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How to legally sell a shotgun I found?

vellnueve said:
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.
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Then I guess the question is CAN the bank own it? Can a firearm be owned by a non-person entity that does not have an FFL? I'm guessing that they can't.
 
Hey Guys:

Thanks for all of the input. I'll just say that the whole thing seemed to be turing into more trouble than it's worth so I called local law enforcement this afternoon, explained the situation, and had them come pick it up. The officer was a nice guy but he also had the same problem alot of you on this thread have had; He had no clue if and/or how I could sell it. The best advice he had was for me to call the Chief and see if he had any ideas. I'll call him on Monday but I'm not holding my breath. Thanks again for the consideration.
 
Chocolate Bob said:
Hey Guys:

Thanks for all of the input. I'll just say that the whole thing seemed to be turing into more trouble than it's worth so I called local law enforcement this afternoon, explained the situation, and had them come pick it up. The officer was a nice guy but he also had the same problem alot of you on this thread have had; He had no clue if and/or how I could sell it. The best advice he had was for me to call the Chief and see if he had any ideas. I'll call him on Monday but I'm not holding my breath. Thanks again for the consideration.
Click to expand...

The problem is the law in this state wrt firearms is effectively (pay close attention to the effectively there scrivener...) telling us what we can do, whereas most well written law is clear in telling people what they can't do. So when you get a scenario like this, it log jams quickly because the scenario was not pre supposed. You did the right thing and ultimately it will be up to the discretion of the chief if he releases it back to you. Hopefully he will not punish you for your good behavior and turn it back over to you. I won't be holding my breath as this state likes to screw those who do the right thing. Keep us informed.
 
In theory, if no one claims the shotgun, it should be returned to you...

M.G.L. c.134 s.1 - Report of lost money or goods by finder

Section 1. Any person who finds lost money or goods of the value of three dollars or more, the owner of which is unknown, shall within two days report the finding thereof to the officer in charge at a police station in the town where said property was found, or, if there is no police station, post notice thereof in two public places therein, or, instead of such report or posting, cause notice thereof to be advertised in a newspaper published therein.
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M.G.L. c.134 s.4 - Rights of finder if no owner appears

Section 4. If the owner of lost money or goods does not appear within one year after the finding thereof, they shall enure to the finder, provided he has complied with section one.
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IANAL, YMMV, etc., etc.
 
Baldkat82 said:
Then I guess the question is CAN the bank own it? Can a firearm be owned by a non-person entity that does not have an FFL? I'm guessing that they can't.
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Corporations can own things just like people. Corporations can own NFA items, so I don't see how Title I stuff would be any different. (other than far less paperwork. )

-Mike
 
one-eyed Jack said:
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.
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Yep. I was yard-saleing in Metro West last fall, and one of my stops was a couple of early senior citizens cleaning out their parents' house. I realized that the late father probably owned guns (circumstantial evidence like a 1966 Peters ammo calendar hanging over the workbench). I gingerly asked them what they were doing with them. They said that (after checking with the PD) had one of their father's shooting buddies escort them to an LGS for consignment sale.

I was relieved that it worked out pretty well - they didn't ignorantly try and sneak them to their own house, they didn't surrender them or bring them to a gun buyback, the PD didn't call a SWAT raid, and they had someone with a license do the move for safety and legality. Big props to the police for not freaking out or ripping them off.
 
AHM said:
They said that (after checking with the PD) had one of their father's shooting buddies escort them to an LGS for consignment sale.
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My grandfather's sister in law threw out the couple that his brother had. We only found out when she was dying and we asked what she had done with them. She said they went in the incinerator in the building. As we did not find them when emptying the apartment we believed her. Crying shame.
 
AHM said:
Unfortunate.

Wonder if they were unloaded when she tossed them down the chute...
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probably as having met the man a couple times they were more keepsakes than anything for defense. Probably met him more than that, only remember the meeting from my teens. Last of my relative living in that building just passed. Was moving their stuff out last year. Incinerator was decommissioned and it is now just a trash chute and the super takes it to dumpsters.
 
sorry im kind of late here for the OP.

There is no requirement in MA to notify anyone of a personal firearm transaction.

if you are the seller then you are advised to do a FA10 or online recording of your transfer only to prove that you are not the owner if that firearm ever shows up shooting someone or robbing a bank.
but it is not a requirement.

I would have kept the gun!

G
 
Please, please! This is supposed to be a happy occasion! ... Let's not bicker and argue about who killed who...just keep the shotgun and enjoy it in a very real, and legally binding sense.
 
I would not normally agree to giving this to the police...but as I understand it a company was hired to clean out an estate and someone found a shotgun. What's it worth, a few hundred dollars?

Another scenario....some long lost relative comes out of the woodwork and remembers being with uncle Joe or Grandpa Mike and shooting the gun when he was a kid and now he wants it as a keep sake.

Whether he has any legal right it or not if it disappeared and he made a big stink to the cops, it could lead to the OP getting jammed up pretty good. Not worth it for a few bucks.
 
gordfraser said:
sorry im kind of late here for the OP.

There is no requirement in MA to notify anyone of a personal firearm transaction.

if you are the seller then you are advised to do a FA10 or online recording of your transfer only to prove that you are not the owner if that firearm ever shows up shooting someone or robbing a bank.
but it is not a requirement.

I would have kept the gun!

G
Click to expand...

Legally you have no idea what you are talking about. Failure to register personal firearms transactions within 7 days of acquisition is a criminal offense in MA. Learn to read the gun laws before spouting off illegal information for others to perhaps believe.
 
gordfraser said:
sorry im kind of late here for the OP.

There is no requirement in MA to notify anyone of a personal firearm transaction.

if you are the seller then you are advised to do a FA10 or online recording of your transfer only to prove that you are not the owner if that firearm ever shows up shooting someone or robbing a bank.
but it is not a requirement.

I would have kept the gun!

G
Click to expand...
You're only eight years late with that terrible advice.
 
Len-2A Training said:
Legally you have no idea what you are talking about. Failure to register personal firearms transactions within 7 days of acquisition is a criminal offense in MA. Learn to read the gun laws before spouting off illegal information for others to perhaps believe.
Click to expand...

So, what about in cases like this where there was not a transaction as such?

Just file out form as originator of firearm like you would if you built up a stripped lower?

But then what happens if it turns out the firearm had been stolen sometime in the past? Are you guilty of receiving stolen property?

Honestly asking as that would be my guess for what would happen when the number is run. If they do that when you FA10.
 
drgrant said:
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
Click to expand...

1972 Weepers vs. Keepers
The finders were winners!
 
bfm said:
So, what about in cases like this where there was not a transaction as such?

Just file out form as originator of firearm like you would if you built up a stripped lower?

But then what happens if it turns out the firearm had been stolen sometime in the past? Are you guilty of receiving stolen property?

Honestly asking as that would be my guess for what would happen when the number is run. If they do that when you FA10.
Click to expand...

Same thing could happen buying a used gun from a gun store/FFL, lol. There's no "stolen gun check" for dealers to go
by for the most part. Nobody "runs any numbers" when an FA-10 is performed, either, unless someone that has LE access does
that stuff manually.

-Mike
 

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