies cannot tow your BC Eagle Ace Ferrari and your vintage Yugo and say you cannot get the Ferrari back unless you pay storage on the Yugo.
- Tow companies cannot assess a separate storage fee for the can of gas in the trunk of your car, and refuse to give you back your car unless you pay the separate adder for storing the gas can.
- Tow companies cannot be available by phone only, not return you call for many days, and charge storage for the days you could not reach them.
- Once you reach the tow company on the phone, they cannot say "We're busy this week, stop by next week - and by the way, the storage will increase by $X during that week".
- Tow companies don't get to keep all the money if a car is seized for non-payment of storage. If you owe $5000 in storage on that Ferrari, the tow company can keep what covers the fees plus expenses, but doesn't get the windfall profit if it sell the Ferrari for $200K.
- By far, the most common response to a tow is retrieval of the car. I don't have hard figures for the bonded warehouse, but I would bet that the percentage of "seizure of ownership by the warehouse" is much, much higher than seizure of car titles.
Towing is extortion (the "free market" rate for parking in suburban industrial areas in the bad section of town does not even approach $30/day), however, for all practical purposes, bonded warehouse storage is in many cases tantamount to theft.
How long can police hold your weapons before they become their property if they do at all?
If they turn them over to a bonded warehouse (which they can do instantly)
I know of cases where a gun owner contacted the PD to notify them that an individual legally authorized to accept possession (any LTC holder for a non-209A, an FFL holder for a 209A) was coming to take get the guns an the PD reacted by calling Dowd and asked him to "hurry up and get here". I know of one green town where the PD has a policy of "get them to Dowd ASAP" since it's easiest for the PD (Dowd knows exactly what paperwork is required, and all the PD has to do is give him access to the guns and accept some paperwork).
Round trip (in and out), without storage fees, is $35/gun, which means the fees start in the 4 figure range for many folks on NES. $15/month per gun adds up quickly, so the ONLY practical option if Dowd gets the guns is to have an appropriate recipient ready to take delivery on a day's notice. Since the most common reason is a 209A, this means being VERY nice to your local FFL.
I am also aware of cases where the PD cooperated with effecting a transfer before a bonded warehouse took the guns, and even one where the PD held on to the guns until the restraining order issue was resolved. (In this particular case, it was a bogus issue and the gun owner was known to the police, but not in the usual negative sort of way associated with that expression).
Again, IANAL, but I'm pretty sure all you need to do is simply give them to someone--they don't necessarily have to be transfered. The applicable laws prevent POSSESSION and purchase; you could give them to a family member for safekeeping. As long as you don't possess them, I'd think you're good to go.
Has anyone sued yet to get their property back, along with fees?
Mike,
I recall a case where the person moved them to a storage facility (IIRC) in NH (Manchester?) before a 209A was issued.
PD forced him to tell them where the guns were and the MA PD had the NH PD confiscate them in NH for them.
So, it's been done and will indeed be done!
Lawyering up is the best advice but no bets that the PD won't get a search warrant and rip out the walls in the house (if he owns it) looking for the "missing guns"! And no, they are not responsible for any of the damage they do in executing the search warrant.
Refusal to surrender revoked or suspended LTC or FID[FONT=LKAOEH+TimesNewRoman][FONT=LKAOEH+TimesNewRoman](i)[/FONT][/FONT][FONT=LKAOBC+TimesNewRoman][FONT=LKAOBC+TimesNewRoman]Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars. [/FONT][/FONT]Classification:[FONT=LKAODG+TimesNewRoman][FONT=LKAODG+TimesNewRoman]Misdemeanor [/FONT][/FONT]Penalty:[FONT=LKAODG+TimesNewRoman][FONT=LKAODG+TimesNewRoman]Up to 2½ years in HOC or by a fine of up to $1000 [/FONT][/FONT]Right of Arrest: [FONT=LKAODG+TimesNewRoman][FONT=LKAODG+TimesNewRoman]No for this subsection. However, such a person could be arrested if there was probable cause to believe he was in violation of paragraphs (a) or (h) of this section because he had firearms, rifles or shotguns in his possession without a FID Card or LTC.
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We need someone in the Attorney General's office to investigate this fleecing of consumers.
You are being naive. When it comes to guns, they can't fleece us enough.
There was a proposed CMR that would have addressed at least some of this, but due to "extreme pressure" applied in the right places (some might call it extortion) the CMR was killed after the hearing. I was at that hearing and testified, where were you?
Cut the Schumer Len with the "Where were you?" crap already.
You are being naive. When it comes to guns, they can't fleece us enough.
There was a proposed CMR that would have addressed at least some of this, but due to "extreme pressure" applied in the right places (some might call it extortion) the CMR was killed after the hearing. I was at that hearing and testified, where were you?
Mike, see if this answers your question:
MGL C. 269 S. 10
Would Comm2A help here?
Well, that at least makes more sense. Of course, the devil is in the details, and one has to wonder what the standard of evidence for successfully prosecuting that is. If I was going to make a WAG though, they would attempt to prosecute Joe Random just for the sake of staining him with an arrest record or burn him out on legal bills. Joe will probably walk, but at great expense. Then there's the obvious implied "LTC/CCW application AIDS" problem of someone having an arrest for that on their record, WRT suitability purposes.
-Mike