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Expired LTC/ Gun Transfer

Paulm

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I have a friend who let his LTC lapse about 3 years ago. At this point, he is leaning towards selling off his collection rather than go through the process again to get his LTC. I'm more than willing to help him out in that regard.

My question - can we do a private transfer on an F-10 even though his permit has expired? I believe he has some firearms that aren't on the list and some that are. If we can do a FTF, I can purchase the hard to find ones personally and then make arrangements with Four Seasons to handle the transfer of any others.

Any thoughts on pulling off a transfer like this the easiest way?

Bugie
 
Just wanted to mention, we have a really active classifieds
section here, so once you settle this, you should post the list
of items for sale here. You would probably get much closer
to full retail than selling them at wholesale to a dealer who
then has to mark them up.

F
 
Thanks Firtree, I've made a few purchases through the Classifieds here, but in this situation my intent is a little more Bugie Centric.

I'm looking to incorporate the firearms he wants to get rid of into the constantly growing Bugie collection. I'd like to do it as economically as possible and minimize any issues with the transfer of a post-98 gun that isnt on the list.

In the event that he can't legally do a personal transfer via an F-10 due to his expired license, I don't know how to go about transferring ownership of handguns that a FFL can't legally sell. ( I'm assuming that the same restrictions that are in place for an FFL sale are valid when they are just doing a transfer as well).

Bugie
 
The fact that the LTC has lapsed means that your friend shouldn't have the guns at all from a legal perspective. As a result, I don't believe that he can legally sell them to anybody other than a licensed dealer. If the guns (particularly the unapproved ones) are worth it, you might want to consider paying for his LTC renewal as a cost of doing business.

Ken
 
Thanks Ken.

I was thinking the same thing, but I'm afraid that if he renews he won't sell!!

He knows he shouldn't have them and a conversation we had the other day prompted him to think about doing something about them. I'm hoping to be the guy that gets to help him out

:D :D :D

Bugie
 
No, he can't sell anything himself unless he has a LTC in-hand (unexpired)!

If the handguns were in MA (and he can prove it to a dealer) on 10/21/98, the dealer can transfer them legally or sell them and he won't need a LTC.

If the handguns can't be proven to be in MA (threw away receipts, etc.) on 10/21/98 or are more recent acquisitions but not on the EOPS List and AG compliant, no MA dealer can sell/transfer them in-state. This is what would require him to get his LTC renewed.

Keep in mind personal transfers on an FA-10 can NOT exceed 4 in a calendar year! No way he'd get a LTC before the end of January and likely that his chief will require he take a new course ($ and time) due to the lapse (NOT required by law, but frequently invoked by anti-gun chiefs). This would push him out to Feb/Mar before he would be licensed.

Also think of it this way: If he fills out an FA-10 with an expired LTC, he's signing the form and admitting to a felony possession of guns without a valid license. NOT a good idea! [Keep in mind that according to MA anti-gun laws, if you lose your LTC (or it is stolen) you are considered "unlicensed". It is the mere possession of that paper/plastic that allows you to possess anything, not the record of a LTC in the computer system.]

For guns that a dealer can legally transfer to you, if it is a dealer that you do a good amount of business with, he should cut you a deal on the transfer fees.
 
Thanks Len,

I'll be chatting with Carl at FS sometime this week. I forgot to even mention this issue when I was in on Saturday to make my own christmas purchase
:D

Ironically, I think many of the guns we are talking about here were purchased from FS, so I am not envisioning a problem with transferring those at all. It's the others that he has picked up in private transfers. I'll be going over to view the inventory tonight or tomorrow so I can get a better handle on what pieces may be more difficult to deal with.

Thanks to all for the input.

Bugie
 
Bugie,

Carl has record of every gun transaction he ever made! I bought a pre-ban CAR15 from him and he was able to tell me a lot of detail about it from the prior owner's transaction (gun was originally bought from FS).

However, I bought some guns from Carl that Carl can never re-sell in MA! There was a "gray period" between the 1998 law that mandated testing and EOPS List/implementation of testing (IIRC, Valentine's Day 2002).
 
Hmmm....let's see....what if a friend of mine let me borrow all of his guns a few years back because his license was about to expire and he didn't have the money to renew it, so, being a good buddy, I took them to take care of them for him because I have a valid license.

Now, he's really decided that he doesn't want to renew his license......

(take it from there)
 
If the owner does not physically have them why would he need an LTC/FID? The permit is for actual physical possession, no?
 
Sorry to beat a dead horse here but I still have a question. I've searched and read all the various threads and my brain must've seized up on me so please be kind.

A friend of mine wants to give (not sell) me a shotgun that's been sitting in his cellar for years. Since he doesn't have his license anymore am I correct in assuming that he has to transfer it throught a dealer to me or am I able to file a FA-10 for the transfer.

Again sorry for the redundancy.
 
Only those with a current license can transfer guns. ONE EXCEPTION is the executor in an estate desolution.

Got to take it to a dealer.
 
LenS said:
Only those with a current license can transfer guns. ONE EXCEPTION is the executor in an estate desolution.

Got to take it to a dealer.
There is another exception.
If a license is revoked, not renewed or been refused for renewal, the firearms/ammunition must be surrendered to the licensing authority. Within one year of the surrender, the owner can transfer those firearms to a dealer or other licensed person.
 
Lynne said:
Hmmm....let's see....what if a friend of mine let me borrow all of his guns a few years back because his license was about to expire and he didn't have the money to renew it, so, being a good buddy, I took them to take care of them for him because I have a valid license.

Now, he's really decided that he doesn't want to renew his license......

(take it from there)

You would think that in a situation like this the state would make some sort of provisions to sell the guns to a licenced holder without lots of red tape. It really sucks when you are doing your best to do the right thing, getting guns to a licenced person, and the laws are so screwy they make even that hard. I wonder how many guns just get sold off illegally because of situations like this. Their own damn laws are hurting them more than helping.
 
It's just another case of the laws making someone a criminal who doesn't know any better when there is absolutely no need of it.

I can tell you I have been sent to homes on numerous occasions to retrieve a firearm for either "safe keep" or the person doesn't want it because they are not licensed. I have never heard of anyone being prosecuted for illegal possession of a firearm in that type of a case.
 
Sorry to bring this up again, but what about someone who's permit is about to expire and he won't be able (for injury reasons) to requalify for quite some time? Is it okay for another person with a LTC to hold them temporarily without doing FA10s for each firearm? The person who's LTC is about to expire just needs a place to store them until he is able to renew and the person storing them won't do anything BUT keep them locked up in a safe.

Gary
 
Garys said:
Sorry to bring this up again, but what about someone who's permit is about to expire and he won't be able (for injury reasons) to requalify for quite some time?

What "requalify?" He HAS a license; he's RENEWING a license; there is no legal requirement for so much as a safety course, still less that he "requalify."

Don't tell me; it's Boston, Brookline or Newton, the Triumvirate of Excessive Obstructionism.
 
It doesn't much matter where it is, the rule in that city/town is that you have to requalify when you renew. He can't because of a temporary physical problem that won't be fixed until after his renewal date.

Gary
 
Gary,

Do a search for prior posts about "loaning" firearms. Also my post today about the NH SP checking firearms S/Ns.

MA does NOT require that only the registered owner possess a gun. One can loan a gun to a friend for an indefinite period of time. As long as "ownership" does not transfer, no FA-10 or FFL is needed. Back when I only had one CCW gun, it broke and a lawyer friend who used to shoot with me loaned me one of his spare guns for an "indefinite time" (until mine was returned in working order from the factory). It is not an issue, not illegal.

He can lend you the guns until such time as he gets relicensed and then you give them back to him.
 
LenS said:
Only those with a current license can transfer guns. ONE EXCEPTION is the executor in an estate desolution.

Got to take it to a dealer.

There was a rumor going around that many years back here in New Bedford, all registration records of firearms were kept in a building downtown. I can't remember which, fire or flood, but all the records were destroyed resulting in guns registered before date X now being unknown. Hence there is probably a good number of guns here in the city that are in the possesion of licensed gun owners who are ignorant to the laws and info on records being wiped out, and guns that are sitting in closets of widows and old folks who just left them be.
Now a dream of mine is to find an elderly person that knows I collect war era firearms and have them say "Here... take this Luger (or whatever) that I bought back from the war. Its yours, I want you to have it"
Like I said, this is a dream, but dreams come true because I know folks who have had this happen to them. [grin] What would be the correct way to handle this aquisition? Bring the firearm to an 01 FFL dealer and have him transfer it to me?
If so, then does having a dealer transfer a firearm to me make records of that gun start over at the time of the transfer? I remember Richie telling me one time that it didn't matter where a gun came from if it was turned in to him from a previous owner and he sold it to a customer because he was a dealer.
 
Garys said:
... the rule in that city/town is that you have to requalify when you renew.

The "rule" is contrary to statute. People putting up with that crap simply authorizes the cops to demand more. In short, we build our own prisons.
 
Milsurps 4 Me said:
There was a rumor going around that many years back here in New Bedford, all registration records of firearms were kept in a building downtown. I can't remember which, fire or flood, but all the records were destroyed resulting in guns registered before date X now being unknown. Hence there is probably a good number of guns here in the city that are in the possesion of licensed gun owners who are ignorant to the laws and info on records being wiped out, and guns that are sitting in closets of widows and old folks who just left them be.
Now a dream of mine is to find an elderly person that knows I collect war era firearms and have them say "Here... take this Luger (or whatever) that I bought back from the war. Its yours, I want you to have it"
Like I said, this is a dream, but dreams come true because I know folks who have had this happen to them. [grin] What would be the correct way to handle this aquisition? Bring the firearm to an 01 FFL dealer and have him transfer it to me?
If so, then does having a dealer transfer a firearm to me make records of that gun start over at the time of the transfer? I remember Richie telling me one time that it didn't matter where a gun came from if it was turned in to him from a previous owner and he sold it to a customer because he was a dealer.


Here's the real story (searchable here on the forum, it's been posted a few times before):

- 1998 in preparation for the Ch. 180 to become law, a handful of folks in the know about what was coming contracted with BATFE to do data-entry on the old gun transaction records.

- Old records were kept in cartons all over the place in 1010 Comm Ave, Boston (MSP HQ) and had never been put in a database. Wherever they stored the "blue cards" (private transactions), the boxes were covered in pigeon and mouse shit and declared to be a health hazard. Thus, ALL these records were destroyed. NO RECORD IN MA gov't operations knows who/what/where/when guns were privately transfered prior to 1998.

- For some of the same reasons, and perhaps to cut costs, ALL DEALER transfers prior to 1986 were also destroyed. NO RECORD IN MA gov't operations knows who/what/where/when guns were transfered by MA Licensed Dealers prior to 1986.

- ALL RECORDS since 1998 are scanned into the database on a regular basis, so those records can be assumed to be reasonably good and complete.

Before 1998 and Ch. 180, your dream might have come true!

After Ch. 180, ALL HANDGUNS MUST BE ON THE EOPS LIST AND AG COMPLIANT IN ORDER FOR A MA DEALER (FFL) TO TRANSFER THEM TO ANY CITIZEN OF MA!!! Old guns will never be on the EOPS List or AG COMPLIANT! The ONLY EXCEPTIONS (for your dream) ARE:

- Private transfer between two MA Residents with LTCs! Limit is 4/year.
- Inheritance where transfer is between Executor and MA Resident with LTC.
- Proof that the gun was in MA on 10/21/1998!
- AG Regs have an exemption for any gun MADE BEFORE 10/21/98, no matter where in the world it was.

Almost nobody kept their old receipts and/or old FA-10s as proof that they bought the gun before 10/21/98. Therefore, legally no dealer can sell/transfer your dream gun to you unless they are willing to risk a stiff fine and jail term. Dealers are the only ones directly effected by Ch. 180 in this regard. There is NO prohibition on private transactions, but it must be done in-state between licensees (LTC holders).
 
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