Have I offered correct and complete advice on this transfer?
I've got a (licensed) friend in Mass who has a .22 rifle, gifted from older man who had it since childhood -- very old piece. They were unaware of EFA-10 requirements. Curiously, a local LEO recently told him registration was unnecessary since it was a personal transfer.
My response:
I've got a (licensed) friend in Mass who has a .22 rifle, gifted from older man who had it since childhood -- very old piece. They were unaware of EFA-10 requirements. Curiously, a local LEO recently told him registration was unnecessary since it was a personal transfer.
My response:
- Sadly LEOs often don't know the laws.
- In Mass, any firearm must be registered to a license holder and at all times either stored in accordance with regulations or under direct control of the owner.
- If you buy a firearm from a dealer, they immediately file a form EFA-10 with the state to register the transfer, ensure the person is licensed, and not otherwise prohibited.
- If you buy from a private individual, they must file the EFA-10.
- If you manufacture a firearm from parts, you have seven days to file it. Essentially a transfer to yourself from no one.
- If you move to the state, you have either 7 or 30 days (I can’t remember which) to register any firearms.
- The distinction of private sale vs dealer that LEO referred to only counts for some firearms that are restricted from dealer sale (circumvented by construction or personal transfer, but still requiring registration).
- If that rifle is ever discovered by law enforcement, they will check the history via EFA-10, find there is none for him, and charge him with felony possession of an unregistered firearm. Challenging the sentence will likely cost $10k minimum.
- Best bet is to just register it with today’s date as the date of transfer since no one knows any different. He'll need to meet up with the person who gifted so he can use his license number and state firearms PIN for the EFA-10.
- Provided him links to state portal and MGL c. 140, §§128A and 128B.
- Register it as a transfer to self as if he had constructed it.
- Keep it quietly (risking felony, jail time, and losing his license to practice medicine).
- Take it to a gun buyback for a Walmart gift card to spend on video games.