FRIEND BOUGHT A .22 RIFLE NO PAPERWORK - CAN HE REGISTER IT EFA 10 ?

[LotsaTiques]

A friend of mine (he has a LTC) bought a .22 cal. rifle privately out of a house and no paperwork was completed. He now wants to sell it. Can he register the rifle now via efa-10? He doesn't remember who he bought it from. I think it was an estate sale a few months ago. Any help would be appreciated. Thanks.

 

[kalash]

It's the seller's responsibility to file the eFA10 so if he bought it with no paperwork he is likely in the clear. Now that he wants to sell it, I imagine he can just go and sell it and file the form for that transfer. IANAL

 

[Contramnky]

Could he get in trouble for possessing a firearm purchased in MA that he did not file paperwork for?

 

[Len-2A Training]

Could he get in trouble for possessing a firearm purchased in MA that he did not file paperwork for?

It was an illegal sale between a non-licensed person and a licensed person in MA w/o an FFL involved, at least that is how it reads. So yes, he could get in trouble, especially with info on social media (e.g. NES) available for discovery.

 

[ISOTOX]

It was an illegal sale between a non-licensed person and a licensed person in MA w/o an FFL involved, at least that is how it reads. So yes, he could get in trouble, especially with info on social media (e.g. NES) available for discovery.

You never know who could be lurking....

 

[LotsaTiques]

Thanks for your responses......so, 1 says no biggie and 1 says it's a problem......hmmmmm.

 

[Sparky1911]

I'd listen to Len

 

[ChevyGuy91]

I'd listen to Len

and STFU.

 

[iofneedle]

Like Len said. Did he buy it from an unlicensed individual? That is, of course, illegal. So I would assume he can get in all kinds of trouble.

 

[22lr]

It is a .22 from an estate sale, probably not a collector piece so what does he think he can get for it, $75? That might pay for the first 20 min of lawyer fees. Not worth it in my opinion. Can your buddy track down the seller and do it legal?

 

[cockpitbob]

I'd listen to Len

Always listen to Len.

 

[PATRON]

To late she is here.

 

[Len-2A Training]

There is no difference between the legal requirements when buying in an estate sale in MA or just from John Doe who sells a gun on NES! What was done was illegal, period.

If he wants to sell it, regardless of to whom he sells it, he should go to an FFL! That doesn't make the original purchase legal, but it is probably the best he can do short of "undoing the sale" by the rightful prior owner going to an FFL with him to legally transfer it to him. Regardless the crime has already been committed. [That's like robbing someone and weeks later apologizing and handing back the money . . . it doesn't undo the original crime.]

 

[67ray]

+1 on the FFL. Bring the gun there with the buyer and all is well.

Truth is there was a time when there was no requirement to register firearms so this gun could have been old enough that it was owned way back . . . and no one can say otherwise.

 

[Len-2A Training]

Truth is there was a time when there was no requirement to register firearms so this gun could have been old enough that it was owned way back . . . and no one can say otherwise.

Yeah, right! I believe that year was 1968 and most here weren't even born then. At any rate if it was an estate sale, there is documentation with an attorney/court that would expose this lie. But continue to tell people to lie and perjure themselves, as long as they follow your advice and it isn't you doing it, no harm, no foul, RIGHT!!

 

[67ray]

Yeah, right! I believe that year was 1968 and most here weren't even born then. At any rate if it was an estate sale, there is documentation with an attorney/court that would expose this lie. But continue to tell people to lie and perjure themselves, as long as they follow your advice and it isn't you doing it, no harm, no foul, RIGHT!!

Wow you are angry . . . if you read my advice was to take it to an FFL . . . read carefully I don't tell anyone to lie or perjure

 

[bostonasphalt2]

Wow you are angry . . . if you read my advice was to take it to an FFL . . . read carefully I don't tell anyone to lie or perjure

Taking it to an FFL doesn’t change the past actions of which included an illegal transfer

 

[J.A.C]

If 5 people say one thing and Len says another, Go with Len. I don't get how someone living in this state would ever think buying a gun at a yard sale with no paperwork and never registering it would ever end well. I am surprised this state even allows yard sales and haven't forced people to buy a permit to have one.

 

[mousegunguy]

He never said if the original seller was liscenced or not, just that there was no paper work done. Would a liscenced seller not doing the paperwork make any difference in the buyer being legal?

 

[ISOTOX]

Wow you are angry . . . if you read my advice was to take it to an FFL . . . read carefully I don't tell anyone to lie or perjure

Oh Boy...

 

[ISOTOX]

Yeah, right! I believe that year was 1968 and most here weren't even born then.


Hey I remember 1968....

 

[Tactical Workbench]

Yeah, right! I believe that year was 1968 and most here weren't even born then.


Hey I remember 1968....

#MeToo

- - - Updated - - -

Wow you are angry . . . if you read my advice was to take it to an FFL . . . read carefully I don't tell anyone to lie or perjure

 

[Len-2A Training]

He never said if the original seller was liscenced or not, just that there was no paper work done. Would a liscenced seller not doing the paperwork make any difference in the buyer being legal?

Nope, just as illegal as buying it on the corner of Blue Hill Ave and Morton St. in Boston out of a car trunk.

Yeah, right! I believe that year was 1968 and most here weren't even born then.


Hey I remember 1968....

First election I was able to vote!

 

[namedpipes]

He never said if the original seller was licensed or not, just that there was no paper work done. Would a licensed seller not doing the paperwork make any difference in the buyer being legal?

You are correct, and probably so. Then the only crime was that of the SELLER not filing the FA10.

#MeToo

#MeTooToo and

 

[42!]

IANAL just my thoughts on how to limit your risk.

Pay a lawyer, even if it's only 1$ to establish yourself as a client.
Give the gun to him with instructions to transfer it to person X through an FFL.
The lawyer has no obligation to report a past crime and anything that transpires between you and the lawyer is privileged information.
The lawyer would need to be willing to do the transfer "from" himself.
If asked about where the gun came from originally, the lawyer should be able to say "from a client" and leave it at that.

My guess is that unless it comes back stolen or was involved in a crime other than the sale, no one is going to care. BUT THIS IS JUST MY OPINION.

VERY IMPORTANT
Check with a lawyer to see if my twisted logic actually works. I take no responsibility if you follow what I've listed here. My post is intended for entertainment purposes only.

ETA:
Question: At the time of the sale, did you believe that the seller was properly licensed and would follow all applicable laws? If your answer is "Yes" then at most you are guilty of being stupid, and that's not a crime. As usual, IANAL, and I could be completely wrong.

 

[Picton]

Your friend needs to shut his mouth, this thread needs to go away, and we all need to just forget the whole thing.

That way, your friend can continue to enjoy shooting the .22 he brought in when he moved here.

 

[bgoum]

Your friend needs to shut his mouth, this thread needs to go away, and we all need to just forget the whole thing.

That way, your friend can continue to enjoy shooting the .22 he brought in when he moved here.

This

 

[drgrant]

It was an illegal sale between a non-licensed person and a licensed person in MA w/o an FFL involved, at least that is how it reads. So yes, he could get in trouble, especially with info on social media (e.g. NES) available for discovery.

Assuming it was otherwise legal, I can't see why- it's the seller or dealers responsibility to file an FA-10. Good luck to the state prosecuting the guy while re-selling (particularly if the new owner did it properly within the law). The original seller might get prosecuted for not having the right license (MA dealer lic?) or not filing the FA-10, but that ain't the new rifle owner's problem.

Years ago a roommate of mine had this same scenario. He bought a milsurp rifle at an MA gun show from a dealer. Dealer had him do 4473 and BG check but did not have him fill out an FA 10 (dealer either forgot, didnt care, or both?) since this was my friends first gun purchase, he didn't know. He didnt think about this for awhile then mentioned it to me. I just said "just file an FA-10 register, no seller info, done" not any different than buying a gun from an NH FFL or something. It's not the buyers problem if they have a license and the gun is legal.

-Mike

 

[drgrant]

IANAL just my thoughts on how to limit your risk.

Pay a lawyer, even if it's only 1$ to establish yourself as a client.
Give the gun to him with instructions to transfer it to person X through an FFL.

That's cute, but this doesn't wash away the "original misdeed" (if any) so that entire thing is a huge waste of time.

The more time the OP's friend spends paying attention to this non issue exponentially increases the odds of turning it into an actual issue, instead of just shutting his mouth and moving on with life. Usually when I hear these yarns my response is something like "If your friend is that worried about this, then he should sell his gun(s) to a dealer and not be a gun owner, it's obvious it's too much for him to handle mentally, at least in MA. "

-Mike

 

[Len-2A Training]

Mike, since the buyer has to provide his LTC and sign an FA-10 form (hardcopy old days) or at least provide that info to the seller, he had to know that he hadn't done any of that and thus it was an illegal sale. I'll bet the current owner doesn't even know the name of the prior owner who sold it to him.

In the other case you mention, it was done by an FFL so your solution is the best one in that case,

Chance of getting jammed up is normally close to 0% but once you post on FB/NES/etc. with super-snoopers from the AGs office trolling those social media, all bets are off..