Father in law died - Has a few guns

[Martinilover]

My father in law died not that long ago. He Lives in MA and has a LTC. My Mother in law now has 2 pistols of his that she would like to give to my wife (my wife has a LTC). What is the correct way to log these on the MA portal? Should i process them as an "inheritance" (they were not specifically listed in the will) or just a normal "sale or Transfer".

I want to do things 100% on the up and up and legal.

Note my father in law has had these pistols from the 60 -70s and i am not even sure he registered them - not sure if thats an added problem.

 

[Wickedcoolname]

I'm not telling you what you should do, I'm telling you what I would do. I'd tell my wife she now owns two guns and then I'd go shoot them.
Why you'd want to tell the state anything is beyond me.

 

[Martinilover]

what is the implication of that if she was ever stopped with one of them?

 

[Wickedcoolname]

what is the implication of that if she was ever stopped with one of them?

They'll ask to see her LTC and then send her on her way.

 

[Choctaw]

unless your father in law was in the mafia or something, then she might have some 'splainin' to do

edit: sorry for your loss

 

[jpm]

what is the implication of that if she was ever stopped with one of them?

The implication of what you do if/when one gets lost stolen is the real question. Just do a registration on the portal and in the seller section leave it blank. Simple and you're covered if something like I described happens.

 

[Martinilover]

i did not know you could leave the seller section blank. That does not cause any problems?

 

[HorizontalHunter]

i did not know you could leave the seller section blank. That does not cause any problems?

Yes. You use the a registration option. Just like you would for an out of state purchase of a rifle. This assumes that the firearm wasn’t registered by the former owner.

Bob

Registration

• Use this option if 1) you are a Massachusetts resident and you obtained a firearm, rifle, shotgun or machine gun from out of state 2) you recently moved to Massachusetts and you wish to record ownership of a firearm, rifle, shotgun or machine gun or 3) you possess a firearm, rifle, shotgun or machine gun and there is no record of the weapon on file with the Firearms Records Bureau.

 

[Martinilover]

sounds perfect! thank you

 

[jpm]

i did not know you could leave the seller section blank. That does not cause any problems?

if you try it in the regular transfer section it won't let you continue

 

[HorizontalHunter]

sounds perfect! thank you

I don’t think anyone has ever been prosecuted for Not filing a FA10 and the statute of limitations is 6 years IIRC. Which is why you will get a variety of answers on this one. Different people have different comfort levels.

There is a lot of good info on the GOAL website when it comes to Mass laws:
Gun Owners' Action League of Massachusetts - GOAL.ORG

If you aren’t a member you should at least sign up for their weekly news email.

Bob

 

[CrackPot]

Yes. You use the a registration option. Just like you would for an out of state purchase of a rifle. This assumes that the firearm wasn’t registered by the former owner.

Irrelevant fortunately. They never remove anything from anyone. If you query the database is shows everything you ever had. The same gun can have multiple names associated with it. I know someone who sold/bought/sold/bought/sold/bought the same gun.

 

[one-eyed Jack]

Also, you can look at the other 2932 posts on this.

 

[swatgig]

I don’t think anyone has ever been prosecuted for Not filing a FA10 and the statute of limitations is 6 years IIRC. Which is why you will get a variety of answers on this one. Different people have different comfort levels.

Not true.

I have a client charged with three counts of failing to file FA10. I filed a motion to dismiss based on the statute of limitations. The DA argued there was a continuing duty to report the "lost" guns, so the statute of limitations didn't apply. It was scheduled to go to trial next week, but I just learned the cop is not available.

 

[HorizontalHunter]

Not true.

I have a client charged with three counts of failing to file FA10. I filed a motion to dismiss based on the statute of limitations. The DA argued there was a continuing duty to report the "lost" guns, so the statute of limitations didn't apply. It was scheduled to go to trial next week, but I just learned the cop is not available.

Interesting. This is the first time I heard of someone being prosecuted for this but I didn’t think that they could wave the statute of limitations either but when it comes to GUNz I guess anything goes.

Thank you for sharing the info.

Bob

 

[MisterHappy]

Swatgig: If your client had them, how can they be "Lost" and require reporting? (I think)

 

[EJFudd]

Not true.

I have a client charged with three counts of failing to file FA10. I filed a motion to dismiss based on the statute of limitations. The DA argued there was a continuing duty to report the "lost" guns, so the statute of limitations didn't apply. It was scheduled to go to trial next week, but I just learned the cop is not available.

This post *begs* for more details... which I understand you probably can't post.

 

[Len-2A Training]

While you can certainly follow the illegal advice others have provided, I'll point you to the legal advice. Then you can do as you please.

Legally it isn't "inheritance" your MIL inherited the guns unless a will says otherwise.

For her to give/sell any of them, it is just like any other sale/gift and it would require going to a MA dealer/FFL for the legal transfers. If the MIL has a LTC, then she could personally transfer them to another MA resident with a LTC using the portal for personal transfers.

Failure to do the FA-10 first offense is a fine, second offense is prison (and an ADA would likely count each gun as an offense).

The decision is yours and none of us take any risk in the deal.

Lots of info on inheritance and what isn't an inheritance can be found here:

MA-Gun Laws (Fed & MA) and Inheritance

I was discussing this issue with an attorney over the weekend and sent him the following text that I was able to find. Not being an attorney myself, there are areas of Fed and MA law on this topic that are open to interpretation that seriously impact our ability to transfer older handguns...

www.northeastshooters.com

 

[June4th]

Moral of the story: if you play with MGL on guns, don’t get caught!

 

[308rifleman]

I'm not telling you what you should do, I'm telling you what I would do. I'd tell my wife she now owns two guns and then I'd go shoot them.
Why you'd want to tell the state anything is beyond me.

The less MA knows about you, the better. Any info you give the bureaucrats in this socialist state will, sooner or later, be used to screw you over.

 

[DW357]

Not true.

I have a client charged with three counts of failing to file FA10. I filed a motion to dismiss based on the statute of limitations. The DA argued there was a continuing duty to report the "lost" guns, so the statute of limitations didn't apply. It was scheduled to go to trial next week, but I just learned the cop is not available.

Oh man I’d love to know more on this case but realize it’s confidential. I feel like you need to be in hot water to begin with, for them to be seeing if your guns are registered.

 

[drgrant]

Not true.

I have a client charged with three counts of failing to file FA10. I filed a motion to dismiss based on the statute of limitations. The DA argued there was a continuing duty to report the "lost" guns, so the statute of limitations didn't apply. It was scheduled to go to trial next week, but I just learned the cop is not available.

Of course this begs the question, what was the basis of the charge to begin with, was the clients guns recovered somewhere, and the failure to file is based on a legal obligation to report a stolen gun? Different ballgame if so.

 

[Chevy 2 65]

Why can't people just take things home and love them.

 

[drgrant]

Moral of the story: if you play with MGL on guns, don’t get caught!

Sometimes being straight laced doesn't matter, either. I've spoken to a few attorneys where they had clients with gun charges brought against them that were totally bogus.... the system doesn't give you money back if it's wrong....

 

[JoseyWales]

Not true.

I have a client charged with three counts of failing to file FA10. I filed a motion to dismiss based on the statute of limitations. The DA argued there was a continuing duty to report the "lost" guns,

I read it on the internet so it must be true.

 

[Matt2109]

Listen to Len....

 

[Asaltweapon]

Or bring them to a place without such convoluted BS.

 

[drgrant]

I read it on the internet so it must be true.

Swatgig is the real deal, so I believe him. An important lesson here is someone can be charged with pretty much anything, doesn't mean the charge is legally valid. Various judges/courts engage in the "cuz its guns" shit in this state. (Aka making shit up as they go along because it suits a political agenda)

 

[Class3NH]

Sorry to hear of your Loss
Listen to Len. He's got some good info
I would also say to do a FA10 from your MIL to your Wife/You...Easy Peasy stuff..

 

[Len-2A Training]

Sorry to hear of your Loss
Listen to Len. He's got some good info
I would also say to do a FA10 from your MIL to your Wife/You...Easy Peasy stuff..

If the MIL has a LTC it is as easy as you say. However, the OP made it sound like she doesn't and that is why it gets to be an issue only a FFL can solve legally in MA.