Found Gun in Attic Question.

[MK0506]

​This really is a Hypothetical Question but I have heard it before and I have no clue how one would handle it legally. Any thoughts would be appreciated.


Say a widow or widower found a firearm in the house years after their spouse past ( In Massachusetts) . Unsure if spouse had a valid permit or if the gun was ever registered or not, what can they do with the firearm? I always thought the spouse had only a certain window of time to transfer its ownership to someone through a gun store. In this case, could the gun ever be transferred to someone else? How about just a found gun in an estate cleanup and nobody knows who owned it? Can firearms such as these be transferred to a good home or do you have to turn them in?

Thanks

 

[MAJoe]

She could call a friend with an LTC, drive to an FFL, and sell it? I'm just not sure how that works if it was registered before to the former owner.

Or, she could wait for a police buyback.

 

[UtahGetMe2]

I have also wondered about this and if there was a difference between if the firearm(s) in question were pistols / shotguns / rifles or if the type didn't matter.


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[CTpatriot]

I find guns in my house all the time unfortunately they are ones I misplaced. Bought a single shot shotgun at a tag sale once, no worries because CT. In MA to the fll thing and enjoy.

 

[browncoat]

She could call a friend with an LTC, drive to an FFL, and sell it? I'm just not sure how that works if it was registered before to the former owner.

Or, she could wait for a police buyback.

This. It doesn't matter whether the gun was FA-10ed before or to whom it was FA-10ed. If the gun would have been inherited by the widow, then a licensed individual can take the widow and the gun to an FFL, the FFL can transfer the gun to the licensed individual. There is no time limit on this. If you want to transfer the gun without an FFL involved, that is where there is a time limit.

 

[Glockster30]

This. It doesn't matter whether the gun was FA-10ed before or to whom it was FA-10ed. If the gun would have been inherited by the widow, then a licensed individual can take the widow and the gun to an FFL, the FFL can transfer the gun to the licensed individual. There is no time limit on this. If you want to transfer the gun without an FFL involved, that is where there is a time limit.

I'm not sure what or under what circumstances you are referring to wrt time limit, but if an unlicensed person, a widow, is left guns owned by her husband, she has 180 days to either get a license or sell them through an FFL.

(n) The transfer of a firearm, rifle or shotgun upon the death of an owner to his heir or legatee shall be subject to the provisions of this section, provided that said heir or legatee shall within one hundred and eighty days of such transfer, obtain a firearm identification card or a license to carry firearms if not otherwise an exempt person who is qualified to receive such or apply to the licensing authority for such further limited period as may be necessary for the disposition of such firearm, rifle or shotgun;

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section129C See paragraph (n).

 

[browncoat]

I'm not sure what or under what circumstances you are referring to wrt time limit, but if an unlicensed person, a widow, is left guns owned by her husband, she has 180 days to either get a license or sell them through an FFL.



https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section129C See paragraph (n).

That applies to legal possession by the widow. I was talking about legal transfer. As you say, there is 180 days in which the executor of the estate can transfer guns to legal heirs with no FFL involved. I'm assuming that this gun found in the attic is outside the 180 day period. In this case, the widow is illegally in possession of the gun, and taking it to an FFL is the only legal option for transfer.

 

[Len-2A Training]

She could call a friend with an LTC, drive to an FFL, and sell it? I'm just not sure how that works if it was registered before to the former owner.

Perfectly legal solution regardless of prior ownership.

This. It doesn't matter whether the gun was FA-10ed before or to whom it was FA-10ed. If the gun would have been inherited by the widow, then a licensed individual can take the widow and the gun to an FFL, the FFL can transfer the gun to the licensed individual. There is no time limit on this. If you want to transfer the gun without an FFL involved, that is where there is a time limit.

Correct if you leave out the time limit answer.

I'm not sure what or under what circumstances you are referring to wrt time limit, but if an unlicensed person, a widow, is left guns owned by her husband, she has 180 days to either get a license or sell them through an FFL.



https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section129C See paragraph (n).

Not literally true.

That applies to legal possession by the widow. I was talking about legal transfer. As you say, there is 180 days in which the executor of the estate can transfer guns to legal heirs with no FFL involved. I'm assuming that this gun found in the attic is outside the 180 day period. In this case, the widow is illegally in possession of the gun, and taking it to an FFL is the only legal option for transfer.

It is 180 after SETTLEMENT of the estate (no matter how long that takes and it could take years) IFF she is keeping the gun, she has 180 days to get licensed.

In this case, I agree . . . either she gets licensed tout suite or have a LTC-holder take her and the gun to an FFL for a legal transfer (find one that will do it if gun isn't on EOPS List).

 

[Glockster30]

Perfectly legal solution regardless of prior ownership.

1) Correct if you leave out the time limit answer.

2) Not literally true.


It is 180 after SETTLEMENT of the estate (no matter how long that takes and it could take years) IFF she is keeping the gun, she has 180 days to get licensed.

In this case, I agree . . . either she gets licensed tout suite or have a LTC-holder take her and the gun to an FFL for a legal transfer (find one that will do it if gun isn't on EOPS List).

1) That's what had me confused with browncoat's initial response wrt "no time limit."

2) For clarification, I assume that my comment #2 is "not literally true" as you explained, it is 180 days after settlement of the estate. As I noted, my response was wrt the "no time limit statement."

However, the OP stated or questioned if the gun(s) were found "years" after the spouse passed. Under this scenario, the hypothetical question doesn't state if the estate is settled or not. If settled, then as you stated, the survivor has 180 days after the settlement date.

 

[Peicemaker]

IMO, the proper response to this scenario would be: Guns? What guns?. Seriously, If these hypothetical guns were an issue, someone from MA.GOV would probably have stopped by already to collect them. Since this had not happened, I doubt that the state gives a shit about them or, for that matter, actually knows they exist in the first place, so who cares.

 

[MisterHappy]

If Ms Oldperson did not know the gat was in the attic, she's probably not "into it."

A friend of Mr Oldperson, Buddy, who shot with Mr. Oldperson, should take possession of it. If Buddy wants it, he'll give Ms. Oldperson a fair sum of $, and they'll both go to the LGS and do a transfer. Of course, in the PRM, Buddy would not just give her the $, and put it in the safe.

If Buddy does not want it, they both go to the LGS and either consign it, or sell it outright.

This way there's no question of unlawful possession, and the FFL dots all the ownership "t"s and crosses the "i"s.

 

[MAJoe]

IMO, the proper response to this scenario would be: Guns? What guns?. Seriously, If these hypothetical guns were an issue, someone from MA.GOV would probably have stopped by already to collect them. Since this had not happened, I doubt that the state gives a shit about them or, for that matter, actually knows they exist in the first place, so who cares.

Conceptually I agree, but there are so many common situations that could make it an issue. Break-in, nosey handyman, grandchildren, etc. Just too many what-if scenarios that could turn something so easily fixed into an issue. Maybe I worry too easily, but so many ways to get jammed up that it's not worth it.

 

[Darksideblues42]

This. It doesn't matter whether the gun was FA-10ed before or to whom it was FA-10ed. If the gun would have been inherited by the widow, then a licensed individual can take the widow and the gun to an FFL, the FFL can transfer the gun to the licensed individual. There is no time limit on this. If you want to transfer the gun without an FFL involved, that is where there is a time limit.

How does this affect non-EOPS or AG-Double-Secret-Probation list firearms?

Someone moves to Mass 3 years ago. Brings his icky-non-compliant handguns with him. Gets licensed, gets married, and 2 years later is struck dead by a falling weather satellite. Estate is closed as he had no heirs aside from his wife. Wife finds a locked metal chest in the basement one day, takes the key off the pegboard and finds handguns in the box, none of which are compliant.

Does this render out of state sale as the only alternative to her getting a license herself?

 

[Racenet]

Gun? What gun?

 

[GlockJock]

This is really a no-brainer.. Simply file the serial numbers off and sell it in Roslindale... or in the projects in Mission Hill, etc etc...(Just let me know what you want for it first, cuz homey might take it off your hands if the price is right)...

Just sayin' [emoji6]

 

[Paul455]

Gun? What gun?

X1000

 

[Len-2A Training]

How does this affect non-EOPS or AG-Double-Secret-Probation list firearms?

Someone moves to Mass 3 years ago. Brings his icky-non-compliant handguns with him. Gets licensed, gets married, and 2 years later is struck dead by a falling weather satellite. Estate is closed as he had no heirs aside from his wife. Wife finds a locked metal chest in the basement one day, takes the key off the pegboard and finds handguns in the box, none of which are compliant.

Does this render out of state sale as the only alternative to her getting a license herself?

Sadly yes, unless a sympathetic MA Dealer is willing to do otherwise (and then never ever out them)! This also means that the widow gets almost nothing for the gun as the MA Dealer will moan about not being able to sell it for anything and then put it on GB and sell it for big bucks!

 

[Obie1]

All together now--at this point, what difference does it make?

 

[Dibbs]

What if Mr Oldperson living in CT had a collection from their youth that had never been registered. He is now worried about never registering them because he doesn't have a LTC he wants to sell them to a friend that lives in MA that does have a LTC, could it work?

 

[Arto]

"Congratulations!"

 

[NHAtHeart]

Couldn't a friend with a LTC just pay cash and FA-10 it with no previous owner information as if it was a 80% AR?

 

[bostonasphalt2]

Couldn't a friend with a LTC just pay cash and FA-10 it with no previous owner information as if it was a 80% AR?

legally can't do it that way

 

[CTpatriot]

legally can't do it that way

just buy the frame and the rest of the parts separately, woulndt that work?

 

[browncoat]

just buy the frame and the rest of the parts separately, woulndt that work?

Shhh

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[jaypap]

Hypothetically speaking what type of gun did you find?

 

[Dibbs]

I kinda hijacked the thread and I'm sorry. But my older hypothetical friend might have a m1 garand, 1911 colt, made I think in 1918 and a S&W 357 revolver, hypothetically.

 

[browncoat]

I kinda hijacked the thread and I'm sorry. But my older hypothetical friend might have a m1 garand, 1911 colt, made I think in 1918 and a S&W 357 revolver, hypothetically.

You should be able to find an FFL that will transfer those old guns to you. Alternatively, get a C&R FFL and pick them up yourself - the first two guns are certainly c&r

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[Dibbs]

Thanks.

 

[UNSUB]

I find guns in my house all the time unfortunately they are ones I misplaced. Bought a single shot shotgun at a tag sale once, no worries because CT. In MA to the fll thing and enjoy.

I bet when you found it you did the gun dance.

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[MK0506]

Thanks everyone. I just don't want to miss an opportunity if one comes up.