I know someone who needs help with filing an fa-10...

[massnee]

Details are sketchy...I will try to get clearer info later.

I know an individual who purchased several firearms from a man about 6 years ago. The problem is that he did not fill out the fa-10 for 3 rifles (2 .22 long guns and a pump shotgun)...the other firearms were properly transacted.

The man he bought them from sold him the rifles because he lost his license due to becoming a prohibited person.

What does the man who currently possesses the 3 rifles do now?

He does still have contact with the man he purchased them from.

 

[Finalygotabeltfed]

Have him fill out the forms and date them current. I've filled them out late and mailed them before, never heard a word about it.

 

[massnee]

Would that jack up the guy he bought them from? ...him being now a prohibited person.

 

[vellnueve]

Have him fill out the forms and date them current. I've filled them out late and mailed them before, never heard a word about it.

That's illegal.

 

[Finalygotabeltfed]

That's illegal.

Nobody has knocked on my door yet.

If the state offers no recourse, then f*** them, I wouldn't fill out anything at all.

 

[Another_David]

Isn't it the seller's responsibility to complete the form? If so, this buyer may not want to complete the forms on the sellers behalf. Does the buyer have a duty to make sure FA-10s are completed? Not sure.

If by "several" guns you mean more than four then maybe they exceeded the four private transfers per year limit in Mass. and wrongly chose to skip some forms instead of using a FFL, which would have been the proper thing to do. But, that's just speculation on my part.

If you don't get an answer here, give GOAL a call and ask them what they think. While you have them on the phone, get a membership if you don't already have one

 

[vellnueve]

Yes, you have a responsibility to make sure your FA-10 record of the transfer is sent. It's just recommended that the seller be the one that sends it in, because duplicates are pointless.

 

[kevin9]

Isn't it the seller's responsibility to complete the form? If so, this buyer may not want to complete the forms on the sellers behalf. Does the buyer have a duty to make sure FA-10s are completed? Not sure.

This was a YAGD* awhile back here. The law appears unclear, one area implying it was the seller's responsibility, and another the buyers. As I recall the conclusion was that both had responsibility. Of course in worse case practice that means neither does

As to the original question, I don't know. As I understand it both options that involve submitting forms (back-date or current date) are illegal, as is the third option of not reporting at all. Maybe have your friend research the penalties for all three and pick the one with the least punishment.

I think I would submit forms with current dates as I think that least likely to be caught. My sense is that the forms are entered into a big database but nothing is really done with what is in the database. A backdate is most likely to be caught on data entry versus cross checking for prohibited persons. YMMV

*Yet Another Great Debate

 

[pdm]

"I bought them out of state this weekend and need to register them now."

 

[massnee]

"I bought them out of state this weekend and need to register them now."

that would only be a problem if they are handguns...

 

[massnee]

I will call GOAL about this question on Monday...my guess is the guns need to be disposed of (legally, of course).

 

[pdm]

that would only be a problem if they are handguns...

Well no, if you buy a shotgun or rifle out of state and bring it back into MA, you need to file an FA-10 as a registration. The only exception is if you move into MA while possessing them, IIRC.

 

[drgrant]

Well no, if you buy a shotgun or rifle out of state and bring it back into MA, you need to file an FA-10 as a registration. The only exception is if you move into MA while possessing them, IIRC.

Well, there are other circumstances where one would use a
"registration" box for handguns. EG, say you have vacation
property somewhere, and you had bought a handgun while you
lived there. If you change residency (to MA) but don't "move in"
with it, but instead bring the handgun in later, you're supposed to
"register" that handgun if you decide to bring it in later.

-Mike

 

[pdm]

Well, there are other circumstances where one would use a
"registration" box for handguns. EG, say you have vacation
property somewhere, and you had bought a handgun while you
lived there. If you change residency (to MA) but don't "move in"
with it, but instead bring the handgun in later, you're supposed to
"register" that handgun if you decide to bring it in later.

-Mike

I'm not brave enough to try that.

 

[FPrice]

It may be time to lawyer up!

 

[massnee]

What I meant to say was that I can purchase a rifle out of state (in NH) and then "register" it by filing an fa-10 when i get back home.