MA-Gun Laws (Fed & MA) and Inheritance

Thanks Kevlar,

It's an old Colt Diamondback. If I understand the laws correctly, it is exempt from the AG regs because it is so old. Not sure about the roster though. I didn't see any Colt's on the roster,

I'm not positive you require an FFL if the executor[trix] distributes the firearm to you. There's only 150 posts in this thread. SOMEONE had to have asked about inheritance across state lines. You should microscopically read this thread. Read with assumptions or expectations (don't color what you read with your hopes/beliefs).

It's not old enough to be a C&R, so if an FFL *IS* required, start visiting gun shops with pics and an exact description, including s/n and ask if they will transfer this in for you or not. If they will, just pay the fee and get it done...

I am not a lawyer and this advice is worth only what you paid for it. [grin]
 
So the long guns are not much of an issue, as an FFL can handle the transfers, but the Colt revolver is.

What if my grandmother-in-law, who is currently the rightful owner, stipulates in her will that it is to go to me. Then, upon her death, with me as the rightful heir, can I take poession of it that way via an FA-10 (register with no seller info) or FFL?

Jim
 
So the long guns are not much of an issue, as an FFL can handle the transfers, but the Colt revolver is.

What if my grandmother-in-law, who is currently the rightful owner, stipulates in her will that it is to go to me. Then, upon her death, with me as the rightful heir, can I take poession of it that way via an FA-10 (register with no seller info) or FFL?

Jim

Correct on both counts.

No FFL involved or otherwise the handgun goes "dead in the water" due to MGLs (EOPS list).
 
Welcome to NES!

The first situation is fairly straightforward. It must be transferred by a FFL, which can occur in one of three ways:

1. You drive to RI, and you and your brother go to a RI FFL (IIRC, there's a 7 day waiting period); or
2. Your brother drives to MA (with the shotgun appropriately secured for transport), and you and he go to a MA FFL; or
3. Your brother ships it to a MA FFL (prior to which, you should ensure the MA FFL will receive a shipment from a non-FFL. It is legal to do so, but some FFLs won't as a matter of policy)

The second situation is slightly more complicated. The same three options above apply to the rifle and shotgun (though I don't believe ME has a waiting period). However, the handgun can only be transferred by a MA FFL. The problem being that if it is not MA compliant, the FFL will be unable to effect the transfer.

Thanks so much for all your help. One last question (or maybe it's two or three or four)...


Since I have a class A LTC and a RI LTC, can't I just go to my brother's house in RI, pick up the shotgun, drive back to MA, and register it via FA-10?

Same deal for the Maine long guns?

Or is it illegal because it would be a private "sale" rather than a purchase from an FFL? You can ourchase long guns out of state, right, as long as you register them when you bring them in?
 
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Since I have a class A LTC and a RI LTC, can't I just go to my brother's house in RI, pick up the shotgun, drive back to MA, and register it via FA-10? Same deal for the Maine long guns?

No, see below.

Or is it illegal because it would be a private "sale" rather than a purchase from an FFL?

It's illegal because you cannot acquire a firearm directly from a resident of a state other than your own.

Federal law dictates that acquisition of firearms in, or from, a state other than your state of residence requires a FFL.

For handguns, the FFL must be in your state of residence. For long-guns, the FFL can be located in any state.

You can ourchase long guns out of state, right, as long as you register them when you bring them in?

Yes, but as stated above, a FFL is required.
 
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You could also apply for a C&R License, which is form of FFL and then you could take possession directly if they are C&R eligible.
 
Hi,

Anyone know a private FFL dealer (not a shop) they've used or would recommend? I have a large amount of firearms I need to transfer from NJ to MA and would like to see about some kind of "bulk" or "volume" transfer pricing.

orange
 
Hi,

Anyone know a private FFL dealer (not a shop) they've used or would recommend? I have a large amount of firearms I need to transfer from NJ to MA and would like to see about some kind of "bulk" or "volume" transfer pricing.

orange

If it is inheritance, you are just wasting money! NO need for FFLs per Fed and MA laws. Read this thread carefully.

Besides if there are handguns, most will likely NOT be transferable by a MA FFL, as old guns typically are NOT on the EOPS List and MA Dealers are prohibited by law from transferring them inside MA.
 
Anyone know a private FFL dealer (not a shop) they've used or would recommend? I have a large amount of firearms I need to transfer from NJ to MA and would like to see about some kind of "bulk" or "volume" transfer pricing.

As Len said, per Federal law, interstate inheritance does not require a FFL.

Just pick them up and drive them back (properly secured of course).

Make sure none are "assault weapons" or "post-ban large capacity magazines".

A FA-10 must be submitted for each gun within 7 days of it entering the State.

Check "Registration" and complete the form, leaving the "Seller" section blank.
 
UPDATE:

I just found out that I had been incorrect wrt an executor/executrix being able to SHIP the guns to the person who was the heir to the deceased. Sorry for the mis-information.

Both Fed and State laws are as previously stated.

HOWEVER, the latest UPS and FedEx Tariffs forbid this in their "rules". Both tariffs are dated July 2012 and I have no idea how long this has been the case.

Bottom line is that individuals can only ship guns via UPS or FedEx to a FFL/mfr/gunsmith (mfrs/gunsmiths must hold FFLs anyway) . . . and they can return the guns to the individual. The rules by both shipping companies prohibit an individual shipping to an individual directly.

This forces the heir to actually meet the executor/executrix to pickup the guns personally. AND the heir can't choose to ship the guns to themselves back home either!

The above is NOT a law, merely a corporate rule.

I did not check the USPO rules, as non-dealers/mfrs can't ship handguns anyway.
 
So UPS and FedEx just changed their policies to NOT allow shipping of firearms from person to person, did i get that right?
 
This forces the heir to actually meet the executor/executrix to pickup the guns personally. AND the heir can't choose to ship the guns to themselves back home either!

UPS Tariff said:
6. UPS Freight will NOT transport firearms that are legally owned by or offered for tender by or from one individual to another individual (or to themselves at another address) under any circumstances.
This might not be brand-new, but it's relatively new. For many years it was common for hunters going to Alaska to ship their guns to themselves at their destination, in case of a possible diversion to Canada.

The FedEx tariff doesn't include that specific line, but is otherwise almost word-for-word.
 
So UPS and FedEx just changed their policies to NOT allow shipping of firearms from person to person, did i get that right?

Yes. Or even from yourself to yourself! [thinking]

This might not be brand-new, but it's relatively new. For many years it was common for hunters going to Alaska to ship their guns to themselves at their destination, in case of a possible diversion to Canada.

The FedEx tariff doesn't include that specific line, but is otherwise almost word-for-word.

Thanks. I could have sworn that people did that regularly w/o problems. So I do think it new.

A real coincidence but the policies of the gun/ammo shipment rules between UPS and FedEx are almost identical. No collusion here, I'm sure! [rolleyes]
 
I did not check the USPO rules, as non-dealers/mfrs can't ship handguns anyway.
At first I'm thinking "if it fits it ships", but then wouldn't this expose you to the common misinterpretation that possession of firearms on PO property is verboten?? Also, do I understand you correctly that I can't by law ship a handgun to myself at my intended destination.
 
USPO makes it ILLEGAL for anyone except a Dealer/Mfr FFL to ship handguns via the USPO.

FedEx and UPS (apparent recent) POLICY is to forbid shipping ANY guns to anyone who does NOT hold an FFL (except for returns of repaired/modified guns to owner directly).

USPO and Congress are the only ones who can answer the "why" question, but it is perfectly legal for a non-FFL to ship a long gun to a dealer/mfr/FFL via the USPO. I do NOT know if you can ship a long gun to yourself via USPO. I have NOT checked their rules and have never shipped any sort of gun via USPO (I have used UPS and FedEx, but I was always shipping to an FFL and was never hassled).
 
FedEx and UPS (apparent recent) POLICY is to forbid shipping ANY guns to anyone who does NOT hold an FFL (except for returns of repaired/modified guns to owner directly).

Does their policy specify what type of FFL, or do they just say to any FFL? IOW, how about to someone with a C&R FFL?
 
Does their policy specify what type of FFL, or do they just say to any FFL? IOW, how about to someone with a C&R FFL?

Here's the UPS wording:

Special Procedures for Shipping Firearms
Use These UPS Services for Your Firearm Shipment
UPS accepts packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) for transportation only (a) between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18, Chapter 44 of the United States Code), and government agencies and (b) where not otherwise prohibited by federal, state or local law (i) from an individual to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; and (ii) from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to an individual.

I didn't DL the FedEx rules.
 
Here's the UPS wording:
Special Procedures for Shipping Firearms

Use These UPS Services for Your Firearm Shipment

UPS accepts packages containing firearms (as defined by Title 18, Chapter 44, and Title 26, Chapter 53 of the United States Code) for transportation only (a) between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors (as defined in Title 18, Chapter 44 of the United States Code), and government agencies and (b) where not otherwise prohibited by federal, state or local law (i) from an individual to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; and (ii) from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to an individual.


I didn't DL the FedEx rules.

I foresee another uptick in people applying for C&R FFLs...
 
USPO makes it ILLEGAL for anyone except a Dealer/Mfr FFL to ship handguns via the USPO.

FedEx and UPS (apparent recent) POLICY is to forbid shipping ANY guns to anyone who does NOT hold an FFL (except for returns of repaired/modified guns to owner directly).

USPO and Congress are the only ones who can answer the "why" question, but it is perfectly legal for a non-FFL to ship a long gun to a dealer/mfr/FFL via the USPO. I do NOT know if you can ship a long gun to yourself via USPO. I have NOT checked their rules and have never shipped any sort of gun via USPO (I have used UPS and FedEx, but I was always shipping to an FFL and was never hassled).

Only FFL dealers may ship handguns using USPS, and only to other dealers. In order to do so, the shipment must be in the ordinary course of business and postal form 1508 must be filed with the post office from which such shipment is made.

http://about.usps.com/forms/ps1508.pdf

While other sections of postal regulations make reference to licensed collectors, I would consider it an unacceptable risk to attempt to argue that those regulations trump the limitation on who may ship handguns, absent a formal ruling establishing that C&R use of USPS for handguns is acceptable.
 
I've tried to find the answer to this question in this tbread but I haven't seen anything that actually answers it.

I grew up in Maine and my father still lives tbere. Because that was where I hunt I have left most of my guns up there with him - long guns and handguns. I've had an LTC about six years now and I've started shooting here, joined a club etc. Is there any way I cna legally get my guns from Maine into Mass?

The long guns don't seem to be a problem - I can have my dad sell them to me and do an Fa10. The handguns seem trickier. What do you think?
 
I grew up in Maine and my father still lives tbere. Because that was where I hunt I have left most of my guns up there with him - long guns and handguns. I've had an LTC about six years now and I've started shooting here, joined a club etc. Is there any way I cna legally get my guns from Maine into Mass?

If they're YOUR guns, drive up there, throw them in a case and drive home. Fill out an FA-10 for each one and check "Register" at the top of the form and mail them in. That's about it. No need to purchase them or have them transferred if they are yours.

edit - if any of them will violate MA's AWB or if you have any post-ban high-capacity magazines, leave them in Maine. Otherwise, you're good to go.
 
Some of these were originally inheritance which was why I thought this might be a thread to find answers in, but that was years ago so it's essentially irrelevant. I'll check through the other threads and move the discussion to there. Thanks, Dwarven and Rider.
 
If they're yours, they're yours. If you inherited them years ago but now have them in your possession, they're yours. Bring 'em home and enjoy.

Oh, and if you've got any that you want to brag about, feel free to post their pictures in the Firearms sub-forum. Folks always like pix of toys...
 
I'm new here, just took my course at MFS Saturday and have been wandering through the internet and this message board for information on the application. I got stuck at the "build" and "complexion" items and found this on the Taunton PD's website. I just thought it would be helpful to other people down the line.

http://www.tauntonpd.com/instruct.pdf
 
inheritance transfer question

Hello everyone. Great site. Came looking for some specific info, but found myself reading everything, think I'll stick around a while.

Hypothetically, a gentleman passed away (owned a large collection, handguns, longs, but all still legal in MA) about 12 years ago. His niece was the
voluntary administrator of his estate (he did not have a will), and she was the only blood-related heir, so she inherited the collection. At the time she had, and still has,
a LTC. But she did not know they needed to be transferred to her name and never did so. What are her options? Can a FFL do the transfer?

Jane
 
Jane, the purely legal way is eFA-10s as Registration. NO info on source of guns, merely info on gun itself and her info.

That's it. NO FFLs needed.
 
My wife has a friend that inherited four handguns via FA-10. Can he transfer those guns, or does he have to wait until the next year?
 
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