namedpipes
NES Member
IANAL, but I'm going to be the odd man out, and disagree with Len and namedpipes.
Upon the death of an owner, a direct transfer from an unlicensed executor/trix is only permissable to an heir or legatee.
MGL 140-129C(n) states...
If that heir or legatee is unlicensed, they must obtain a license within 180 days, or dispose of the firearm(s). If the executor/trix is also an heir or legatee, they cannot transfer any firearms to a third party unless/until they are properly licensed.
Scrivener's posts in this thread lead me to believe that my understanding is correct...
That said, I'm sure many people have merely filed a "registration", and doubt that CHSB even noticed or cared, or would prosecute, but I still believe that a direct transfer from an unlicensed executor, executrix, heir or legatee to a third party is illegal. YMMV.
I just whiled away a while paraphrasing that section into plain English. Actually, there are a couple of interesting things that might even be true.
The first part of the section 129C tells us that we can't possess a gun or transfer a gun unless we are licensed, and that we have to notify CHSB (the FA-10) if we do transfer one. Then it lists a bunch of reasons you wouldn't have to comply.
The way I read this, the list of exemptions applys to all the provisions of the section, the most interesting of which (to me) is the FA-10.
Now, the inheritance clause says the section DOES apply, but gives you some time to get straight with the law.
Most of the others though, give situations where you need not comply with the provisions (thinking of the FA10 here).
J. Basically says if you are a brand new resident you don't have to file FA-10 forms and this has been been pretty widely accepted here to mean if you move to MA don't bother filing the forms. (Do get your license in order, though).
But it goes on to say, MA residents that have been away for more than six months. Now, it is probably a small number of people that would benefit, other than possibly those away in the military, or perhaps college students, etc., but it seems to me if you go away for a while without giving up MA residency, you can go back home with all the long arms you purchased while out of state, without "registering" them when you do go home. (Or if you have a C&R, even C&R qualified handguns).
Could this possibly be true?
"any resident of the commonwealth returning after having been absent from the commonwealth for not less than 180 consecutive days"
I know this is a little diversion from the question at hand, but I'd like to know if this is really so or if something, some other clause or law prevents it.
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section129C
Heavily paraphrased for clarity:
Section 129C.
Thou shalt not have a gun unless you have a license for it.
Thou shalt not provide a gun to someone that doesn't have a license.
If thou selleth a gun, report it to the high priesthood.
None of this applies to you if:
A. It's just a signalling device you have to have for your boat or some kind of nailing gun.
B. You are working for a gun store while you are handling the gun.
C. If you are giving you gun to the cops and you already notified them in writing when and where you were going to do so.
D. You are a UPS driver and the stuff is in packages you are delivering.
E. You are a customer at a gun store or shooting gallery AND the gun is chained down.
F. You are from out of state and are hunting with long arms (and have a valid hunting license).
G. You are from out of state and you are at a regular firing range with long arms.
H. You are from out of state and travelling in or through MA, with long arms that are unloaded and cased.
I. You are from out of state and have a long arm at some gun show or shooting match sponsored by a club.
J. You are a new resident or a MA resident that has been away from home more than six months or were just released from active duty.
K. You are less that 15 years old using a long arm for hunting or target, but someone with a license is with you.
L. You are using the long arm while acting in a movie, play, etc AND a license holder is supervising you.
M. You are just examining it or learning about it AND a license holder is around (or using it is otherwise legal there).
N. You DO have to obey this section if are the heir or legatee of the owner of the firearm, but you get six months to get your papers in order.
O. You work for the military, either US or State (or you're a cop) AND you are on duty.
P. You have or you are carrying black powder long arms, powder and shot. If you're from out of state, you would have to be legal at home, to do this here.
Q. There is no clause (q)
R. "You" are a veteran's organization or a tax exempt non-profit or a member of one of these, in a parade or ceremony.
S. You are a historical society, museum, etc open to the public.
T. You are holding onto the gun as collateral. (but only if you are or work for a bank)
U. You are from out of state and at least 18, buying a long arm from an FFL AND are legal to possess the long arm at home AND home's state has laws at least as strict as ours, as far as having long arms goes. The colonel or the state police has to publish an annual list of those states.
If you are buying a long arm by way of "O" or "P", you have to prove to the seller who you are.
No matter what I just said, you can't sell a long arm to anyone under 18 or a handgun to anyone under 21 unless they show you a valid FID or LTC OR they show such a license and they are one of the exempt.
Also no matter what, you can't sell a hi cap long arm or magazine to anyone not having an LTC Class A or Class B or hi cap handguns or magazines to someone without an LTC Class A.
Having an FID doesn't give you a right to carry a handgun and having an FID doesn't give you a right to possess a hi cap long arm or magazine.
If you are away from home (or even at home and they have a search warrant) if a cop asks you your license you better have it handy, or else.