Inheriting an illegally possessed firearm

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Insodus

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I understand inheriting guns has been discussed ad-nauseum, but I've been reading for about an hour or so and I haven't seen any discussion of this particular problem.

My grandfather is a WW2 vet with several antique firearms that he is giving to me. He never fires them and he doesn't have any ammo in the house, so he pretty much assumed no one was going to bother him about it. They probably haven't moved from the case in 60 years. (I'm quite sure he does not have an LTC or FID)

Two of them have serial numbers and markings on them that seem to indicate they were manufactured around 1912. One has no markings of any kind (an appraiser once said it was somewhere between 1890 and 1900).

I'm wondering how I can legally register and take possession of these firearms. I have my LTC A ALP. I'd also like to do it without getting my grandfather in any trouble.

Any help would be appreciated.


Two further clarifications: My grandfather is still alive. And all 3 of the guns are shotguns.
 
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If he does not have a current FID, you can do 2 things or maybe more but

A) you can have him leave them to you in the will, and hope he doesn't get busted and the guns confiscated,

OR

B) Pack Gramps and the guns up and take everyone and everything to a FFL for transfer.

- - - Updated - - -

PS you are not required to "register" guns, well you are required to report transactions.
 
Don't quote me on this but I believe you go to your grandfathers house, pick him up with the firearms (they are now under your control for transporting and don't let him touch them or the cases they are in, bring them to an FFL and have them transferred to you.

If he is not licensed it has to go through an FFL to be a legal transaction.

I still need someone to verify what I believe is the correct process.
 
GMTA I do believe we are correct in our interpretation of the requirements that a FFL has to be involved
 
do a search for the thread about how every shooter should get a C&R license.....
if they're over 50 years old and/or on the list, you can buy them from an unlicensed person, put his name and driver's license number in your bound book,
and e-file an FA10 with the state and for the purpose use "registration"

Len or someone will be along shortly to quote line and paragraph...

ETA: clicky clicky for C&R goodness
 
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In MA, there is only two ways you can do a transaction, If you both have a firearms licence you can do an FA-10. If one of you does not have a firearms licence then you have to go threw a FFL. C&R does not work that way with MA. firearms transaction.
 
If a gun is made 1899 or earlier it is "NOT A GUN" under MGL and no transfer, no FA-10, no license is needed.

It is no problem to take the guns and Grandpa to an FFL and do the transfers on those that are not antiques under MGL (1899 is the magic year IIRC). That's the best and easiest way to deal with it.
 
lord1234 said:
This is wrong. A c and r will allow you, as an ffl, to purcbase a curio and relic firearm from an unlicensed individual.

Sent from my SPH-D700 using Tapatalk 2
Click to expand...

From someone out of State but not in the state of MA.
 
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Years back I was given three firearms from someone in MA who's was no longer licensed due to the lifetime FID, not being lifetime. He was not able to go to travel to the dealer. Dealer had him write a letter stating he was the owner of the firearms, what they were and that he was giving them to me. They also wanted a copy of his DL. This was in MA
 
PATRON is correct.

Transfers to an 03FFL are not exempt from MGL 140-128A, which generally requires that the transferor be appropriately licensed.

The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed as provided in section one hundred and twenty-two, sells or transfers a firearm, rifle or shotgun to a person licensed under said section one hundred and twenty-two, or to a federally licensed firearms dealer or to a federal, state or local historical society, museum or institutional collection open to the public. The provisions of section one hundred and twenty-eight shall not apply to any resident of the commonwealth who, without being licensed as provided in section one hundred and twenty-two, sells or transfers to other than a federally licensed firearms dealer or organization named above not more than four firearms, including rifles and shotguns in any one calendar year; provided, however, that the seller has a firearm identification card or a license to carry firearms, is an exempt person under the conditions of clauses (n), (o), (r) and (s) of the fourth paragraph of section one hundred and twenty-nine C, or is permitted to transfer ownership under the conditions of section one hundred and twenty-nine D...
Click to expand...

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128A

To the OP - Len nailed it in post #7.
 
The statute exempts transfers to a "federally licensed firearms dealer"

An 03FFL is a collector, not a dealer.
 
Thanks for the cite I could not find it. The word dealer makes all the difference there. It's a screwed up world when Fed law looks like common sense compared to mass lol
 
So I called the only firearms dealer near his house and they don't know of any such law and they won't do the transfer. Can I do the FA-10 with no seller filled in? If I do will it get rejected or will it just not technically be "legal"?
 
I guess the dealer you went to does not have a clue,I would find another dealer. From your post it looks like your going to do what you want, whether it is legal or not.
 
Insodus, there are enough members here that are FFL's that you should be able to find someone that knows what they are doing.

Why don't you give us a hint of where you are and we will point you to a FFl that knows what they are doing.
 
I am being told two different things...

According to GOAL, all C&R guns need to go the FA10 route. According to several FFL's in the area, out of state C&R guns shipped in do not need to be put on FA10's- in state does.

Can ANYONE tell me how to get a definitive answer on this???????
 
DONALDG-HOG said:
I am being told two different things...

According to GOAL, all C&R guns need to go the FA10 route. According to several FFL's in the area, out of state C&R guns shipped in do not need to be put on FA10's- in state does.

Can ANYONE tell me how to get a definitive answer on this???????
Click to expand...

Massachusetts requires that all gun transfers be recorded with an FA10. In state, out of state, whatever. You still need to record the firearm coming into your possession.
 
Now IF it has been more than 7 days, should they be filled out the regular way or would this be identified as illegal and get a person in trouble??

Three gun dealers gave me wrong info....one is a cop. MGL is like reading hyroglyphics.
 
Can you just check the "register" box and leave off any seller? I think this is what you would do if they just fell into your lap from the sky, or you carried them in from another state. Are you really sure your relative is in state? If the guns were never recorded on an fa10 before, they might have just been brought in from outside ma and just need registering.

I am not a lawyer and this could be very bad advice.

Sent from my PC36100 using Tapatalk 2
 
Glockaholic said:
Insodus, there are enough members here that are FFL's that you should be able to find someone that knows what they are doing.

Why don't you give us a hint of where you are and we will point you to a FFl that knows what they are doing.
Click to expand...

Near Greenfield.
 
Couldn't you take them out of state and buy them with a C&R? I was trying to get an answer on that when I bought a Mosin from someone who was out of FA10s. We ended up just doing it at a dealer.
 

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