Inheriting Guns From MA

[B1511]

I have a family member (Licensed MA Resident) who recently passed away leaving a few rifles and shotguns to me. Most of these rifles and shotguns are 30+ years old with some being newer. No one has any idea where the paperwork is for any of these rifles or shotguns and is assumed to be lost over the years. I am a fully licensed NH resident with a MA out of state LTC. I am wondering what the process is to legally obtain these rifles and shotguns. I understand an FFL is needed on both ends for a normal transfer but what if the owner is no longer alive? Do I bring them to an FFL in MA and pick them up at an FFL in NH? Anyone dealt with this issue before?

 

[drgrant]

Are you specifically named in the will? If so, you -may- be able to pick them up directly... and just take them home with you via the exemption in federal law for inheritance.

Worst case, An FFL is not needed on both sides. Have the person who has legal possesion of them now (escort the person out of MA if they don't have an LTC to protect them legally...) bring them up to an FFL in NH, and have that dealer transfer them to you... done. It's that simple. You have it a lot easier than people trying to do it in the other direction.

-Mike

 

[Racenet]

Go, pick them up and transport them to the free state of NH. Once here, that's it, they are free.

 

[B1511]

Are you specifically named in the will? If so, you -may- be able to pick them up directly... and just take them home with you via the exemption in federal law for inheritance.

Worst case, An FFL is not needed on both sides. Have the person who has legal possesion of them now (escort the person out of MA if they don't have an LTC to protect them legally...) bring them up to an FFL in NH, and have that dealer transfer them to you... done. It's that simple. You have it a lot easier than people trying to do it in the other direction.

-Mike

No one is specifically named to inherit the guns in the will and basically nobody wants them but me. The firearms are still in house of the person who passed away and the person who is inheriting the house is not licensed in MA and they do not want the guns.

 

[soloman02]

No one is specifically named to inherit the guns in the will and basically nobody wants them but me. The firearms are still in house of the person who passed away and the person who is inheriting the house is not licensed in MA and they do not want the guns.

Hmmm, sounds like you may need to talk to a lawyer. Jesse Cohen (MA firearms atty) would be able to help you.

 

[edhead35]

If you are specifically named, you would just go pick them up with no paperwork necessary. Because you are not, I dont think it applies the same way

 

[Jose]

Drive there, pick them up. Done.

Once in NH, no one needs to know where they came from. Your being "fully licensed" doesn't mean crap. Your NH CCW is irrelevant to all of this.

 

[Racenet]

Drive there, pick them up. Done.

Once in NH, no one needs to know where they came from. Your being "fully licensed" doesn't mean crap. Your NH CCW is irrelevant to all of this.

hell, once in NH, no one cares where they came from.

 

[soloman02]

Drive there, pick them up. Done.

Once in NH, no one needs to know where they came from. Your being "fully licensed" doesn't mean crap. Your NH CCW is irrelevant to all of this.

While true, he would be breaking MA law while in MA. If he was caught he would be in two worlds of hurt as MA would go after him and the Feds would probably try to go after him. Better to play it safe (and a hell of a lot cheaper) and do it legally. He could have the executor of the estate release them to him. Only an attorney would know how to properly draft the documents needed to do that.

 

[Climbnsink]

Sad that we have come to this. Granted there is some risk but I say pick em up and go home. Just don't do it drunk/stupid/speeding/while carrying any doper/criminal friends/etc.

 

[smokey-seven]

I am not an attorney. This info is worth exactly what you paid for it.

As I understand MA and Federal law, the LONG GUNS (as well as handguns) need to get on an FFL holders books ASAP with written understanding that they will be transferred to your name at a point in the future. This is required because if people are inside the property and none of them is a properly LTC or FID holder, then they are, "in possession" illegally under MA law.

Nobody in MA, even if they are LTC, can transfer person to person more than 4 weapons in a calendar year. More than that requires a FFL.

No private individual not holding an FFL can legally transfer ownership of a handgun across state lines unless it is to a FFL.

A MA FFL can transfer long guns to you if you are legal to possess them in your state as well as MA. (Your non res MA LTC and your NH license covers this.)

Unless someone has the correct ticket to transfer (the quantity and type) and is legally in possession of the firearms, then it's a no go.

That's my 2 cents. Yea, it does suck but it's the damn law.

 

[CLMN]

While true, he would be breaking MA law while in MA.

Exactly how would he be breaking the law while in MA (presumably driving straight back to NH) if he has a MA LTC? I am not questioning your statement. I just want to understand what he would be charged with.

Sad that we have come to this.

Amen Brother. Sanity and common sense out the window... lawyers and cops crawling in the window.

CLMN

 

[smokey-seven]

CLMN asked

Exactly how would he be breaking the law while in MA (presumably driving straight back to NH) if he has a MA LTC? I am not questioning your statement. I just want to understand what he would be charged with.

It would, "technically" be an interstate transfer and also nobody currently getting rid of these has a LTC or FID or FFL nor full legal possession because of that. Sure he could take possession, and drive north, but the original owner still owns them until the estate is cleared and property legally transferred to another. The executor could transfer them to an FFL but since the OP told us he cannot legally possess them because he's not licensed, he certainly cannot legally give them to anyone. It's why I suggested that an FFL become involved asap.

Once they go to an FFL and in turn transfered, then it would be fine to go north with them.

The current executor is on shakey legal ground and is subject to criminal law as well as civil because he has no legal ground to get them out of the original owner's name. He is unlicensed and cannot take possession let alone transfer. Don't forget the 4 gun per year law and this executor cannot even do that! These are probably registered to a MA resident and the best way out of this mess is with an FFL involved.

I see no broken laws for the NH guy unless there is a handgun involved, other than how can he receive any firearm from a person not in full legal possession? That sounds nasty to me as well as tossing in interstate transportation. If the executor had a FID or LTC I'd say fine as long as it was not a handgun and the long guns are less than 5 in total.

 

[drgrant]

Why all the hand wringing? If he does what I suggested in post #2 that's more than enough.

BTW, there is no "getting guns out of someones name" in MA... in the CHSB database, they are marked forever. Registration is irrelevant in this case anyways. There is no procedure to liberate guns from the MA database.

-Mike

 

[CLMN]

It would, "technically" be an interstate transfer and also nobody currently getting rid of these has a LTC or FID or FFL nor full legal possession because of that. Sure he could take possession, and drive north, but the original owner still owns them until the estate is cleared and property legally transferred to another. The executor could transfer them to an FFL but since the OP told us he cannot legally possess them because he's not licensed, he certainly cannot legally give them to anyone. It's why I suggested that an FFL become involved asap.

Once they go to an FFL and in turn transferred, then it would be fine to go north with them.

The current executor is on shaky legal ground and is subject to criminal law as well as civil because he has no legal ground to get them out of the original owner's name. He is unlicensed and cannot take possession let alone transfer. Don't forget the 4 gun per year law and this executor cannot even do that! These are probably registered to a MA resident and the best way out of this mess is with an FFL involved.

I see no broken laws for the NH guy unless there is a handgun involved, other than how can he receive any firearm from a person not in full legal possession? That sounds nasty to me as well as tossing in interstate transportation. If the executor had a FID or LTC I'd say fine as long as it was not a handgun and the long guns are less than 5 in total.

Please forgive my stubborn difficulty understanding this and bear with me one last time. I'd really like to understand exactly what the NH resident with a MA LTC would be charged with. Secondarily (but far less important or likely in my view), I'd like to understand what the executor would be charged with.

And let's please take handguns out of the picture because there are no handguns involved in this case... only old rifles and shotguns.

Let's also assume that the NH resident with the MA LTC complied with all MA rifle and shotgun transportation requirements while driving within Massachusetts. Let's assume he drove straight home to NH and did not rob any convenience stores or banks along the way. In other words, he picked up his inherited long guns and drove them straight to a free state... no other complications. Indeed, let's even assume that he and the executor drove together to NH without incident where the executor handed the long guns to the NH resident and told him to "have a nice day."

Exactly what laws have been broken here?

CLMN

 

[Len-2A Training]

I am not an attorney. This info is worth exactly what you paid for it.

As I understand MA and Federal law, the LONG GUNS (as well as handguns) need to get on an FFL holders books ASAP with written understanding that they will be transferred to your name at a point in the future. This is required because if people are inside the property and none of them is a properly LTC or FID holder, then they are, "in possession" illegally under MA law.

Nobody in MA, even if they are LTC, can transfer person to person more than 4 weapons in a calendar year. More than that requires a FFL.

No private individual not holding an FFL can legally transfer ownership of a handgun across state lines unless it is to a FFL.

A MA FFL can transfer long guns to you if you are legal to possess them in your state as well as MA. (Your non res MA LTC and your NH license covers this.)

Unless someone has the correct ticket to transfer (the quantity and type) and is legally in possession of the firearms, then it's a no go.

That's my 2 cents. Yea, it does suck but it's the damn law.

I respectfully suggest that you read the MA and BATFE laws/regs on Inheritance (cites and quotes should be in a sticky in gun laws or MA gun laws sub-forum) BEFORE giving legal opinions/advice. There is so much wrong in the above info that it leads to "where do I begin" frustration.

Mike had it right in Post #2. The OP INHERITED the guns from the deceased. Both MGLs and BATFE specifically allow INTERSTATE transfer in the case of inheritance (handguns, longguns, no difference), no FFLs needed. There is no limitation of "4 guns/year" in this case, besides no FA-10s get filed due to guns going to NH, not MA. NR LTC holder can transport guns to his home in NH, no laws being broken here either. Executor (per MGLs) has 180 days to dispose of guns w/o a LTC! NR LTC holders can NOT get a gun from a MA FFL (nor ammo either), that is the law!! The executor has legal possession of the guns, at least for 180 days w/o a LTC under law.

 

[smokey-seven]

Thanks

Thanks for kicking me upside the head LenS, I read the inheritance stuff you posted in the MA law section. Great job.

The only remaining question that I see is, "Is the wife still alive?" since the guns are not stipulated in the will. If there are more than 4 and the wife does not have paper to allow a transfer, then an FFL in NH will be required.

 

[Woodstock]

Don't forget to put them in a locked container - until you reach the state line, at least. If those guns were all owned for 30+ years by your relative, I believe the pigeons and roaches in Boston destroyed all the records some time ago, and they won't show up in the MA registry. I believe there was a thread on this but I can't find it. I wouldn't sweat the paperwork unless there was someone else who also wanted them and might rat you out. Sounds like that's not the case. Just my opinion. YMMV.

 

[Knuckle Dragger]

Don't forget to put them in a locked container - until you reach the state line, at least. ...

Only if they're handguns or 'large capacity' rifles or shotguns. "Non-large capacity" rifles and shotguns need only be unloaded when transported. I'd guess most of these guns fall into this category.

 

[ericcif]

My father who lived on Cape Cod passed away two years ago and left about eight rifles and fourteen handguns that my mother wanted out. I stopped at the state police barracks and asked that same question. (only I was bring them to Maine) They gave me a number to call and when I did they told me nothing was needed to transport them one time if you have inherited them. Was told the same thing by a retired State Trooper that is friends with my mother.