FA-10 needed?

[Silver131]

So I'm new to all this, if my grandfather wants to give me a 38 special he bought way back when in RI (where he still lives) do I have to fill out the FA-10 form? go through an FFL? or any of that? Thanks in advance, just want to be certain.

Rob

 

[MA_Shooter]

Interstate transfers must go through a dealer unless it's an inheritance or you move here with the firearm.

 

[Silver131]

Alright thanks

 

[MAGG]

hows it going. Newb here with a question I may get slammed for asking. But I have been looking all over the site for an answer and couldnt find one, I apologize in advance if I missed it. I just got my class A unrestricted here in Mass. I dont own a gun yet. My dad has quite a collection and he lives in Mass as well. He wants to give me some guns to use and down the line will prob inherit some. My question was is it legal for him to give/loan me the guns? I am not sure if his guns are registered or not and Im not even sure if I need to register every gun he loans/gives me. Any help on this or pointing me in the right direction would be greatly appreciated. thanks in advance
magg

 

[drgrant]

It doesn't matter if they are registered in MA or not. Meaningless. (MA doesn't make registration compulsory, only reporting transfers, and in some situations acquisitions as an MA resident.).

If he is an MA resident and he has a valid LTC, he can FTF 4 of them per calendar year to you. You can also move some via an FFL, no problem.

If he is unlicensed (or out of state) they will all have to go through an FFL.

Inheritance is a whole other ball of wax, of course.

-Mike

 

[Kevlar]

My question was is it legal for him to give/loan me the guns?

There is nothing prohibiting you from borrowing firearms from another MA resident.

As Mike said, if your father is licensed, he can transfer ownership to you of up to 4 firearms per calendar year.

A FA-10 must be submitted by the transferor for each firearm within 7 days.

If he is unlicensed, any transfers must be effected by a FFL.

I am not sure if his guns are registered or not...

Also as Mike said, the current registration status is irrelevant.

...and Im not even sure if I need to register every gun he loans/gives me.

Submission of a FA-10 is required in the event of a transfer of ownership. No FA-10 is needed for a loan.

 

[speedy]

So here is a scenario based on : " Originally Posted by MAGG
My question was is it legal for him to give/loan me the guns?

So, lets say your grandfather, or relative from another state of the union lets you borrow his gun, and lets say, you borrowed his gun for a long while. But suddently your relative passes away while you still borrowing his gun. Now what?

 

[Kevlar]

So, lets say your grandfather, or relative from another state of the union lets you borrow his gun...

Federal law generally prohibits interstate transfers without a FFL.

 

[atmay]

Federal law generally prohibits interstate transfers without a FFL.

With the exception of loans for sporting purposes, no?

 

[Kevlar]

Yeah, I was going to mention that, but it's a pretty gray area with no case law that I am aware of.

Additionally, open ended loans probably don't meet the criteria of "temporary use for lawful sporting purposes".

Of course IANAL and YMMV.

 

[Phlach]

Sorry to piggy back on this, but similar issue I need some direction on. My grandmother is not licensed. She has an old rifle of my grandfathers (all in MA, he passed away a long time ago). I'll soon have my LTC. She wants to just give it to me when i have my LTC. My understanding from this thread is that the rifle will need to go through an FFL (since she's not licensed). Will they be use to dealing with situations like this? I just don't want to get her in any kind of trouble (since technically it's been sitting in her closet for a long time without a licensed owner). Does she need to go with me to the FFL? Just not sure how all that works. I would rather bury the rifle than risk her getting into any kind of trouble.

 

[Maxspeed]

What if the gun is older than 50 years and he has a C&R, can't he transfer it into Mass himself?

The gun maynot be old enought but just asking to help further understand a C&R?

 

[jdubois]

My understanding from this thread is that the rifle will need to go through an FFL (since she's not licensed). Will they be use to dealing with situations like this?

Some FFLs will be willing to do this and some won't. Talk to your local FFL and discuss the hypothetical transfer with them first, no actual details necessary. If they're willing to help, you're all set. Then go get her and the rifle after you have your LTC, and take them both to the FFL and do the transfer.

Make sure now that she at least has it stored properly under C.140 § 131L (locked container or trigger lock), and keep your mouth shut about it, as she may be in violation of C.140 § 129C and C.269 § 10(h)(1), possibly C.140 § 128B, and C.269 § 10(m) if the rifle is large capacity. The "legal" thing to do would be for her to immediately surrender it to the police department.

What if the gun is older than 50 years and he has a C&R, can't he transfer it into Mass himself?

If a gun is C&R eligible, and the transaction is legal in both the state the gun is coming from and here in MA, you can transfer the gun in yourself with your C&R FFL. You just need to log it into your bound book within one business day of obtaining it, and fill out an FA-10 within 7 days of the gun arriving here.

 

[Maxspeed]

That's what I thought....thanks!

 

[Titan]

hows it going. Newb here with a question I may get slammed for asking. But I have been looking all over the site for an answer and couldnt find one, I apologize in advance if I missed it. I just got my class A unrestricted here in Mass. I dont own a gun yet. My dad has quite a collection and he lives in Mass as well. He wants to give me some guns to use and down the line will prob inherit some. My question was is it legal for him to give/loan me the guns? I am not sure if his guns are registered or not and Im not even sure if I need to register every gun he loans/gives me. Any help on this or pointing me in the right direction would be greatly appreciated. thanks in advance
magg

Since he's also in MA, he can loan you guns for your use, without any paperwork.