Friend found an old gun in the basement

[SalemCat]

OK, so after reading these articles, I have what may be a silly question. Why is it only legal with a rifled bore? I know that must be the issue since they sell guns like the Governor that can fire .410 shells so apparently the rifling makes it somehow less dangerous?

The answer is IT'S THE LAW. Is a Rifle with a Grenade Launcher dangerous ? Where the hell would you get a Grenade - Dollar Tree ? Hah ! Pistol Grip dangerous ? Nonsense.

Gun Laws DON"T MAKE SENSE. They just are.

 

[SalemCat]

Can you cite this case? Your FFL wants to do a 4473 for an object, that's between you and him. Does he run a background check when you buy ammo or targets, too? All I said was if OP's gun is pre-'98 he's good-to-go. And he is. If the state wants to charge someone for carrying a firearm when they're not carrying a firearm, we apparently have bigger changes to make in this state than I thought.

There are many threads, but this is a good start: http://www.northeastshooters.com/vb...o-license-needed-guns-made-before-1900-a.html

EXCEPT WHEN A LEO WHO ARRESTS YOU, AND THEN THE JUDGE WHO DOES NOT KNOW THE LAW DECIDE DIFFERENTLY.....

 

[SalemCat]

STEVENS TIP UP PISTOL MODEL 41 : Single Shot Pistols at GunBroker.com

Excellent Catch ! Too bad the barrel on the Op's find looks so corroded.

 

[SalemCat]

These two lines seem contradictory. If it was made before 1898 it's not a firearm. Period. At all. Nope, certainly is NOT a firearm. As such, can be possessed by anybody, just as with any other object that isn't a firearm. So it can't meet the definition of an SBS, because shotguns are-wait for it-firearms. Which a pre-1898 object cannot be.

Another great thread: http://www.northeastshooters.com/vb...3486-possible-have-guns-older-than-c-r-2.html

 

[WallHack]

EXCEPT WHEN A LEO WHO ARRESTS YOU, AND AND THEN THE JUDGE WHO DOES NOT KNOW THE LAW DECIDE DIFFERENTLY.....

If you extrapolate that theory, couldn't anyone at any time get arrested for and convicted of ANY crime without committing said crime at any point? I'll spend my effort worrying about far more likely things.

 

[SalemCat]

If you extrapolate that theory, couldn't anyone at any time get arrested for and convicted of ANY crime without committing said crime at any point? I'll spend my effort worrying about far more likely things.

YES ! That's it exactly !!

This country is at the point you will be arrested and convicted of NO CRIME, or given a total pass on MAJOR CRIME. Your Political Affiliation, National Origin, Religion, and Skin Color are what matters.

 

[Madisonian]

IF it's a firearm then it must go through a dealer. A non LTC or FID holder can't possess, let alone sell a firearm to anyone other than a dealer. I went through this last year with a friend whose Dad died and left a gun behind. My friend had no LTC and wanted to sell the gun. Since I'm licensed I could hold the gun until a buyer was located. At that point I conveyed the firearm to a local dealer who transferred the firearm to his inventory and then out to the buyer. The seller was my friend, not me because while I could hold the firearm for him, he couldn't transfer it to me or anyone else. That had do go through a FFL. That's what the law in MA requires. Other states are different. Well actually MOST other states are different. Down south I'm told that it's very common for all sorts of firearms to be sold FTF at yard sales and even estate sales.

I also helped the same friend sell an antique S&W revolver. That required no FFL since it was made in 1893 and was an easier deal.

I thank you for your reply. I hear what you're saying, but I believe that you are in error regarding the example you give. In the case of an inheritance, the heir or executor has 180 days during which they can legally posses and transfer, even if they don't have a license.

I was also wondering if, when Massachusetts law requires a licensed dealer to conduct a transfer inside Massachusetts, if that refers to someone with a Massachusetts dealer's license, and not an FFL; though it's probably just a legal technicality, since I doubt one could get the former without the latter.

 

[cstockwell]

I am pretty sure they were not sold under Stevens brand until 1907 but were sold under Gould prior to that date. I will check my Blue Book when I get to the shop today. If it does not have the Stevens markings on the top of the barrel it may have been Gould but I can't remember if they had any serial numbers on the Gould models. I have an old 32 s&w tip up from 1913 that has a serial number so some manufacturers did put serial number on guns even way back.

 

[falcon123]

Dirty Harry called. He wants his gun back.

 

[Gidge]

These two lines seem contradictory. If it was made before 1898 it's not a firearm. Period. At all. Nope, certainly is NOT a firearm. As such, can be possessed by anybody, just as with any other object that isn't a firearm. So it can't meet the definition of an SBS, because shotguns are-wait for it-firearms. Which a pre-1898 object cannot be.

IANAL, however, I believe that ANY shotgun under 26" total (18" barrel) is considered "sawed-off" and can get you in trouble with the BATFE (There are exceptions, e.g. handguns that take shotshell load and guns classified as "other" by the feds).

OP : Nice find !

 

[Terminator03]

The answer is IT'S THE LAW. Is a Rifle with a Grenade Launcher dangerous ? Where the hell would you get a Grenade - Dollar Tree ? Hah ! Pistol Grip dangerous ? Nonsense.

Gun Laws DON"T MAKE SENSE. They just are.

Gotcha... it's one of THOSE laws, I guess. Maybe it's because of ballistics matching if used in a crime, or something, but like all of the other stupid laws, I doubt that any criminal will be concerned if their shotgun is legal length when they use it.

 

[WallHack]

IANAL, however, I believe that ANY shotgun under 26" total (18" barrel) is considered "sawed-off" and can get you in trouble with the BATFE (There are exceptions, e.g. handguns that take shotshell load and guns classified as "other" by the feds).

OP : Nice find !

Yes, you're completely correct, having an SBS with no tax stamp is a federal crime. However, as far as I'm aware, if it's pre-1898 it CAN'T be a shotgun because its not a FIREARM.

 

[inerlogic]

I have a friend who bought a house and found an old gun in the basement. He does not have his LTC of FID, what steps should he take to sell it or transfer it?
Thanks

sure you didn't find it in your basement? or your attic?

 

[Terminator03]

sure you didn't find it in your basement? or your attic?

That's exactly what I was thinking... why complicate things when you don't need to!

 

[doughboy]

This is a picture any ideas of it might be?
View attachment 66750

Wait, I've seen that before

 

[HuntMaine]

This is a picture any ideas of it might be?
View attachment 66750

Old school concealed carry....

 

[Eric]

Can anyone suggest somewhere or someone north of Boston who knows anything about the firearm "I" found in my house. Would like it to go to someone who appreciates pistols like these. Just not my style.