Gun Confiscation Due to OUI in MA

[JD_Driver]

A question for the knowledgeable folks here. I did a quick search and couldn't find what I was looking for.

1st the story:
A good friend of mine asked me to store his firearms. His wife wanted them out of the house yada yada yada... I've had them in my possession for probably close to 10 years now. We both live in MA but not in the same town.

Recently he was found guilty of an OUI. Yesterday, the cops come knocking on his door to collect his LTC. He wasn't home, but headed to the station after he got home from work. He surrendered his LTC and they asked him for his guns. At which point he told them I had them.

I was on my way to an awards banquet when I got a call from the PD asking if I had the firearms and if I could bring them down and turn them in. I told them I could but I would have to make arrangements to do so. At which time the officer became very pushy about when that would happen. I didn't know at that moment and said as much. Since I was driving at the time I excused myself, said I would call them back when it was convenient for me and ended the call.

While at the banquet I got another call from the PD, which I ignored. A few minutes later I got a call from my friend which I answered. We talked about the situation. He was still at the station and long story short I agreed to bring the guns in this evening.

About this same time I get a text from my Daughter who is at home. The local PD had showed up at our door asking about my friends guns. She said that she knew nothing about the situation and they left.

My question is about getting the guns transferred to me. The PD said they needed to take possession prior to getting them transferred but would support having them transferred to me. I know I'll need an FFL to do the transfer because my friend no longer has his LTC. Can someone explain how a transfer from the PD through an FFL would work? I want to figure out the basic logistics. Its over an hours drive to my friends PD and I'd like to get this done in as few trips as possible.

Thanks

 

[The Anchor]

jeesh, good luck to you and your friend. which pd?

 

[PappyM3]

Honestly, it sucks for you but it might be worth a call to a firearms attorney.

 

[PaulR]

Yep.
Firearms atty time.
Surprised /ok not surprised they were that pushy.

 

[appraiser]

If the police department takes the guns you will never get them back by law they have to go to a bonded Warehouse they are not going to willingly give them back to you without a huge fee. I would say screw the police take the guns and your friend to an FFL and transfer them into your name.. then make sure you have a lawyer lined up I would suggest Neil tassel and when the cops come knocking on the door say I don't have his guns please call my lawyer

 

[Admin]

WTF is wrong with MA?

 

[Mesatchornug]

If the police department takes the guns you will never get them back by law they have to go to a bonded Warehouse they are not going to willingly give them back to you without a huge fee. I would say screw the police take the guns and your friend to an FFL and transfer them into your name.. then make sure you have a lawyer lined up I would suggest Neil tassel and when the cops come knocking on the door say I don't have his guns please call my lawyer

Different departments behave differently about this. I had a department offer to make the transfer to me for someone who was in a similar enough situation, if it came to that.

That said, I 100% agree - @JD_Driver, call @nstassel. He'll help you make the right decisions.

 

[ThePreBanMan]

Lawyer up immediately. If you play this situation in any way incorrectly, you could be facing charges as well for whatever b******* they drum up. Accessory to this accomplice to that or whatever.

Get an attorney. Anytime the police attempt to contact you, redirect them to the attorney. You should have no contact with the police at all. Like literally zero. Do not talk to them. Do not engage them. Follow your attorney's advice. Don't do anything until you talk to the attorney. Don't transfer the guns, don't relocate them, and for God's sake don't talk to the police. Talk to the attorney and then follow his advice to the letter.

 

[Rockrivr1]

The guns will not go to the Bonded Warehouse right away. There will be a period where they need to inventory and document them. If it's just a couple guns they will not be in a huge rush to get them to the warehouse. If there are many, then they may not have the storage and the transfer will be pretty quick. If you want the guns you need to be pretty quick with a FFL that is lined up and ready to do the transfers right away. The PD isn't going to make it easy, but the police are just a holder and your friend is still the owner so that needs to be pushed. A lawyer will help, but you need to be quick with this.

 

[OnTheRoad]

Have your friends attorney do the legwork, they're his guns. Should be able to just arrange to go to an FFL and transfer them all. I'm not aware of any legal requirement that the PD takes physical possession of the guns, so long as it can be documented that the defendant no longer possesses them. If someone knows differently please point me to the chapter and section that mandates this.

 

[whatluck]

Move the guns out of state immediately.

 

[Echo 225]

Something don’t smell, right

 

[PappyM3]

Have your friends attorney do the legwork, they're his guns. Should be able to just arrange to go to an FFL and transfer them all. I'm not aware of any legal requirement that the PD takes physical possession of the guns, so long as it can be documented that the defendant no longer possesses them. If someone knows differently please point me to the chapter and section that mandates this.

His friends’ attorney is looking out for his friend, not for the OP.

 

[OnTheRoad]

His friends’ attorney is looking out for his friend, not for the OP.

Then if the guns (or their value) are important to the friend he will have his attorney handle it. If not I'd just hand them over. It's not the OP's fight and not everyone has lawyer money burnin' a hole in their pocket.

 

[drgrant]

Move the guns out of state immediately.

It's too late for that, his friend obviously ran his mouth etc.

 

[50wt]

And surrendered ltc, so cant transfer anything.

 

[Mark from ?]

10 years? And he hasn't transferred them to you yet? FAIL.

As soon as your out of jail from the OUI charge you transfer them while you still have your LTC for christ sake. So when they pull your LTC after finding you guilty in court and they come to your door........... you have no firearms.

Sounds to me this problem wouldn't be a problem if your buddy had handled it a long time ago.

Now.....if he wants them transferred....its lawyer time.

 

[Mark from ?]

WTF is wrong with MA?

That will take more than just this OUI thread to figure out. Its hopeless is what's wrong.

 

[RDG]

ouch. This one sucks.
and someone correct me if I’m wrong but say goodbye to any off-roster handguns or super scary post AWB type stuff.

 

[drgrant]

If the police department takes the guns you will never get them back by law they have to go to a bonded Warehouse they are not going to willingly give them back to you without a huge fee.

This isn't true at all. Some PDs just hold them. But generally sooner is better to avoid the possibility.

 

[HARRYM]

Honestly, it sucks for you but it might be worth a call to a firearms attorney.

A call to a firearms attorney needs to happen post haste.

 

[OnTheRoad]

And surrendered ltc, so cant transfer anything.

Why not? It's not a FTF transfer, it's an FFL transfer. OP brings guns to FFL. Friend is there with proof of ownership but never takes physical possession of the guns. FFL logs them in and 4473 / FA10's them back out.

As far as I can figure out the only way to compel the surrender of the friend's property to the .gov is if the court ordered it as a condition of sentencing.

 

[drgrant]

The guns will not go to the Bonded Warehouse right away. There will be a period where they need to inventory and document them. If it's just a couple guns they will not be in a huge rush to get them to the warehouse. If there are many, then they may not have the storage and the transfer will be pretty quick. If you want the guns you need to be pretty quick with a FFL that is lined up and ready to do the transfers right away. The PD isn't going to make it easy, but the police are just a holder and your friend is still the owner so that needs to be pushed. A lawyer will help, but you need to be quick with this.

If its a douche level 10 town you have less than 24 hours to act, those guns will be in a BW the next business day. If it's a less shitty towm it could be weeks, months, or never.

 

[413guy]

WTF is wrong with MA?

well, how much time have you got...

 

[M1911]

Something don’t smell, right

Nope. This is not unusual for MA.

 

[cams]

This isn't true at all. Some PDs just hold them. But generally sooner is better to avoid the possibility.

This was true in my case some years ago. I was arrested and charged with multiple crimes after getting jumped by 5 little gang banger wannabes. About a year later after I was found not guilty I went to the station the same day and got my LTC card and my pistol back. I had a closet full of guns at the time of the arrest and they never even came for those.

 

[mothybee]

If OP is licensed and in possession of the guns why does he have to turn them in?

 

[appraiser]

This isn't true at all. Some PDs just hold them. But generally sooner is better to avoid the possibility.

Wasn't there a thread on here about a bonded warehouse that was contacting local PD's and reminding them of some MGL that said guns had to go to a bonded warehouse after some amount of time?

 

[M1911]

If OP is licensed and in possession of the guns why does he have to turn them in?

Because they don't belong to the OP. They belong to the fellow who no longer has an LTC.

 

[pdm]

Wasn't there a thread on here about a bonded warehouse that was contacting local PD's and reminding them of some MGL that said guns had to go to a bonded warehouse after some amount of time?

I hope they have improperly installed knob and tube wiring.