MA-Gun Laws (Fed & MA) and Inheritance

Len,

You did indeed post the regs, at the beginning of this very thread. Don't know how I missed that. I've captured and sent these to my sister (executrix of my father's estate). Thanks.

Gotta say, this advice alone was worth supporting northeastshooters as a member.

Norm.
 
Norm,

Glad to be of help.

It always pays to read the entire thread, at least if you are coming in late in the thread. [wink]

I usually try to reference the laws/regs so that what I tell folks has more veracity than "some guy on the Internet says" type of responses.

And thanks for your support of the forum!
 
There is also a way around the 4 gun transfer per year. That is to have all the guns transferred through a licensed dealer. This way you can sell as many as you want to.
 
Jim, won't be possible for most folks that die with handguns. Very few can prove provenance (in MA 10/21/98). Also the expense of transferring 20-100 guns thru a dealer is NOT insignificant. If you sell them to a dealer you will typically get 50% of market value, so again the heirs lose out big time.
 
Jim, won't be possible for most folks that die with handguns. Very few can prove provenance (in MA 10/21/98). Also the expense of transferring 20-100 guns thru a dealer is NOT insignificant. If you sell them to a dealer you will typically get 50% of market value, so again the heirs lose out big time.


I should have been a little more clear on this. I meant to have a dealer just do the transfers to your relative or friend if need be.
 
I should have been a little more clear on this. I meant to have a dealer just do the transfers to your relative or friend if need be.

The dilemma with a Massachusetts FFL as Len pointed out still exists on the "transfers".
 
Guys, can we attempt keep this thread on topic? I think most of the posts in this one are now 180 degrees out of phase with the original topic.... let's not
pollute this sticky any longer.... [laugh]

[offtopic]


-Mike
 
...
The executor/trix of an estate can transfer guns from the estate per the terms of the will directly to the named beneficiary, who owns the guns automatically as a matter of law.
...
The beneficiaries receiving such firearm bequests must be duly licensed, of course; either at the time of the bequest or within 180 days of receiving the bequest.
...
Filing the FA-10s all together, with the transferor identified as the executor/trix of the estate, together with the name and probate court docket number of the estate, has always sufficed for me.
...

Thank you for the straightforward information.

I am presently filling in the little blue squares on the FA-10 forms, which several area PDs graciously provided. (In particular, Hopkinton and Sudbury had polite and helpful officers)

I understand the executor is the 'dealer/seller' on the form. The executor has no ffl, ltc or other licensure, so the only valid and accurate information I can provide the 'Seller Information' section is name and city/town. There is no area for comments.

So, should I submit a package of all the forms, with just the name and city there, with a cover letter explaining the 'seller' is the executor and providing the estate / docket information in the cover letter?

I have a feeling someone in the CHSB would object to putting in a docket number as an FFL #...
 
Do NOT put the probate docket number on the FA-10!

IF the deceased was a MA resident, the name of the executor/trix can be used as the "seller;" else just file as a registration (recipient info only).

Provide the name of the estate, the executor/trix and the docket number in your cover letter to the CHSB.
 
wrt the four guns per year limit.

I've inherited several firearms, more than 4, and these are all now properly filed, thanks to the excellent legal advice here at NES.

One of these, I intend to give to a relative as it has family history.

And what happens if I spot that perfect rifle, just have to have it, next week?

Is the limit in effect 4 per year as well as any inherited items?

I suppose I can just wait 5 months to be safe, but I've never been known for my patience.
 
wrt the four guns per year limit.

I've inherited several firearms, more than 4, and these are all now properly filed, thanks to the excellent legal advice here at NES.

One of these, I intend to give to a relative as it has family history.

And what happens if I spot that perfect rifle, just have to have it, next week?

Is the limit in effect 4 per year as well as any inherited items?

I suppose I can just wait 5 months to be safe, but I've never been known for my patience.

The limit of 4/yr applies only to personal sales, not purchases, whether from a licensed individual or a dealer.

Ken
 
Superfluous quotation marks aside, there is no silence about transfers. It is four per calendar year for a licensee.

Corpses are not licensees. Neither are their estates. [rolleyes] Ergo, the statute controlling such transfers is wholly irrelevant in such instances.

The executor/trix of an estate can transfer guns from the estate per the terms of the will directly to the named beneficiary, who owns the guns automatically as a matter of law. Even the BATFE recognizes this and allows interstate transfers w/o an FFL. This presupposes the will has been submitted and the executor/trix approved by the court.

The beneficiaries receiving such firearm bequests must be duly licensed, of course; either at the time of the bequest or within 180 days of receiving the bequest.

Filing the FA-10s all together, with the transferor identified as the executor/trix of the estate, together with the name and probate court docket number of the estate, has always sufficed for me. I have never even had the transfers questioned, still less challenged.

I know this is an old thread, but after searching and reading most of what's on this site on inheritance, I think this is the most fruitful thread to pull on to ge tot the crux of my issue. Please, I beg your indulgence.

I would like to determine what exactly I must do, and may do (if there are options) upon the death of my father in NYC, or upon the expiration of his NYC license before his death, but while he is (presumably) unable to renew his permit.

At issue:

a. Two handguns that are not on the MA EOPS Aproved Firearms Roster.
b. Several long arms, rifles and shotguns, all non-assault, small magazine capacity.

I have a MA LTC Class A, and a Type 3 FFL (C&R). Only one of the long arms falls into the C&R category, so I don't think that license is relevant to this.

As I understand the discussion in this thread, all of these may be accepted by me in MA if the property is bequeathed to me in a will that is registered and accepted by the court, and that no Federal Licensee is required to do so; and that I am required to file FA-10 forms for each piece when I acquire them.

Questions:

1. Is my understanding entirely correct?

2. Is a will really necessary if the property is not disputed among the next of kin?

3. Need the will enumerate the pieces (and unambiguously identify them)?

4. How may I legally transport the (a.) pistols and (b) long arms in question? Personally (automobile)? US Mail? Common carrier or contract carrier?

5. Do I really need to file FA-10s?

6. Are there time limits involved?

Thanks very much for your input and help at this difficult time. If an attorney wishes to contact me via private message or email, I am open to that.
 
Jeff, sorry about your Dad. Indeed the process is painful and confusing! Is currently going through a similar problem. My brother passed back in september. no will. There was also a police investigation that hampered us from going fourth with the process of his estate. OK what happened, Mother was deemed by state law as his beni. She then went through the court process to be executor. Now even our lawyer could not tell us in plain english what the process is. We where told by the police that the guns must be transferred in seven days no matter what. I then talked to a FFL who said guns cant be transferred until estate is settled? to this date we still do not have the estate.executor stuff finished out!!!!! So from what I have read through, executor will sign off these guns with some sort of legal paper work. What is this form called? I then would send copy of said form along with FA10 forms, correct? Now do I send one form per gun per envelope? or can I bulk mail them? I called CHB they said contacting a lawyer is the way to go!!!!! I contacted goal, did not get a clear answer there either. As far as all the laws posted???? Interpretation you bet, you need interpretation to even remotely understand what is being said.
 
Why would I need an attorney? CHSB should know what forms are required to register the firearms, shouldnt they. We have a lawyer doing the estate. So now what I need a firearms lawer to register 8 guns?
 
Why would I need an attorney? CHSB should know what forms are required to register the firearms, shouldnt they. We have a lawyer doing the estate. So now what I need a firearms lawer to register 8 guns?

Yes they should, but this is Mass., and you're the one who could get in trouble if you (un)knowingly break the law.
 
I agree, after searching all the threads in this forum, this is the most appropriate for inheritence.
 
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I agree, after searching all the threads in this forum, this is the most appropriate for inheritence. I must admit, I am still confused! Talking to 4 different FFL's did not relieve my confusion!

The chb told me the executrix could only transfer 4 guns per year via an FA-10, but earlier in this thread they said that the exectutrix could transfer an unlimited number of guns. So which is it? unlimited

If there are handguns not on the approved MA list, an FFL can not resell those guns. But it is ok for the execuctrix to transfer guns not on the approved list? I *think* the prohibition is against FFLS transferring such guns. Unless you executrix is also an FFL, I think you're good.

I was told you could sell the guns not on an approved MA list at an out of state place, like kittery trading post IF you have the following: executrix present, an LTC A license holder to help her transport the guns, a death certificate, the deceased's LTC, and the executrix paperwork. Sounds too commplicate to be true, but is it?

What is this magic "180 day" period that the executrix has to move the guns? After 180 days, what happens. Can she just loan me the guns after that point in time until she gets around to deciding who to give/trasfer them to? The 180 days is for you to get license, isn't it? The executrix cannot transfer the guns until she has the legal authority to do so, which could be months or years later, depending.

This is all driving me nutz

I think most of your questions are answered in this thread - I read it through 10 times or so ...


additional disclaimer - every one of those answers could be further qualified and conditioned... You really need to research and understand, and find representation if you don't understand it.
 
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Inheritance Question Again

Hi All,

Now I have tried to make my way thru all the threads, and still slightly miffed about the whole process. My ather passed away the day after Thanksgiving of 08'. Him and I were not close, lots of bad blood. He has several firearms, some which may be considered banned but he owned prior to the Gastapo laws took affect in MA. His current wife, who seems very nice, and has asked if their is anything of my fathers that I would like, does not have any FID or LTC, but is the exec of the estate. I do not think my fathers LTC is expired. Can she transfer ownership of said firearms to me without and FFL transfer or the FTF 4 per year rule? I am not exactly sure how many firearms are pre-ban, but knowing my father, I am sure most will fall into that category. Any help would be great. Also, he lives in state so out of state is not a problem. Thanks
 
I have read this thread over and over and like most things, each situation is a bit different. So here is one I know of.

My cousin's father died several years ago, he had 2 guns. A single shot 22, a double barrel shotgun from the old country( Italy) that belonged to his father's father. So after passing, his wife gave the guns to my cousin who put them in his closet, he has no ammo, but I know already that a few "rules" have been broken and are still being broken.

He has no FID and does not want to get one.

He wants to get rid of them (no boating accident) What would be the best way to proceed? What if I wanted the shotgun?

This is all within the borders of our wonderful commonwealth.

Thanks.
 
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I can't just fill out a FA-10 and mail it in?

When the person has no license an FFL is generally the only option, otherwise the transfer is likely not lawful.

Now, if this guy was the executor of the estate, and had disposed of the guns
within the required interval, you probably could have done it on FA-10s, but
it's way too late for that now.

-Mike
 
When the person has no license an FFL is generally the only option, otherwise the transfer is likely not lawful.

Right. Without a license or exempting condition, he can only legally transfer them to a MA dealer or FFL dealer (one in the same, for all practical purposes), or to a historical society, museum, or institutional collection.
 
Right. Without a license or exempting condition, he can only legally transfer them to a MA dealer or FFL dealer (one in the same, for all practical purposes), or to a historical society, museum, or institutional collection.

You forgot the popo.
 
You forgot the popo.

Yes, true, true. Though technically if you're surrendering your guns which you have no license for to your licensing authority or the state police, you need to give them written notice beforehand. If you had a license at one point and it has been revoked or suspended, or your application for a license has been denied, you can surrender your guns to your licensing authority and then transfer them privately on FA-10's from there. At least the above is what the law says. I don't know how strictly the laws are adhered to in surrender to police situations.
 
Yes, true, true. Though technically if you're surrendering your guns which you have no license for to your licensing authority or the state police, you need to give them written notice beforehand. If you had a license at one point and it has been revoked or suspended, or your application for a license has been denied, you can surrender your guns to your licensing authority and then transfer them privately on FA-10's from there. At least the above is what the law says. I don't know how strictly the laws are adhered to in surrender to police situations.

They're not. People walk in all the time unannounced. And we regularly get calls to pick them up at residences. To my knowledge, we have never prosecuted anyone who turned in a firearm unannounced.
And we do transfer firearms to licensed FID/LTC holders and FFLs that have been surrendered due to suspension or revocation.
 
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