Every licensed individual can transfer OUT up to 4 guns/calendar year. Incoming (inherited) guns don't count.
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MA-Gun Laws (Fed & MA) and Inheritance
- Thread starter Len-2A Training
- Start date
Every licensed individual can transfer OUT up to 4 guns/calendar year. Incoming (inherited) guns don't count.
I'm hoping someone can give me some help with a question. I am waiting for my LTC, the other day I was talking to my mother, and I told her about it. She informed me that she has three pistols which were abandoned with her by her ex husband when they divorced about 10 years ago. I know that they have been in her safe for at least 18 years, and that they wern't new when they went in there. I would guess them to be late 80s very early 90's vintage.
Can I assume that they were blue card registered, which means that there should be no record of them? Also, what is the best way of transferring them into my possession? I have seen mention of surrendering them to the police, who could then transfer them to me via an FA-10, is there any other suggestions? Thanks
Can I assume that they were blue card registered, which means that there should be no record of them? Also, what is the best way of transferring them into my possession? I have seen mention of surrendering them to the police, who could then transfer them to me via an FA-10, is there any other suggestions? Thanks
namedpipes
NES Member
Why would the police be involved in something like that? That would be a little bit like going to car dealership to purchase lawn furniture. Was a crime committed using the guns?
For now either leave them lay (and say nothing more about it) or you can give them temporarily to a friend (having an LTC) for safekeeping.
When you get your LTC take the guns and your Mom to an FFL (call around for prices and explain the circumstances - pick someone you're comfortable with).
Pay your $20ish transfer each and have a nice weekend at the range.
If they happen not to be transferrable by a MA FFL (he'll tell you) you can either just keep them and take the chance or sell/consign them through an FFL to an out of state buyer.
Thanks for your help! I asked about the police because I wasnt sure exactly what needed to be done.
For now, I have no intention of moving them, if they have been in the safe for that long, another few months wont hurt. Thanks for the info about taking them to an FFL. I just wasnt sure what the process was for transferring guns that belonged to someone else who abandoned them. I dont think there should be a problem as far as not being MA legal, One or two of them are revolvers, and the other is a pre ban semi auto
For now, I have no intention of moving them, if they have been in the safe for that long, another few months wont hurt. Thanks for the info about taking them to an FFL. I just wasnt sure what the process was for transferring guns that belonged to someone else who abandoned them. I dont think there should be a problem as far as not being MA legal, One or two of them are revolvers, and the other is a pre ban semi auto
I have a question about transfers from out of state to ma.
My father passed away in May. My mother is the executrix (correct title?). He had both long guns and hand guns, young and old. For me to take possession (if I understand correctly from this thread) I would need to drive to her state, have the handguns transferred to me at an FFL. Pack everything (long guns, hand guns, and ammo) in locked containers in my trunk. Drive back to Ma and do a FA-10's for all firearms to "transfer" them to me?
1. If this is NOT correct and I would just need to "transfer" them to me on a FA-10 can I just do that and pick them up whenever?
2. Additionally it looks like the EFA-10 needs the decedent's FID/LTC for inheritance. If they didn't live in this state and their state didn't require them to have one (LTC) I'm guessing that I can't use the EFA-10. I would need to find paper forms. Correct?
A. Even if they did have a LTC (my father had a CCW) that number would not be recognized in MA's system so again can't use correct?
My father passed away in May. My mother is the executrix (correct title?). He had both long guns and hand guns, young and old. For me to take possession (if I understand correctly from this thread) I would need to drive to her state, have the handguns transferred to me at an FFL. Pack everything (long guns, hand guns, and ammo) in locked containers in my trunk. Drive back to Ma and do a FA-10's for all firearms to "transfer" them to me?
1. If this is NOT correct and I would just need to "transfer" them to me on a FA-10 can I just do that and pick them up whenever?
2. Additionally it looks like the EFA-10 needs the decedent's FID/LTC for inheritance. If they didn't live in this state and their state didn't require them to have one (LTC) I'm guessing that I can't use the EFA-10. I would need to find paper forms. Correct?
A. Even if they did have a LTC (my father had a CCW) that number would not be recognized in MA's system so again can't use correct?
My condolences on your loss!
Sadly you have this very WRONG!
The FIRST question is WHO did you Father designate to INHERIT the guns. If the Will was "silent" about the guns, they would automatically go to his Wife. If that is the case, SHE INHERITED the guns, not you and if she wants to get rid of some/all of them, they are merely "regular transfers" and have to follow all Federal and State laws that are applicable to a regular transfer.
Assuming SHE inherited the guns as noted above:
What you propose in the first paragraph would be a FEDERAL OFFENSE with serious jail time (for both the FFL and you).
You can take the long guns and your Mother and go to any FFL and have them transfered to you legally. [This assumes compliance with the MA AWB and large-capacity mag bans.]
Handguns would have to be SHIPPED by the out-of-state FFL to a MA FFL . . . and if they are NOT on the EOPS List and AG Regs compliant (or grandfathered wrt AG Regs ONLY), the FFL is forbidden by law to do said transfers to you or any resident of MA!
The eFA-10 system is full of erroneous (intentionally) information on how to fill them out and what info is REQUIRED by law. You are right that if you put his name down it would also have to have a VALID MA LTC # or it would not allow you to proceed. However, for REAL INHERITANCE, NO INFO on the source is required on the FA-10 form, merely done as REGISTRATION with a description of the gun and new MA owner . . . but the online instructions imply very differently and make life difficult.
True Inheritance, where deceased made it clear in writing who was to get the guns . . . bypasses MA FFLs and can be retrieved directly from the executrix. Sadly this does not sound like it is applicable here.
Sadly you have this very WRONG!
The FIRST question is WHO did you Father designate to INHERIT the guns. If the Will was "silent" about the guns, they would automatically go to his Wife. If that is the case, SHE INHERITED the guns, not you and if she wants to get rid of some/all of them, they are merely "regular transfers" and have to follow all Federal and State laws that are applicable to a regular transfer.
Assuming SHE inherited the guns as noted above:
What you propose in the first paragraph would be a FEDERAL OFFENSE with serious jail time (for both the FFL and you).
You can take the long guns and your Mother and go to any FFL and have them transfered to you legally. [This assumes compliance with the MA AWB and large-capacity mag bans.]
Handguns would have to be SHIPPED by the out-of-state FFL to a MA FFL . . . and if they are NOT on the EOPS List and AG Regs compliant (or grandfathered wrt AG Regs ONLY), the FFL is forbidden by law to do said transfers to you or any resident of MA!
The eFA-10 system is full of erroneous (intentionally) information on how to fill them out and what info is REQUIRED by law. You are right that if you put his name down it would also have to have a VALID MA LTC # or it would not allow you to proceed. However, for REAL INHERITANCE, NO INFO on the source is required on the FA-10 form, merely done as REGISTRATION with a description of the gun and new MA owner . . . but the online instructions imply very differently and make life difficult.
True Inheritance, where deceased made it clear in writing who was to get the guns . . . bypasses MA FFLs and can be retrieved directly from the executrix. Sadly this does not sound like it is applicable here.
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This is not true, Len. First, this varies from state to state, so what may be so in one state is note necessarily so in another. Second, it may depend upon whether there is a will or not. In many (most?) states in intestate succession, and often even with a will, it is up to the executor to determine who gets what, and they have tremendous discretion in so determining. They must follow the law, and that's about it. The matter of value of items may not even matter in many cases. So, "Dad wanted you to have this" may be enough.
Cero, was there a will? What state?
Regards,
M
First I believe that the will did not specifically state they went to me. So if this is the case it would follow "normal" procedures (as if I wanted to purchase a firearm in another state). Go through a FFL (For long guns ONLY) and drive them home and use "registration" on the EFA-10 form (I keep using EFA-10 because I do not have any paper forms and as I understand from the forum they're difficult to come by).
Handguns again fall under normal "purchase" rules.
My mom is redoing her will soon so I must advise her to have all firearms specifically willed to me. Not to be morbid or anything, but in the case if she should pass away before I do would I follow what I thought was correct? go pick them up, follow transportation laws, and do a "transfer" to me?
Nevada.
If willed to you, you simply do the FA-10 or eFA-10 as "Registration" . . . NO INFORMATION on source of the guns ONLY info on new owner (you) and gun description. EFA-10 allows you to bypass that first page even though the instructions say otherwise.
Just want to say that your first round is on me at the next get-together. You bring a lot to this forum and I hope you feel the appreciation!
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Intestate succession in Nevada (summary):
So, in the case of no will, it could well be determined by the executor or mutual agreement that the firearms are yours, and then, since you inherited them, all of the benefits of that situation apply.
Sorry for your loss....hang in there.
showmofffarm1
NES Member
Need a little advice here. My grandfather passed away about 11 years ago. My grandmother is now in assisted living and my two aunts are cleaning out the house as it's for sale. They came across a 1903 Winchester Model 1897 shotgun by surprise as my grandmother supposedly gave all his guns away back a while ago. Needless to say I got a phone call to come get the gun (I have a Class A LTC) because it can't be in the house. So I need to know what I can or should do to make sure all my i's are dotted and t's are crossed in order to keep the gun.
Thanks!!!!
Thanks!!!!
PM inbound
I can't follow the legalese. Sorry guys.
Dad is dying in Maine and would like to give me his shotgun. I'm in MA. He has an old will that deals with his land, but nothing else.
What do I need to do? Have him sign something witnessed and file eFA10 when he goes?
Dad is dying in Maine and would like to give me his shotgun. I'm in MA. He has an old will that deals with his land, but nothing else.
What do I need to do? Have him sign something witnessed and file eFA10 when he goes?
Very sorry to read this.
Simple answer is that it is best to have him document it, it could be a letter that is Notarized specifying his wishes wrt this or any gun. Or he could modify his will. Either way, if he does this, when the time comes, you just take possession of it and FA-10 it as REGISTRATION (NO info on source, only gun description and your info). If you use the eFA-10 they TRY to force you to provide a lot of (NOT legally required) info . . . don't do that. If you use the eFA-10 system, choose Registration and ignore the 1st page demanding source info (just hit "next").
Simple answer is that it is best to have him document it, it could be a letter that is Notarized specifying his wishes wrt this or any gun. Or he could modify his will. Either way, if he does this, when the time comes, you just take possession of it and FA-10 it as REGISTRATION (NO info on source, only gun description and your info). If you use the eFA-10 they TRY to force you to provide a lot of (NOT legally required) info . . . don't do that. If you use the eFA-10 system, choose Registration and ignore the 1st page demanding source info (just hit "next").
namedpipes
NES Member
Silly question. If things are imminent, why not simply transfer it right now and file the FA10. Treat it as a normal transfer, not an inheritance.
Is it anything more complex than a bill of sale and the FA-10 for an interstate long arm transfer?
Is it anything more complex than a bill of sale and the FA-10 for an interstate long arm transfer?
Since his father lives in Maine and he lives in Mass, they cannot privately sell guns between them and would have to go from a Maine FFL to a Mass FFL*. But if it is inherited then you can avoid those fees.
*I am not actually sure with a long gun that you need to go through 2 FFLs, I know with a handgun you do but I think you are allowed to purchase a long gun in another state if it is legal in both states so maybe he can just transfer to him at the Maine FFL.
namedpipes
NES Member
Googling around (which I understand is NOT a law search", long gun transfers can be done interstate without an FFL if that state are adjacent. ME and MA aren't so I guess that is out.
So 1) is an FFL03 sufficient (assuming the transferee has one) and 2) can the FFL be a ME FFL at a home visit, assuming the current owner is too ill to go to a shop? Surely there is an FFL with enough heart to make a home visit for something like that?
Very sorry to hear this. If he's in a hospital, nursing home, rehab place, etc. they all have Notaries on staff to take of these things.
In worst case, bring a non-relative to witness his signature (if this is possible) to a letter in lieu of the Notary.
Only require ONE FFL in either MA or ME, since owner is I ME and ill, this is the best location to do it. Need to talk with local FFL there, preferably one that knows his Father.
C&R would work directly if he has one AND the gun is indeed >50 yrs old by S/N.
Otherwise, it is a Federal Law violation (felony) to do any interstate transfers (other than inheritance after someone has passed) between two individuals even if states are adjacent. So far a DC case that could change this has been lost by our side (folks wanted to legally purchase in VA or MD).
Is that because it is a long gun that it only requires 1?
Yes, that should work.
Hello,
I'm new here. I'm hoping someone might know the correct answer to a question I have about the E-FA-10. I've tried searching the forums and didn't come up with anything, nor did I come up with an answer from other sources.
I was trying to fill out the E-FA-10 and I came to the part where one fills in "date of inheritance". Can anyone tell me what date that is supposed to be? For example, should it be the date of death, the day after the date of death, or the date when a will is read, or in the case of no will, after probate appoints a personal representative? If it matters, in this case, my mom died without a will--my father died years ago, and because I'm an only "child", my mother figured anything left after debts are paid would simply go to me. (Of course, it turns out that nothing is very simple without a will.) I found out I was appointed personal representative a few weeks ago.
I'm new here. I'm hoping someone might know the correct answer to a question I have about the E-FA-10. I've tried searching the forums and didn't come up with anything, nor did I come up with an answer from other sources.
I was trying to fill out the E-FA-10 and I came to the part where one fills in "date of inheritance". Can anyone tell me what date that is supposed to be? For example, should it be the date of death, the day after the date of death, or the date when a will is read, or in the case of no will, after probate appoints a personal representative? If it matters, in this case, my mom died without a will--my father died years ago, and because I'm an only "child", my mother figured anything left after debts are paid would simply go to me. (Of course, it turns out that nothing is very simple without a will.) I found out I was appointed personal representative a few weeks ago.
Very sorry for your loss.
NOTHING in MGL requires you to provide ANY of that information to the state.
Use the "Registration" feature and SKIP the screen that asks where you got the gun. Just fill out the gun info and your info and you are done.
NOTHING in MGL requires you to provide ANY of that information to the state.
Use the "Registration" feature and SKIP the screen that asks where you got the gun. Just fill out the gun info and your info and you are done.
