How to legally sell a shotgun I found?

[Chocolate Bob]

Hoping for some help here. I do cleanouts of forclosed properties. We are allowed to keep anything we find that is valued under $500 without reporting it to our employer. We can keep things that are worth more as well but we need to document it. Today I found a older Remington 20 Ga pump action at one of our sites. For now I left onsite and locked away.

I'm looking to Legally get some cash for the gun. Is this possible in the wonderfull Commonwealth or am I out of luck? Don't know if it matters but I do have my LTC. Thanks in advance for any input.

 

[vellnueve]

If the owner isn't present... you'd have to do it through an FFL.

 

[Kevlar]

If the owner isn't present... you'd have to do it through an FFL.

How do you effect the transfer without a seller?

 

[vellnueve]

Well, FFLs do get abandoned/confiscated property at times. One thing is for damned sure, you can't just take it.

 

[Kevlar]

Well, FFLs do get abandoned/confiscated property at times. One thing is for damned sure, you can't just take it.

I wasn't implying he should take it, I was just curious. Another thought...what if it's stolen?

 

[Realtor MA]

Why can't he sell it to an FFL?

 

[Mike-Mike]

Why can't he sell it to an FFL?

Because it's not his.

 

[Realtor MA]

Because it's not his.

Well the bank owns it and they said he could have it. It sounds like they have an official policy in place.

 

[Mike-Mike]

Well the bank owns it and they said he could have it. It sounds like they have an official policy in place.

Ok so how did the bank transfer it to him?

 

[Realtor MA]

Ok so how did the bank transfer it to him?

On form 5587r/ihavenoidea

 

[Blitz1]

The first thing I would do is not post it on a public forum. But that's just me.

 

[drgrant]

The first thing I would do is not post it on a public forum. But that's just me.

This.

-Mike

 

[bigjim]

why not just keep it

 

[vellnueve]

why not just keep it

Because that's not legal.

 

[knucklehead]

to keep everything copacetic you should just turn it in to the local police. i know that would be considered a waste but you don't want to get in to a lot of trouble.

 

[Titan]

Is there a way for a person to run a check on a serial number of a gun such as this, to determine if it has a negative history.

Can you fill out an FA-10 listing the 'seller' as unknown?

 

[GSG]

Is there a way for a person to run a check on a serial number of a gun such as this, to determine if it has a negative history.

Not for a non-LEO in Mass., but my state has a website that'll tell you if a gun has ever been reported lost or stolen here.

FDLE Stolen Gun Search

Other states probably do too. It's kind of a long shot, but stolen guns turn up on the other side of the US on a regular basis.

 

[Chocolate Bob]

Why? Have I broken the law by finding it? By inquiring about how to legally handle it? Help me out here.

 

[Twigg]

Why? Have I broken the law by finding it? By inquiring about how to legally handle it? Help me out here.

Because the AG's office is notoriously anti-gun. The firearms laws in Massachusetts are designed to be as obtuse as possible because the state wants you to break the law. (Yes, really) At this time, finding a firearm is not a crime (as it is in England.) If that shotgun had been stolen or used in a crime you'd be toast.

If you want to cover your butt, I'd say contact one of the firearms attorneys here for advice.


Some folks here are ...overly cautious, and if I still lived in Ma. I'd be cautious as well.

For now the shotgun is lawfully stored and not in your posession

 

[Climbnsink]

Many other states no biggie, in MA it might not be worth it. Got a shooting buddy/relative in a free state, keeping the gun there might be reasonable. But trying to get the 250 dollars or so of value out of it in MA isn't worth the potential hassle.

 

[drgrant]

Because that's not legal.

This is unclear, frankly... it depends on who "owns" it. If the "bank" owns it then they would have to somehow release it to him, via an FFL or whatever. On the other hand, if he found it under the floor in his
house... an FFL transfer would be mind numbing.

Unfortunately there isn't much in the way of guidance on what one can do in regards to a "found" firearm. The assertion that you always have to bring it to an FFL is absurd- if the real owner is unknown, how is that FFL going to effectuate a transfer? What are they going to do, put "John Doe" in the logbook?

-Mike

 

[whatluck]

Why not call the MA AG's office from a public line and ask?

 

[TimMcG74]

This thread makes my hair hurt. Leave it to Massachusetts to make something so simple so mind numbingly complicated. I really hate the draconian laws in this state.

 

[vellnueve]

This is unclear, frankly... it depends on who "owns" it. If the "bank" owns it then they would have to somehow release it to him, via an FFL or whatever. On the other hand, if he found it under the floor in his
house... an FFL transfer would be mind numbing.

Well, it's clearly not his, since it's either the bank owner or the original owner of the house who owns it.

 

[terraformer]

Well, it's clearly not his, since it's either the bank owner or the original owner of the house who owns it.

Well, logically the state owns it...

 

[drgrant]

Why not call the MA AG's office from a public line and ask?

Why bother wasting the change? You will NOT get an answer from them other than "talk to a lawyer we don't provide legal advice. "

-Mike

 

[Realtor MA]

Well, it's clearly not his, since it's either the bank owner or the original owner of the house who owns it.

I believe that the original owner has a chance to remove all personal property. Once the bank takes possession of the house I believe that everything in it then belongs to them. When they contract with the OPs company to remove any debris, personal items etc they have in essence thrown these items out. From the original post it sounds like the OPs company has a policy regarding items of value that might be found. Since there is policy regarding items over $500 I'm also betting there's something in the policy which addresses items of an illegal nature too. I'm sure there is a boatload of red tape but that doesn't mean the OP can't be the owner of the gun. I think the issue here is whether or not it can somehow be legally transferred to him.
I would be interested in knowing if an FFL would buy the gun with full knowledge of the way in which is was acquired.
If you had a LEO friend they might be able to run the numbers for you.

 

[Baldkat82]

Here's a similar situation. Let's say grandpa dies and fails to transfer firearms to anybody. What would be done then? The principal is the same. The "owner" is unavailable to sign paperwork.

 

[one-eyed Jack]

Here's a similar situation. Let's say grandpa dies and fails to transfer firearms to anybody. What would be done then? The principal is the same. The "owner" is unavailable to sign paperwork.

My take would be that a FFL could aquire the firearms from grandpa's "estate" with permission from the heirs and log them in and hold them for future legal disposition. Any provisions in a will would need to be taken into account. Jack.

 

[vellnueve]

My take would be that a FFL could aquire the firearms from grandpa's "estate" with permission from the heirs and log them in and hold them for future legal disposition. Any provisions in a will would need to be taken into account. Jack.

Yep, in that situation there would be a way to get the firearms to someone else via whatever process the deceased's estate is being dispensed, because the owner is dead. In this case, the firearm, under MA law, is still the property of the original owner. If the bank comes into ownership of it, this should technically be noted on an FA-10. Either way, it isn't the OPs.