Hypothetically, no FID.....

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cyrano656

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I checked around the other threads and couldn't find anything that would address an hypothetical issue...
Say, a family moved to MA some years ago, along with the father and ill wife from down south, bought a house, etc, etc...life as it were.
In the move, there was a certain firearm that was forgotten about , and said relatives never thought of it or the laws in the new state, as coming from NY no permits are needed for said firearm.
Is there any way to get said hypothetical situation corrected? FID, whatever?
Thanks
 
The person should get an FID or LTC post haste. It's that simple. Doing this
may be an involved process depending on whether or not they have existing
safety certs, etc. Even if they're within the move in window, they still need
to get a license ASAP.

-Mike
 
drgrant said:
The person should get an FID or LTC post haste. It's that simple. Doing this
may be an involved process depending on whether or not they have existing
safety certs, etc. Even if they're within the move in window, they still need
to get a license ASAP.

-Mike
Click to expand...

Right on, in the mean time give the gun to a licensed person to hold it for you.
 
Agreed. It's up to the individual to find out local laws where they are moving to and be responsible to comply. LEO's wont care that someone forgot about a firearm when moving. Not an acceptable defense in court. Get a license right away and like mike-mike said, get a licensed person to hold onto the rifle for the time being.
 
How about this one as a hypothetical. Say a mass resident had old "issued for life" FID card. Boght say a .22 or shotgun in '86. Lost interest, threw it in the attic and forgot about it.
As they were no longer interested in shooting, they pretty much ignore any published law changes, assuming that the "issued for life" actually meant issued for life and figured any new license law does not apply to him.

If the gun never leaves the person's property, are they subject to arrest for posession of a firearm w/o a license? Could the police issue a search warrant based on this info and arrest the subject?
 
They received a letter stating those "indeff FID" expired. If they didn't its because they didn't notify someone of an address change. Either way ignorance of the law is no excuse.

Also, I don't think they could issue a warrant on an expired FID unless they had knowledge that the gun was in the house and not at a friends etc.

IANAL
--Mike

seanc said:
How about this one as a hypothetical. Say a mass resident had old "issued for life" FID card. Boght say a .22 or shotgun in '86. Lost interest, threw it in the attic and forgot about it.
As they were no longer interested in shooting, they pretty much ignore any published law changes, assuming that the "issued for life" actually meant issued for life and figured any new license law does not apply to him.

If the gun never leaves the person's property, are they subject to arrest for posession of a firearm w/o a license? Could the police issue a search warrant based on this info and arrest the subject?
Click to expand...
 
seanc said:
How about this one as a hypothetical. Say a mass resident had old "issued for life" FID card. Boght say a .22 or shotgun in '86. Lost interest, threw it in the attic and forgot about it.
As they were no longer interested in shooting, they pretty much ignore any published law changes, assuming that the "issued for life" actually meant issued for life and figured any new license law does not apply to him.

If the gun never leaves the person's property, are they subject to arrest for posession of a firearm w/o a license? Could the police issue a search warrant based on this info and arrest the subject?
Click to expand...

Yes, and now that you mentioned it, the AG office is currently filing a search warrant for your attic, better move it.
 
If the gun never leaves the person's property, are they subject to arrest for posession of a firearm w/o a license?
Click to expand...
Yes, they are indeed in violation. I expect there are many thousands in this state in the same position, who haven't realized that their "good for life" FID is no longer valid.
 
seanc said:
If the gun never leaves the person's property, are they subject to arrest for posession of a firearm w/o a license? Could the police issue a search warrant based on this info and arrest the subject?
Click to expand...

No. Unlicensed possession of a rifle in your residence is a misdemeanor, punishable by a $200-$5000 fine and, obviously, confiscation of the rifle. It is not an arrestable offense. Possessing said rifle outside your home is another matter.
 
Pilgrim said:
I never did nor anyone I know in my town... and I didn't move.
Click to expand...
Wow, well maybe that was a local thing. I got one. Sorry if I posted miss information.

My FID said

Expires "Indefinitely unless suspended or revoked"

Whats funny is I know a guy who pulled out one of those bad larry's like a week ago to show me.. when I told him to through it away he said "why?"
 
I never received any official notification from the DPS either. I had my ltc and green cards by the time the FIDs were canceled...

And believe me, I am on everybody list and they know exactly what I have. So, if they feel the need to come over and check on things they are more than welcome to.. I have been scrupulously paranoid about ever doing anything even questionable..
 
Mike-Mike said:
Wow, well maybe that was a local thing. I got one. Sorry if I posted miss information.

My FID said

Expires "Indefinitely unless suspended or revoked"

Whats funny is I know a guy who pulled out one of those bad larry's like a week ago to show me.. when I told him to through it away he said "why?"
Click to expand...

Yup, it was rumored that the local PDs kept FID records and not MSP (who held them prior to CHSB) and thus officially nobody knew who had them. VERY FEW people were actually notified of the "termination of their lives".

I also would NOT tell someone to throw it away as per MGL, that provides evidence of a past license and thus the person isn't statutorily required to take a course to get a new LTC. Chiefs still may require it under suitability, however.
 
When looking over the details for getting my LTC, I looked to see what kind of "grandfather" allowance there was for those who had prevviously had an FID or LTC. I'm pretty sure it said that having a previous license/FID gave you the ability to bypass the certification unless it had been ten years since having had a license/FID. I took the class anyway in hopes of making it a little easier in my quest for an ALP. I'll know how that worked out in 4-6 weeks. Hopefully.
 
RG617 said:
I'm pretty sure it said that having a previous license/FID gave you the ability to bypass the certification unless it had been ten years since having had a license/FID.
Click to expand...

You were correct until the ten year part. There is no ten year, or any other, time limit for the grandfather clause in C 140 S 131P. I have heard of some departments making up a time limit, however.
 
Could you post a link to the law on this. Its the first time ive heard about this. What about possession of a firearm without an FID card (felony)?


jdubois said:
No. Unlicensed possession of a rifle in your residence is a misdemeanor, punishable by a $200-$5000 fine and, obviously, confiscation of the rifle. It is not an arrestable offense. Possessing said rifle outside your home is another matter.
Click to expand...
 

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