Letter to keep in your safe - No bonded storage

[Cmaro21]

So I have searched this topic on here an the interwebs and I have found some info but none regarding a proactive letter that you fill out and keep in your safe. This is a hypothetical after a friend of mine mentioned this to me. He said that you can write a letter with some sort of instruction that if your ever got your LTC revoked or a 209a and they came to collect. The letter would specifically spell out to the LE's not to bring your guns to bonded storage. It would have instructions to contact a specific (prearranged) ffl who will take possession of your firearms and ammo.

Can you do this or does the letter need to be delivered to the local police after they collect?
Does anyone have a sample letter or template?
Second part of the questions, if your guns are out of state with a relative or friend, does mass have any legal recourse to go and collect them at said location or can you avoid the whole transfer?

Just to clarify, I am not in any way shape or form in worry of having anything happen to me or my license. My buddy brought this up in conversation and I thought it was a good proactive idea if it were possible.

I have read through the following items and got some info but none about the letter in the safe.
http://www.goal.org/masslawpages/confiscationfacts.html
http://www.northeastshooters.com/vbulletin/threads/225981-So-The-Police-just-took-your-guns

Thanks!

 

[RichLec]

Sub'd this thread! Want to know more!

 

[Almostelmo]

So what happens when the cops coming to take your stuff crumple up that letter and say they never saw it?

 

[DemonChronicles]

So what happens when the cops coming to take your stuff crumple up that letter and say they never saw it?

If it works and you're wise enough to do it, one would think you'd be smart enough to keep the original someplace other than the safe.

 

[jron]

So what happens when the cops coming to take your stuff crumple up that letter and say they never saw it?

The government is trustworthy.

 

[TonyDedo]

Nothing I'm aware of would lead me to believe the letter was enforcable. But only an attorney could tell you for sure. If I were going to write such a letter, I'd have an attorney draft it for me.

 

[terraformer]

I have one I wrote and it's on my safes. It's something we have toyed around with the idea of releasing it as a template but we need a lawyer to sign off on it and we need to figure out where the line is for Comm2a before we are found to be practicing without a license. If folks are interested, I can drive it to the top of the pile and see if we can release it.

 

[71montess]

I have one I wrote and it's on my safes. It's something we have toyed around with the idea of releasing it as a template but we need a lawyer to sign off on it and we need to figure out where the line is for Comm2a before we are found to be practicing without a license. If folks are interested, I can drive it to the top of the pile and see if we can release it.

+1 please, thx.

 

[headednorth]

I have one I wrote and it's on my safes. It's something we have toyed around with the idea of releasing it as a template but we need a lawyer to sign off on it and we need to figure out where the line is for Comm2a before we are found to be practicing without a license. If folks are interested, I can drive it to the top of the pile and see if we can release it.

I'd be interested

 

[seanc]

Wouldn't the acting PDs procedures take precedence here? I would assume that unless arrangements were made with the local PD prior to any actions their s o p will take over.
I would not think that a letter from Epstien's mom's attorney is likely to over ride procedure.

 

[dgrafton]

I am hoping to never need this, but after dealing with two separate 209a incidents I think it is a good idea.


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[Come and take]

So what happens when the cops coming to take your stuff crumple up that letter and say they never saw it?

That would never happen.

 

[stinger35]

Would it be strange to go to your local suitability/licensing authority and tell them "In the event that I break the law in your eyes and you need to come for my guns, this is what I want you to do."?

 

[Gator9329]

interested

 

[76Too]

I have one I wrote and it's on my safes. It's something we have toyed around with the idea of releasing it as a template but we need a lawyer to sign off on it and we need to figure out where the line is for Comm2a before we are found to be practicing without a license. If folks are interested, I can drive it to the top of the pile and see if we can release it.

absolutely. Please! I made the mistake of keeping my guns on my fathers property, and now he's pissed off at me. If I go to collect them when I move, can he file a restraining order on me?

 

[Rob Boudrie]

It would be risky placing the demand on the PD to "contact XYZ FFL". Better to notify they the FFL will be in contact with them. Also best to have a notarized copy you can give the FFL when you make arrangements with the MA licensed dealer for pickup.

 

[HuntMaine]

Anyone with a legal insight know if this is able to be done? Id definitely do it in my safes and adhere a cope of the letter to thw inside of the door and walls of the safe

Sent from the blind

 

[Serapis]

I like the idea


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[K7500]

I'm not willing to hand over MY stuff. Period

 

[Rob Boudrie]

There is a very real risk that the PD will respond to such a letter by (a) stonewalling you, and (b) calling Dowd and saying "please hurry".

More important than the letter to the PD, is having an MA dealer on call who will has already agreed to take your stuff in (and have a notarized copy of that FFL ready to for the dealer), and have him/her with you, and the letter, at the PD the next morning at the latest. You do not want to be phoning dealers and asking from a position of weakness.

This is one reason why it really helps to cultivate a good working relationship with a very local dealer. In my case, the dealer I have spoken to would walk, rather than drive, to the PD to pick up any guns.

I'm not willing to hand over MY stuff. Period

If you get 209A, ANY level of force necessary to make you comply will be brought to bear. How much is up to you. And then there is the pesky bit about being a federally prohibited person for life for resisting.

 

[GM-GUY]

I'm not willing to hand over MY stuff. Period

This

 

[Rick1987]

Why would having a letter in your safe make the PO do extra work?

I think most Police departments have certain Bonded warehouses they do buisness with.

The police collect the stuff, the Bonded warehouse picks the stuff up.


Why would the police go out of there way to bring your stuff to a gun shop?

 

[Cmaro21]

I have one I wrote and it's on my safes. It's something we have toyed around with the idea of releasing it as a template but we need a lawyer to sign off on it and we need to figure out where the line is for Comm2a before we are found to be practicing without a license. If folks are interested, I can drive it to the top of the pile and see if we can release it.

Yes, very interested, thank you!

Wouldn't the acting PDs procedures take precedence here? I would assume that unless arrangements were made with the local PD prior to any actions their s o p will take over.
I would not think that a letter from Epstien's mom's attorney is likely to over ride procedure.

Why would having a letter in your safe make the PO do extra work?

I think most Police departments have certain Bonded warehouses they do buisness with.

The police collect the stuff, the Bonded warehouse picks the stuff up.


Why would the police go out of there way to bring your stuff to a gun shop?

Per the law, they have to comply with your wishes on the firearms location. I was just hoping this could be arranged ahead of time and explained in the letter rather than deliver the letter after the fact. MGL Chapter 140, section 129d

http://www.mass.gov/legis/laws/mgl/140-129d.htm

Such person, or his legal representative, shall have the right, at any time up to one year after said delivery or surrender, to transfer such firearms, rifles, shotguns and machine guns and ammunition to any licensed dealer or any other person legally permitted to purchase or take possession of such firearms, rifles, shotguns and machine guns and ammunition and upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within ten days deliver such firearms, rifles, shotguns and machine guns and ammunition to the transferee or purchaser and due care shall be observed by the licensing authority in the receipt and holding of any such firearm, rifle, shotgun or machine gun and ammunition.

-tapytalk

 

[xtry51]

There is a very real risk that the PD will respond to such a letter by (a) stonewalling you, and (b) calling Dowd and saying "please hurry".

More important than the letter to the PD, is having an MA dealer on call who will has already agreed to take your stuff in (and have a notarized copy of that FFL ready to for the dealer), and have him/her with you, and the letter, at the PD the next morning at the latest. You do not want to be phoning dealers and asking from a position of weakness.

This is one reason why it really helps to cultivate a good working relationship with a very local dealer. In my case, the dealer I have spoken to would walk, rather than drive, to the PD to pick up any guns.


If you get 209A, ANY level of force necessary to make you comply will be brought to bear. How much is up to you. And then there is the pesky bit about being a federally prohibited person for life for resisting.

I think that part is pretty moot if you don't plan on handing over the guns, just the bullets one at a time.

 

[Midnight412]

I like this idea.

Probably covered in another topic , but what about making sure minor children can get my guns when they come of age, should the wife and I pass before they get to 21? Is that what a trust is for?


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[Len-2A Training]

Wouldn't the acting PDs procedures take precedence here? I would assume that unless arrangements were made with the local PD prior to any actions their s o p will take over.
I would not think that a letter from Epstien's mom's attorney is likely to over ride procedure.

Yes.

Would it be strange to go to your local suitability/licensing authority and tell them "In the event that I break the law in your eyes and you need to come for my guns, this is what I want you to do."?

They'd throw you out of the PD after they picked themselves up off the floor from laughing so hard.

It would be risky placing the demand on the PD to "contact XYZ FFL". Better to notify they the FFL will be in contact with them. Also best to have a notarized copy you can give the FFL when you make arrangements with the MA licensed dealer for pickup.

Agreed.

Per the law, they have to comply with your wishes on the firearms location. I was just hoping this could be arranged ahead of time and explained in the letter rather than deliver the letter after the fact. MGL Chapter 140, section 129d

I can tell that you've never worked for a PD!!!

You have no idea how nasty and spiteful a PD can get when they want to screw someone over. They don't care about the law either as nobody is going to force them to do what they don't want to do. Sadly I speak from reality here. It's not nice and we don't like it, but that is how it really goes.

 

[Precision Point Firearms]

I have quite a fee people who have letters on file with me should anything happen to them. I even have it set up so my ass is covered in a similar fashion too.

 

[seanc]

A practical question related to all of this. As it IS a safe.. I would presume that many of us use this to store things other than guns. I know that I do. Along with guns are important papers and other stuff..

Are we expecting that the PD is going to go trough all of these papers? And if they are on site to collect firearms, with a warrant, would paper work be over stepping there mandate here?

 

[Cmaro21]

I can tell that you've never worked for a PD!!!

You have no idea how nasty and spiteful a PD can get when they want to screw someone over. They don't care about the law either as nobody is going to force them to do what they don't want to do. Sadly I speak from reality here. It's not nice and we don't like it, but that is how it really goes.

Correct, I never worked for the PD. I did think about volunteering for a few hours a week to help process firearms paperwork because the backup was ridiculous, but it didn't happen. Them not caring about or following the law, in specificity MGL 140, 129D, isn't that what your Lawyers, Sheriffs and Constables are for? Couldn't you get a Constable / Deputy and your Lawyer to deliver the letter to the Police, if you have issues with them disregarding your previous stated wishes for the firearms?

On a second note, from my op, what if the firearms were over state lines, say in NH with a friend / cousin when they came to collect? Since 209a is a state issue, not federal, do they have any jurisdiction to have you give up the location, out of state, and do they have any legal recourse to go and collect the weapons? I know this will most likely deem you "Unsuitable for life" by making it hard upon them.

A practical question related to all of this. As it IS a safe.. I would presume that many of us use this to store things other than guns. I know that I do. Along with guns are important papers and other stuff..

Are we expecting that the PD is going to go trough all of these papers? And if they are on site to collect firearms, with a warrant, would paper work be over stepping there mandate here?

Great question. I don't see how they could deem rummaging through your paperwork relative to finding a firearm. I would like to hear if this is legal or possible. Might be an ok idea to put a game camera on video in your safe if you know they are coming a knocking...

Thanks,
Cmaro

 

[Rockrivr1]

On a second note, from my op, what if the firearms were over state lines, say in NH with a friend / cousin when they came to collect? Since 209a is a state issue, not federal, do they have any jurisdiction to have you give up the location, out of state, and do they have any legal recourse to go and collect the weapons? I know this will most likely deem you "Unsuitable for life" by making it hard upon them.

This is a very good question and one that I've thought about as well. I have a location for my firearms up in NH if I ever have a feeling something in MA is happening. Granted it's the things that you get blindsided with that you can't predict, but if you had your collection up in NH I doubt there's much MA could do about it except make your life hell if you don't comply.