Giving of Guns (a little help please)

[Brian5582]

Hello I have a few questions and was looking for a little help. If this belongs in the gun law section please move but I am not looking for a specific law. I did a search but couldn't find anything directly answering this.

I know this "person" that has 2 revolvers (S&W in 38S&W and a Dan Wesson in .357 not that it matters). Anyway their husband died and naturally the guns ended up in their possession. I am currently holding the guns for them as she is not licensed. She wishes to give them to me but is adamant that any transfer be done 100% legally. So i know that the guns were bought no later than the early 80's that being said I do not know how they may have been registered if at all (I am too young to know how things worked back in the day). I do not know if said person bought the guns new or bought them from a private party. I also do not know where the guns were bought. The person had lived in Florida, and Maine but I know has lived in the Commie Wealth sense the mid 80's.

So I am just looking for insight. Is there a way to tell where if at all the guns are registered or were there no records before a certain date? If so is there a way to tell (with serial #'s) when they were made? If there is no record would that just mean I file an FA-10 to register each of them?

Thanks for any help

Brian

 

[SSShooter]

None of the history matters. Bring her and the guns to an FFL and have them transferred to you. You can't just do an FA10 since she's not licensed.

 

[samandglove1]

None of the history matters. Bring her and the guns to an FFL and have them transferred to you. You can't just do an FA10 since she's not licensed.

+1

 

[Kevlar]

None of the history matters. Bring her and the guns to an FFL and have them transferred to you.

It can matter, due to compliance issues. If it can be proven to have been in the state prior to 10/21/98, a FFL can effect the transfer. Similarly, if it is on the "Approved Firearms Roster", and manufactured prior to 10/21/98, a FFL can effect the transfer. If neither of these conditions are met, a FFL cannot effect the transfer.

You can't just do an FA10 since she's not licensed.

This is not necessarily true, but LenS has a better understanding of inheritance/executor issues. Hopefully he'll chime in.

 

[SSShooter]

It can matter, due to compliance issues. If it can be proven to have been in the state prior to 10/21/98, a FFL can effect the transfer. Similarly, if it is on the "Approved Firearms Roster", and manufactured prior to 10/21/98, a FFL can effect the transfer. If neither of these conditions are met, a FFL cannot effect the transfer.

He already stated they are pre-98.

This is not necessarily true, but LenS has a better understanding of inheritance/executor issues. Hopefully he'll chime in.

It IS true. The OP did not inherit these guns, so there is no inheritance issue. They are owned by a non-licensed individual so they must be transferred via FFL.

 

[Kevlar]

He already stated they are pre-98.

As I stated, that is only part of the equation.

It IS true. The OP did not inherit these guns, so there is no inheritance issue. They are owned by a non-licensed individual so they must be transferred via FFL.

I wasn't implying the OP inherited the firearms. Under certain circumstances, an unlicensed executor/trix is authorized to possess and transfer firearms...

http://www.northeastshooters.com/vb...Gun-Question?p=1615025&viewfull=1#post1615025

 

[SSShooter]

nevermind, not worth it

 

[Rob Boudrie]

Anyway their husband died and naturally the guns ended up in their possession. I am currently holding the guns for them as she is not licensed. She wishes to give them to me but is adamant that any transfer be done 100% legally.

If the person is the executor of the estate, she can transfer the guns to you on an FA-10. If she is not the executor, whomever is can do so - and no FFL is required. The executor is allowed to possess the firearms for 180 days without an LTC, or longer if the chief grants an extension to that time limit.

If the executor is out of state, you can take possession of the guns (assuming none are post-ban AWs) and file an FA-10 to register them once you get back to MA (the is the one exception to the federal ban on acquiring a handgun out of state without use of an FFL).

 

[hicksonj]

I believe the probate must be pending (takes one year). She (or someone else) may be named executor in a Will, but they must be appointed temporary executor(rix) by the court and the probate must be open to fit within the exemption. With probate avoidance estate planning, this is becoming less of an option.

 

[Brian5582]

Rob of responses so far yours is clearest. She is the executor. As far as the 180 days we are now talking of years sense the passing so that doesn't really matter. I didn't know if I could just register them on a FA-10 saying that it was verbally expressed he wanted me to have them before he passed, but I am guessing if it isn't on paper it doesn't matter. Which there was never anything on paper as to who gets what. It was just all left to his wife. Sense it is long past the 180 days can she still do the transfer FA-10 or sense it is past the 180 days and she can't legally posses them she can't do a personal transfer? I don't want to be a PITA with 20 questions I just don't know where else to ask other than probably paying a lawyer.

 

[Len-2A Training]

This is not necessarily true, but LenS has a better understanding of inheritance/executor issues. Hopefully he'll chime in.

He already stated they are pre-98.

It IS true. The OP did not inherit these guns, so there is no inheritance issue. They are owned by a non-licensed individual so they must be transferred via FFL.

From the OP and later clarified, inheritance no longer is an option, due to time passed if for no other reason.

They must be done at a Dealer with current owner (like it or not, she owns them) and the OP.

Every dealer has his/her own level of comfort wrt pre-1998 guns that lack documentation proving that they were in-state on/before 10/21/1998. So that part is up to the dealer chosen. Sounds like old FA-10s/blue cards are NOT part of those computerized, so that's not an option unless someone can find the tissue-copies amongst the deceased property.