MA-Gun Laws (Fed & MA) and Inheritance

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.

This is what I always suspected. What purpose would it serve to prosecute somebody who is turning in unwanted guns? I've assumed the written notice clause is there so that somebody can't say, "But officer, I was just on my way to surrender it to you, honest."
 
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.

I purchased a handgun that way. It was confiscated due to an expired license. I was able to go to the police station and fill out the FA-10 right there with the prior owner and took it home.
 
So if I live in MA and have a Class A LTC and my grandmother lives in NH can she give me my deceased grandfather's guns as a gift or do I have to transfer them all through a NH FFL to a MA FFL?
 
Question for the mods: Is it possible to clean up sticky threads? This is a very useful thread with a lot of great info. However, the pages worth of bickering, put downs, and "Sorry for your loss" posts dilute the good content.
 
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.

If I purchased from an executrix months ago and sent the FA-10 in to the CHSB but did not include this info with a cover letter, would it be wise to do so now or let sleeping dogs lie?
 
If I purchased from an executrix months ago and sent the FA-10 in to the CHSB but did not include this info with a cover letter, would it be wise to do so now or let sleeping dogs lie?

IANAL

I would leave it alone. You're required to notify. You did. The required information is on the form not the cover.

The cover letter is only to reassure the clerk that opens a packet of like, 200 FA-10s and wonders: "What is this bird thinking?"
 
I'm not privy to the inner workings at CHSB/FRB, but we send the forms to the "Scanning Unit" and I'd be willing to bet (and I'm not a betting man) that NOTHING but the scanned FA-10 is stored. After scanning, I'd bet all paper is destroyed. In any case, I doubt that they would file away papers (court docs/letters/etc.) in a file with the FA-10.

Scriv and I have gone around on this, but IMNSHO there is no requirement for letters, adding more info on the form that doesn't fit in the little blocks, etc. YMMV

A prudent person may want to attach said docs to THEIR COPY of the FA-10 and store them away in a secure place just in case any query should occur years down the road, but I certainly wouldn't rely on CHSB/FRB records to assist me in case anyone ever were to ask questions.
 
If I purchased from an executrix months ago and sent the FA-10 in to the CHSB but did not include this info with a cover letter, would it be wise to do so now or let sleeping dogs lie?

Obviously NOT an inheritance.

Did the executrix have the appropriate license?
 
If the executrix was the one that inherited them and then disposed of them within a certain timeframe, why would they need a license?
 
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If the executrix inherited them, then they're her personal property for which she would have to file an FA10. If she then wanted to sell them to you, that would be no different than if John Doe offered to sell you one of his guns. Now if you're simply describing the situation incorrectly, and the executrix has possession of the guns that are still legally part of the estate, then she could distribute this to to a licensed beneficiary of the estate in her capacity as executrix without having to be licensed herself.

Ken
 
I may be explaining it poorly.
A guy in MA owns 4 or less guns.
He dies.
He has one sole beneficiary that inherits everything in a will. This person had POA, health proxy, etc.
This person then decides to immediately sell any firearms.
Can these be sold to a MA Class A holder via FA-10?
 
He needs to have the proper license for the firearms he inherits and file an FA10 for each one, regardless of whether there are 3 or 300. After that, he's free to sell any of them he likes, with up to 4 face-to-face sales being allowed each calendar year and any more requiring through a licensed dealer.

Ken
 
I may be explaining it poorly.
A guy in MA owns 4 or less guns.
He dies.
He has one sole beneficiary that inherits everything in a will. This person had POA, health proxy, etc.
This person then decides to immediately sell any firearms.
Can these be sold to a MA Class A holder via FA-10?

The question is whether the executrix sold them to you as an individual or as the executrix.

a) If she sold them as an individual (after she inherited them) then she should have filled out an FA-10 recording the transfer (from the estate) to her name. Then she could sell them to you in which case she would be seller and you would be buyer on the FA-10 covering this 2nd transaction. In both cases for her to have them transferred to her and then to you, she would need the appropriate firearm's license.

b) It is possible that she could have transferred them directly from the estate to you. If she is the sole beneficiary then she could forego this bequest and (I believe seeing there are no other beneficiaries), then transfer them as executrix (and exempt from requiring a firearm license) to you, in which case you would file the FA-10 just recording the transfer in your name.

In B) above I know an executrix can transfer the firearm directly to a beneficiary without needing a firearms license,
however, I am not sure if the executrix can transfer directly to an individual who is not a beneficiary without a firearm license or using an FFL.

Somebody correct me here.
 
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In B) above I know an executrix can transfer the firearm directly to a beneficiary without needing a firearms license,
however, I am not sure if the executrix can transfer directly to an individual who is not a beneficiary without a firearm license or using an FFL.

Somebody correct me here.


Wouldn't that fall under this part of 140?

"
(n) The transfer of a firearm, rifle or shotgun upon the death of an owner to his heir or legatee shall be subject to the provisions of this section, provided that said heir or legatee shall within one hundred and eighty (180) days of such transfer, obtain a firearm identification card or a license to carry firearms if not otherwise an exempt person who is qualified to receive such or apply to the licensing authority for such further limited period as may be necessary for the disposition of such firearm, rifle or shotgun
 
Wouldn't that fall under this part of 140?

"
(n) The transfer of a firearm, rifle or shotgun upon the death of an owner to his heir or legatee shall be subject to the provisions of this section, provided that said heir or legatee shall within one hundred and eighty (180) days of such transfer, obtain a firearm identification card or a license to carry firearms if not otherwise an exempt person who is qualified to receive such or apply to the licensing authority for such further limited period as may be necessary for the disposition of such firearm, rifle or shotgun

The part that says "heir or legatee?"
 
I guess I am looking for interpretation of the bolded part. The way I am reading it is that if the heir or legatee can not or will not apply for a license another qualified person can take possession.
 
Question for the mods: Is it possible to clean up sticky threads? This is a very useful thread with a lot of great info. However, the pages worth of bickering, put downs, and "Sorry for your loss" posts dilute the good content.

Done, although I left the condolences.

Mother
 
I have been reading this thread as well as other threads, and I have yet to see my exact situation. Some situations have been close.

My wife's father lived and died recently in MA. I don't believe he was current on his licensure for a revolver that he has for years. He has two children one of which is my wife. My wife is named in the will as executrix. The will makes no mention of the revolver and stipulates that both children will each share in 50% of his personal assets. My wife and I live out of state. I currently hold a MA LTC A (non resident) with no restrictions. Because of my fondness for firearms he told my wife many times, he would like me to have his revolver, however he never included this desire in his will thinking that as executrix my wife could do this in her capacity.

After reading numerous threads on this subject here is what I have deduced.

Despite his desire for me to get his revolver, I am not named in the will other than to be named as executor, if my wife predeceased me. So I will not be exempt.

My wife as executrix will also be the beneficiary of the revolver.

She cannot legally hand it over (through exemption) to me because I was not specifically named in the will to receive it.

She cannot take legal possession of it because she lacks a MA LTC and has no desire to get one.

I believe my only recourse would be for her and I to transport the revolver to our home state FFL and have him do a transfer. I am licensed in both states so the transportation should be legal.

Finally she will have to fill out two FA-10's, one for the transfer from the estate to her, and another from her to me.

This is what I have deduced from reading all your posts. Now for the beating from Scrivner. Please tell me what I missed and where to find it! Thank you to all who reply. Most importantly am I legal under MA and Federal Law?
 
My wife as executrix will also be the beneficiary of the revolver.

She cannot legally hand it over (through exemption) to me because I was not specifically named in the will to receive it.

She cannot take legal possession of it because she lacks a MA LTC and has no desire to get one.

I believe my only recourse would be for her and I to transport the revolver to our home state FFL and have him do a transfer. I am licensed in both states so the transportation should be legal.

Finally she will have to fill out two FA-10's, one for the transfer from the estate to her, and another from her to me.

"Him?" Your DEAD father-in-law?

Why would you think there is a need to fill out a MASSACHUSETTS form for an OUT of state transfer?
 
"Him?" Your DEAD father-in-law?

Why would you think there is a need to fill out a MASSACHUSETTS form for an OUT of state transfer?

This would be a clue that you might be wrong in your assessment of the proper actions to take. Wish I could help you out, but IANAL [smile]
 
"Him?" Your DEAD father-in-law?

Why would you think there is a need to fill out a MASSACHUSETTS form for an OUT of state transfer?

"Him" referring to the FFL not my deceased father-in-law. I thought I had read somewhere on this board that FA-10's were necessary for firearm transfers on guns coming into the state as well as those leaving the state. I do have to admit that I have been searching for about a couple of hours for that post and I cannot find it again.
 
"Him" referring to the FFL not my deceased father-in-law.

Well, that makes more sense.

I thought I had read somewhere on this board that FA-10's were necessary for firearm transfers on guns coming into the state as well as those leaving the state. I do have to admit that I have been searching for about a couple of hours for that post and I cannot find it again.

IF so, you read incorrect info.

Your wife is, according to your post, the executrix. She has not only the right, but the duty, to allocate the assets of the estate per the terms of the will.

Since it is not specifically addressed, the gun would be part of the residuary clause of the will; chattel to be apportioned among the heirs. In this case, it appears there are only two; your wife and her brother.

She could buy his half of the gun from her brother, or he could trade his share to her for something else from the estate; the gun could be sold and the proceeds divided. So long as all property is duly accounted for and all beneficiaries sign off on the assent, the estate can be probated and closed.

As executrix, she can take possession of the gun with the other property. The problem of licensing and transport may be addressed through your happy possession of an NR LTC.

Assuming the brother is on board with your getting his father's gun, AND your wife has obtained her appointment as executrix from the Probate Court, the procedure is for the gun to be transported per FOPA from MA to your home state, and to have an FFL transfer it from your wife as executrix to you.
 
While there might be something I'm missing, I don't see why your wife would require an FFL to transfer the gun to you once it's in Florida. Here's the relevant text of USC 922(a)(1):
except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, ...
Assuming she's properly appointed as executrix, and not disqualified from possession the firearm under either federal or Florida law, she can allocate the the assets so that the gun is part of her inheritance and take possession of it as her own personal property in her state of residence, Florida. From that point on, neither your MA NR-LTC nor any other part of Massachusetts law should apply to the possession or any subsequent transfer (conducted in Florida) in any way. She could keep it herself without any MA license or transfer it to you in accordance with Florida laws, again without any need for any MA license or reporting of any kind.

Ken
 
While there might be something I'm missing, I don't see why your wife would require an FFL to transfer the gun to you once it's in Florida.

Here's what's missing:

Assuming she's properly appointed as executrix, and not disqualified from possession the firearm under either federal or Florida law, she can allocate the the assets so that the gun is part of her inheritance and take possession of it as her own personal property in her state of residence, Florida.

Where was the deceased a resident? MA.

Where is the probated estate? MA.

Where is the court approving the executrix? MA.

Where are you suggesting the OP's wife is somehow able to magically transform from acting as executrix to effecting a personal transfer? NOT MA.

Where is the OP able to take lawful possession of the gun? NOT MA.

Sounds like an interstate transfer of a handgun to me.

I suggest you review that Federal regulation regarding such transfers.
 
I suggest you review that Federal regulation regarding such transfers.

No need. I had them right in front of me when I made the post. 18USC922(a)(3)(A) would seem to apply directly to this situation.

Does Massachusetts state law require that the executor of an estate obtain an LTC in order to take possession of firearms in an estate in order to transfer them to the beneficiaries of the estate? So she takes possession of it here as the executrix and ships it to the beneficiary who resides in Florida. Does the fact that she happens to be the beneficiary happens to be herself require something that wouldn't be required if the beneficiary were another Florida resident? I don't see anything in the federal law would do so.

Ken
 
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